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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Communities Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the National Health and Nutrition
Examination Survey (NHANES) from 2003-2006, for children aged
6-11 years and 12-19 years, the prevalence of being overweight
was 17 percent and 17.6 percent, respectively.
(2) According to the Surgeon General, overweight
adolescents have a 70 percent chance of becoming overweight or
obese adults.
(3) According to the Surgeon General, overweight and
obesity are associated with heart disease, certain types of
cancer, type 2 diabetes, stroke, arthritis, breathing problems,
and psychological disorders, such as depression.
(4) According to the Surgeon General, an estimated 300,000
deaths per year may be attributable to obesity.
(5) The Centers for Disease Control and Prevention reports
that in 2000, the total cost of obesity in the United States
was estimated to be $117 billion.
(6) According to the Dietary Guidelines produced by the
Department of Agriculture, increasing consumption of fruits and
vegetables, whole grains, and calcium-rich foods, while
reducing saturated fats, trans fats, sodium, added sugars, and
excess calories and reducing obesity could dramatically improve
Americans' health and well-being.
(7) According to the Surgeon General, nearly half of young
people aged 12-21 are not vigorously active on a regular basis.
Yet, regular physical activity improves strength, builds lean
muscle, and decreases body fat.
SEC. 3. COMMUNITY OBESITY PREVENTION PROGRAM.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended--
(1) by redesignating the second and third sections 399R as
sections 399S and 399T, respectively; and
(2) by adding at the end the following:
``SEC. 399U. COMMUNITY OBESITY PREVENTION PROGRAM.
``(a) In General.--The Secretary shall make 5-year grants to
community partnerships for programs to combat obesity.
``(b) Partnership Members.--To be eligible to seek a grant under
this section, at minimum, a community partnership shall include members
representing each of the following areas:
``(1) Hospitals.
``(2) School districts.
``(3) Early childhood care providers.
``(4) Local governments.
``(5) Health insurance companies.
``(6) Pediatricians.
``(7) Other health professionals.
``(8) Local employers.
``(c) Funding Requirements.--To be eligible for funding under this
section, a program shall comply with each of the following:
``(1) Executive council.--
``(A) The program shall have an executive council
composed of one partnership member from each of the
areas listed in subsection (b).
``(B) The executive council shall be responsible
for governing, overseeing, and managing the program.
``(C) The executive council shall meet monthly to
discuss governing the program.
``(D) The executive council shall have
subcommittees composed of partnership members
representing a variety of community participants in
order to involve as many people as possible.
``(2) Steering committee.--
``(A) The program shall have a steering committee
composed of, at minimum, the following:
``(i) Local health groups who engage in
obesity-related programming.
``(ii) Local environmental groups who work
on urban planning and forming `livable
communities'.
``(iii) Local recreational facilities that
engage in obesity-related programming.
``(iv) Representatives of each of the
partnership members.
``(v) Representatives of local restaurants
or grocery stores that offer healthy food
options.
``(vi) Representatives of local farmers.
``(vii) Other groups as deemed appropriate
by the executive committee.
``(B) The steering committee shall meet at least 10
times per year and perform the following functions:
``(i) Assess the progress of the program.
``(ii) Provide recommendations to the
executive council concerning improvements to
the program.
``(3) Program components.--The program shall address all
the different components of fighting obesity and include the
following:
``(A) Physical exercise and a physical activity
environment encouraging--
``(i) daily physical activity or exercise;
and
``(ii) community events based around
physical activity or exercise.
``(B) Nutritional counseling and nutritional
environment activities including--
``(i) counseling from a registered
dietitian;
``(ii) community healthy meal and snack
ideas--
``(I) at home;
``(II) at school;
``(III) at early childhood care;
and
``(IV) at the workplace; and
``(iii) alternatives to unhealthy food
choices and availability of nutritious foods,
including evaluation of potential food
`deserts' and farmers' markets.
``(C) Education to--
``(i) provide information about the
importance of eating healthily and maintaining
a balanced diet to the community;
``(ii) provide information about the
importance of being physically fit; and
``(iii) provide strategies for addressing
varying individual capabilities to attain
physical fitness.
``(D) An evidence-based curriculum using the
National Institutes of Health's Ways to Enhance
Children's Activity and Nutrition (We Can) program and
curriculum to guide the program.
``(4) Best practices.--The program shall make use of
evidence-based practices, strategies, programs, and policies in
designing program guidelines.
``(5) Communications.--The program shall develop a
communications plan that involves the entire community,
utilizing a wide variety of resources.
``(6) Occurrence of program.--The program shall have both
in-school and workplace wellness programs to encourage
healthier behavior by all participants on a consistent basis.
``(7) Wellness coordinator.--The program shall identify a
person, to be known as the Wellness Coordinator, who will
ensure that the program is being implemented to encourage
healthy lifestyles. The Wellness Coordinator shall provide
monthly updates to the executive committee and steering
committee on the components of the program being implemented
and progress made towards meeting goals.
``(8) Assessment.--The executive committee and steering
committee shall perform an assessment of the obesity problem in
the respective community. The assessment shall include--
``(A) measurement of the extent of the problem; and
``(B) factors contributing to the problem.
``(9) Goals.--Based on the assessment pursuant to paragraph
(8), the executive committee, steering committee, and Wellness
Coordinator shall work together to lay out achievable short-
and long-term goals for reducing childhood obesity. These goals
shall include the following:
``(A) Specific percentage decrease in rates of
obese adults and children.
``(B) Specific percentage decrease in rates of
overweight adults and children.
``(C) Specific percentage increase in rates of
children attaining at least 60 minutes of physical
activity per day and adults attaining at least 30
minutes of physical activity per day.
``(D) Specific percentage increase in improved
nutrition among children and adults.
``(10) Reports.--Not later than 12 months after a program
first receives funds under this section, and annually
thereafter, the Wellness Coordinator shall submit a report to
the Secretary on the success of the program. The report shall
include measurement of the effectiveness of the program in
achieving its goals.
``(d) Prohibition Against Use of Funds for Administrative
Expenses.--
``(1) Prohibition.--The Secretary shall prohibit a
community partnership awarded a grant under this section from
using the grant to pay the administrative expenses of the
partnership's program to combat obesity.
``(2) Exceptions.--Notwithstanding paragraph (1), the
Secretary may allow such community partnership to use the
grant--
``(A) to pay the salaries and benefits of staff
responsible for implementing the program; or
``(B) to pay the costs of performing an assessment
under subsection (c)(8).
``(e) Preference.--In selecting grant recipients under this
section, the Secretary shall give preference to communities with high
levels of obesity and related chronic diseases.
``(f) Application for Assistance During Subsequent Grant Years.--To
continue receiving assistance through a grant under this section, a
community partnership shall submit a separate application to the
Secretary at the beginning of each fiscal year during the grant period.
At a minimum, an application so submitted for the second or subsequent
year of a grant shall include a description of the partnership's
progress in the following areas:
``(1) Reducing the number of people who are overweight and
obese.
``(2) Improving the number of people receiving the
recommended daily allowance of nutritional food, including
fruits and vegetables.
``(3) Improving the number of people devoting at least 30
minutes a day to physical activity for adults and 60 minutes a
day for children.
``(g) Funding.--
``(1) Authorization of appropriations.--To carry out this
section, there are authorized to be appropriated $10,000,000
for fiscal year 2010 and such sums as may be necessary for
fiscal years 2011 to 2015.
``(2) Maximum amount of grant for first year.--For the
first year of a grant to a community partnership under this
section, the Secretary may award not more than $100,000.
``(3) Matching funds.--With respect to the costs of a
program to combat obesity to be funded under this section, the
Secretary may make a grant to a community partnership only if
the partnership agrees to make available non-Federal
contributions toward such costs in an amount that is not less
than $1 for every $4 of Federal funds provided pursuant to this
section.''. | Healthy Communities Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to make five-year grants to community partnerships for programs to combat obesity. Sets forth eligibility requirements. Provides for an executive council and a steering committee.
Requires a community obesity prevention program to address all the different components of fighting obesity and to include: (1) physical exercise and a physical activity environment; (2) nutritional counseling and nutritional environment activities; (3) education to provide to the community information about the importance of eating healthily and maintaining a balanced diet and of being physically fit and to provide strategies for addressing varying individual capabilities to attain physical fitness; and (4) an evidence-based curriculum using the National Institutes of Health's (NIH's) Ways to Enhance Children's Activity and Nutrition (We Can) program and curriculum to guide the program.
Requires a program to: (1) make use of evidence-based practices, strategies, programs, and policies in designing program guidelines; (2) develop a communications plan that involves the entire community; (3) have both in-school and workplace wellness programs; and (4) identify a Wellness Coordinator. Requires the executive council and the steering committee to: (1) perform an assessment of the obesity problem in each respective community; and (2) work with the Wellness Coordinator to lay out achievable short- and long-term goals for reducing childhood obesity.
Directs the Secretary to: (1) prohibit a community partnership from using the grant to pay for administrative expenses, with exceptions; and (2) give preference in selecting grant recipients to communities with high levels of obesity and related chronic diseases. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to promote obesity prevention, including proper nutrition and exercise."} | 2,146 | 348 | 0.490413 | 1.572812 | 0.710836 | 4.328358 | 6.319403 | 0.949254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Growing Farm to School Programs Act
of 2010''.
SEC. 2. ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively;
(2) in subsection (g), by striking ``(g) Access to Local
Foods and School Gardens.--'' and all that follows through
``(3) Pilot program for high-poverty schools.--'' and inserting
the following:
``(g) Access to Local Foods: Farm to School Program.--
``(1) Definition of eligible school.--In this subsection,
the term `eligible school' means a school or institution that
participates in a program under this Act or the school
breakfast program established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
``(2) Program.--The Secretary shall carry out a program to
assist eligible schools, State and local agencies, Indian
tribal organizations, agricultural producers or groups of
agricultural producers, and nonprofit entities through grants
and technical assistance to implement farm to school programs
that improve access to local foods in eligible schools.
``(3) Grants.--
``(A) In general.--The Secretary shall award
competitive grants under this subsection to be used
for--
``(i) training;
``(ii) supporting operations;
``(iii) planning;
``(iv) purchasing equipment;
``(v) developing school gardens;
``(vi) developing partnerships; and
``(vii) implementing farm to school
programs.
``(B) Regional balance.--In making awards under
this subsection, the Secretary shall, to the maximum
extent practicable, ensure--
``(i) geographical diversity; and
``(ii) equitable treatment of urban, rural,
and tribal communities.
``(C) Maximum amount.--The total amount provided to
a grant recipient under this subsection shall not
exceed $100,000.
``(4) Federal share.--
``(A) In general.--The Federal share of costs for a
project funded through a grant awarded under this
subsection shall not exceed 75 percent of the total
cost of the project.
``(B) Federal matching.--As a condition of
receiving a grant under this subsection, a grant
recipient shall provide matching support in the form of
cash or in-kind contributions, including facilities,
equipment, or services provided by State and local
governments, nonprofit organizations, and private
sources.
``(5) Criteria for selection.--To the maximum extent
practicable, in providing assistance under this subsection, the
Secretary shall give the highest priority to funding projects
that, as determined by the Secretary--
``(A) benefit local small- and medium-sized farms;
``(B) make local food products available on the
menu of the eligible school;
``(C) serve a high proportion of children who are
eligible for free or reduced price lunches;
``(D) incorporate experiential nutrition education
activities in curriculum planning that encourage the
participation of school children in farm and garden-
based agricultural education activities;
``(E) demonstrate collaboration between eligible
schools, nongovernmental and community-based
organizations, agricultural producer groups, and other
community partners;
``(F) include adequate and participatory evaluation
plans;
``(G) demonstrate the potential for long-term
program sustainability; and
``(H) meet any other criteria that the Secretary
determines appropriate.
``(6) Evaluation.--As a condition of receiving a grant
under this subsection, each grant recipient shall agree to
cooperate in an evaluation by the Secretary of the program
carried out using grant funds.
``(7) Technical assistance.--The Secretary shall provide
technical assistance and information to assist eligible
schools, State and local agencies, Indian tribal organizations,
and nonprofit entities--
``(A) to facilitate the coordination and sharing of
information and resources in the Department that may be
applicable to the farm to school program;
``(B) to collect and share information on best
practices; and
``(C) to disseminate research and data on existing
farm to school programs and the potential for programs
in underserved areas.
``(8) Funding.--
``(A) In general.--On October 1, 2010, out of any
funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary to carry out this subsection $50,000,000, to
remain available until expended.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
``(h) Pilot Program for High-Poverty Schools.--
``(1) In general.--''; and
(3) in subsection (h) (as redesignated by paragraph (2))--
(A) in subparagraph (F) of paragraph (1) (as so
redesignated), by striking ``in accordance with
paragraph (1)(H)'' and inserting ``carried out by the
Secretary''; and
(B) by redesignating paragraph (4) as paragraph
(2).
SEC. 3. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Growing Farm to School Programs Act of 2010 - Amends the Richard B. Russell National School Lunch Act to replace the farm-to-cafeteria program with a program providing schools, state and local agencies, Indian tribes, agricultural producers, and nonprofits with competitive matching grants and technical assistance to improve access to local foods by schools participating in the school lunch or breakfast programs.
Gives priority to projects that: (1) benefit local small- and medium-sized farms; (2) serve a high proportion of children who are eligible for free or reduced price lunches; and (3) incorporate experiential nutrition education by involving school children in farm and garden-based agricultural education activities. | {"src": "billsum_train", "title": "A bill to amend the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to carry out a program to assist eligible schools and nonprofit entities through grants and technical assistance to implement farm to school programs that improve access to local foods in eligible schools."} | 1,290 | 142 | 0.608253 | 1.303368 | 0.692889 | 4.284615 | 9.438462 | 0.930769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Tax Transparency Act''.
SEC. 2. DISCLOSURE OF RECENT TAX RETURNS OF CERTAIN PRESIDENTIAL
CANDIDATES.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104) is amended by adding at the end the following
new subsection:
``(j) Disclosure of Tax Returns of Certain Presidential
Candidates.--
``(1) In general.--Each candidate of a major party for the
office of President shall file with the Commission, not later
than 15 days after such candidate is nominated, a copy of the
income tax returns of such candidate for the 3 most recent
taxable years for which such a return has been filed with the
Internal Revenue Service as of the date of the nomination.
``(2) Procedure if no information filed.--In any case in
which the candidate of a major party for the office of
President has not filed with the Commission the income tax
returns described in paragraph (1) before the date which is 30
days after the date such candidate is nominated, the Chairman
of the Commission shall request the Secretary of the Treasury
to provide such returns.
``(3) Returns made public.--A tax return provided to the
Commission by a candidate under paragraph (1) or by the
Secretary of the Treasury pursuant to paragraph (2) shall be
treated in the same manner as a report filed by the candidate
and, except as provided in paragraph (4), shall be made
publicly available at the same time and in the same manner as
other reports and statements under this section.
``(4) Redaction of certain information.--Before making any
return described in paragraph (1) or (2) available to the
public, the Commission shall redact such information as the
Commission, in consultation with the Secretary of the Treasury
(or the Secretary's delegate), determines appropriate.
``(5) Definitions.--For purposes of this subsection:
``(A) Major party.--The term `major party' has the
meaning given such term by section 9002(6) of the
Internal Revenue Code of 1986.
``(B) Income tax return.--The term `income tax
return' means any return (as defined in section
6103(b)(1) of the Internal Revenue Code of 1986)
relating to Federal income taxes.
``(6) Special rule for 2016.--
``(A) In general.--In the case of any candidate
described in subparagraph (B)--
``(i) paragraph (1) shall be applied by
substituting `7 days after the date of the
enactment of this subsection' for `15 days
after such candidate is nominated', and
``(ii) paragraph (2) shall be applied by
substituting `10 days after the date of the
enactment of this subsection' for `30 days
after the date such candidate is nominated'.
``(B) Candidate described.--A candidate is
described in this subparagraph if such candidate is the
candidate of a major party for the office of President
who--
``(i) is nominated with respect to the
regularly scheduled general election for the
office of President held in November 2016, and
``(ii) was so nominated before the date of
the enactment of this subsection.''.
(b) Authority to Disclose Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information of certain
presidential candidates by federal election commission.--
``(A) In general.--The Federal Election Commission
may disclose to the public the applicable returns of
any person who has been nominated as a candidate of a
major party (as defined in section 9002(6)) for the
office of President.
``(B) Disclosure to fec in cases where candidate
does not provide returns.--The Secretary shall, upon
written request from the Chairman of the Federal
Election Commission pursuant to section 304(j)(2) of
the Federal Election Campaign Act of 1971, provide to
officers and employees of the Federal Election
Commission copies of the applicable returns of any
person who has been nominated as a candidate of a major
party (as defined in section 9002(6)) for the office of
President.
``(C) Applicable returns.--For purposes of this
paragraph, the term `applicable returns' means, with
respect to any candidate for the office of President,
income tax returns for the 3 most recent taxable years
for which a return has been filed as of the date of the
nomination.''.
(2) Conforming amendments.--Section 6103(p)(4) of such
Code, in the matter preceding subparagraph (A) and in
subparagraph (F)(ii), is amended by striking ``or (22)'' and
inserting ``(22), or (23)'' each place it appears.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Presidential Tax Transparency Act This bill amends the Federal Election Campaign Act of 1971 to require each candidate of a major party for the office of President to file with the Federal Election Commission (FEC) a copy of the candidate's income tax returns for the three most recent taxable years for which such a return has been filed with the Internal Revenue Service as of the date of the nomination. If a candidate has not filed with the FEC such income tax returns within 30 days after the nomination date, the FEC shall request the Department of the Treasury to furnish the returns. A tax return furnished to the FEC by a candidate or by Treasury shall be treated in the same manner as a report filed by the candidate and, except for the appropriate redaction of certain information, shall be made publicly available at the same time and in the same manner as other reports and statements. The bill sets forth a special rule for disclosure of tax returns in 2016 by a presidential candidate who is nominated for the general election in November 2016 and was so nominated before the enactment of this bill. The bill amends the Internal Revenue Code to authorize the FEC to disclose to the public the applicable tax returns of any person who has been nominated as a candidate of a major party. Treasury shall furnish the FEC with copies of any requested returns. | {"src": "billsum_train", "title": "Presidential Tax Transparency Act"} | 1,149 | 286 | 0.727349 | 1.978811 | 0.771037 | 4.760784 | 4.058824 | 0.92549 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Disaster Assistance
Act of 2001''.
SEC. 2. DISASTER ASSISTANCE TO REOPEN SMALL BUSINESS CONCERNS AND
AGRICULTURAL ENTERPRISES.
Section 7 of the Small Business Act (15 U.S.C. 636) is amended--
(1) in subsection (b), by inserting before the undesignated
paragraph that begins with ``No loan under this subsection,''
the following:
``(4) In accordance with subsection (o), the Administration may
make grants and loans under this subsection.''; and
(2) by adding at the end the following:
``(o) Disaster Assistance Programs To Reopen Small Business
Concerns and Agricultural Enterprises.--
``(1) Grant program.--
``(A) In general.--In accordance with this
subsection and subsection (b) (to the extent that
subsection (b) is not inconsistent with this
subsection), the Administration may make grants to
small business concerns and agricultural enterprises
following a natural or other disaster to assist such
concerns and enterprises in reopening for business.
``(B) Eligibility.--A small business concern or
agricultural enterprise may receive a grant under this
paragraph only if it--
``(i) was a viable business concern (as
determined by the Administration) at the time
of the disaster; and
``(ii) is likely to be a viable business
concern (as determined by the Administration)
after receiving assistance under this
subsection.
``(C) Maximum.--The Administration may make no
grant under this paragraph that exceeds $30,000.
``(D) Timing.--In making grants under this
paragraph, the Administration shall disburse grant
funds as soon as is practicable after a disaster.
``(2) Loan program.--
``(A) In general.--In accordance with this
subsection and subsection (b) (to the extent that
subsection (b) is not inconsistent with this
subsection), the Administration may make loans to small
business concerns following a natural or other disaster
to assist such concerns in reopening and remaining open for business.
``(B) Direct and guaranteed loans permissible.--The
Administration may make loans under this paragraph
either directly or in cooperation with banks or other
lending institutions through agreements to participate
on an immediate or deferred (guaranteed) basis.
``(C) Repayment.--
``(i) One-year deferral.--The
Administration may not require the borrower
with respect to a loan made under this
paragraph to repay any principal of the loan,
or any interest on such principal, before the
date that is 1 year after the date on which the
proceeds of the loan are disbursed.
``(ii) Application of repaid amounts.--The
Administration shall apply all amounts repaid
with respect to a loan made under this
paragraph--
``(I) to the principal of the loan;
and
``(II) to the extent that such
amounts are sufficient, to the interest
on such principal.
``(3) Limitation on eligibility.--Notwithstanding any other
provision of this subsection, the Administration may not make
assistance available under this subsection to any person,
concern, or enterprise that is in default of any outstanding--
``(A) Federal obligation;
``(B) child support obligation; or
``(C) judgment of a Federal or State court.
``(4) Use of proceeds.--As a condition of receiving a grant
or loan under this subsection, the Administration shall require
the recipient to--
``(A) agree to use the proceeds of such grant or
loan only to repair or replace items and structures
that were lost or damaged as a result of a disaster;
and
``(B) agree not to use any of the proceeds of such
grant or loan for relocation, unless the recipient is
directed by a government agency to relocate for safety,
health, or mitigation purposes.
``(5) Flood insurance.--As a condition of receiving a grant
or loan under this subsection, the Administration shall require
each recipient that operates in a location that the
Administration determines is prone to flooding--
``(A) to obtain flood insurance, or to ensure that
such insurance is obtained, for the maximum insurable
value of the concern's structure (whether owned or
leased) and the contents of such structure; and
``(B) to maintain such flood insurance for the
period of time that the concern continues to operate in
such a location.
``(6) Agricultural enterprises.--
``(A) Defined.--In this subsection, the term
`agricultural enterprise' means--
``(i) an agricultural enterprise within the
meaning of the term under section 3(a); and
``(ii) a farm not larger than a family farm
within the meaning of such term under section
321 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961).
``(B) Consultation requirement.--Before issuing
regulations to implement paragraph (1), the
Administration shall consult with the Secretary of
Agriculture with respect to the effect of such
regulations on agricultural enterprises.''.
SEC. 3. CONFORMING AMENDMENT.
Section 4(f)(1) (15 U.S.C. 633(f)(1)) of the Small Business Act is
amended by striking ``section 462(b) of the Social Security Act'' and
inserting ``section 459 of the Social Security Act''.
SEC. 4. APPLICABILITY.
The amendments made by section 2 shall apply to any major disaster
declared after September 1, 1999. | Small Business Disaster Assistance Act of 2001 - Authorizes the Small Business Administration (SBA) to make grants to small businesses and agricultural enterprises following a natural or other disaster to assist such entities in reopening for business. Limits such grants to $30,000 per entity.Authorizes the SBA to make loans, either directly or through banks or other lending institutions, to small businesses following a natural or other disaster to assist such businesses in reopening. Outlines loan requirements, including requiring businesses operating in flood-prone areas to carry flood insurance. | {"src": "billsum_train", "title": "To authorize the Small Business Administration to make grants and loans to small business concerns, and grants to agricultural enterprises, to enable such concerns and enterprises to reopen for business after a natural or other disaster."} | 1,249 | 120 | 0.602338 | 1.49386 | 0.672655 | 3.09 | 11.47 | 0.81 |
SECTION 1. SHORT TITLE; REFERENCES TO HIGHER EDUCATION ACT OF 1965.
(a) Short Title.--This Act may be cited as the ``Higher Education
Assistance Improvement Act''.
(b) References to Higher Education Act of 1965.--Except as
otherwise expressly provided, whenever in this Act an amendment or
reference is expressed in terms of an amendment to, or reference to, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Higher Education Act of
1965.
SEC. 2. ADDITIONAL PROGRAM FUNDING AUTHORIZATIONS.
(a) Pell Grants.--Section 401(b)(2)(A) (20 U.S.C. 1070(b)(2)(A)) is
amended by striking clauses (iv) and (v) and inserting the following:
``(iv) $7,500 for academic year 2002-2003; and
``(v) $7,900 for academic year 2003-2004,''.
(b) TRIO.--Section 402A(f) (20 U.S.C. 1070a-11(f)) is amended by
striking ``$700,000,000 for fiscal year 1999, and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``$1,460,000,000 for fiscal year 2002 and such sums as may be necessary
for the succeeding fiscal year''.
(c) GEAR UP.--Section 404H (20 U.S.C. 1070a-28) is amended by
striking ``$200,000,000 for fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``$590,000,000 for fiscal year 2002 and such sums as may be necessary
for the succeeding fiscal year''.
(d) Supplemental Education Opportunity Grants.--Section 413A(b) (20
U.S.C. 1070b(b)) is amended by striking ``$675,000,000 for fiscal year
1999 and such sums as may be necessary for the 4 succeeding fiscal
years'' and inserting ``$1,300,000,000 for fiscal year 2002 and such
sums as may be necessary for the succeeding fiscal year''.
(e) Graduate Assistance in Areas of National Need.--Section 716 (20
U.S.C. 1135e) is amended by striking ``$35,000,000 for fiscal year 1999
and such sums as may be necessary for each of the 4 succeeding fiscal
years'' and inserting ``$62,000,000 for fiscal year 2002 and such sums
as may be necessary for the succeeding fiscal year''.
(f) Thurgood Marshall.--Section 721(h) (20 U.S.C. 1136(h)) is
amended by striking ``$5,000,000 for fiscal year 1999 and each of the 4
succeeding fiscal years'' and inserting ``$8,000,000 for fiscal year
2002 and such sums as may be necessary for the succeeding fiscal
year''.
SEC. 3. ADDITIONAL APPROPRIATIONS MANDATE.
It is the sense of Congress that the appropriations for the
following higher education programs should be increased as follows:
(1) LEAP.--The appropriations under section 415A(b)(1) (20
U.S.C. 1070c(b)(1)) should be doubled to at least $110,000,000
for fiscal year 2002 and such sums as may be necessary for the
succeeding fiscal year.
(2) CAMPIS.--The appropriations under section 419N(g) (20
U.S.C. 1070e(g)) should be doubled to at least $50,000,000 for
fiscal year 2002 and such sums as may be necessary for the
succeeding fiscal year.
(3) Work-study.--The appropriations under section 441(b)
(42 U.S.C. 2751(b)) should be increased to at least
$1,050,000,000 for fiscal year 2002 and such sums as may be
necessary for the succeeding fiscal year.
(4) National health service corps scholarship and loan
repayment programs.--The appropriations under sections 338A and
338B of the Public Health Service Act (42 U.S.C. 254l, 254l-1)
should be doubled to at least $175,850,000 for fiscal year 2002
and such sums as may be necessary for the succeeding fiscal
year.
(5) Perkins loans.--The appropriations under section
461(b)(1) (20 U.S.C. 1087aa(b)(1)) should be doubled to at
least $200,000,000 for fiscal year 2002 and such sums as may be
necessary for the succeeding fiscal year, and the amount
available under section 465 for loan cancellation should be
doubled to at least $120,000,000 for fiscal year 2002 and such
sums as may be necessary for the succeeding fiscal year.
(6) Javits fellowships.--The appropriations under section
705 (20 U.S.C. 1134d) should be increased to at least
$20,000,000 for fiscal year 2002 and such sums as may be
necessary for the succeeding fiscal year.
SEC. 4. LOAN FORGIVENESS.
(a) Expansion of Eligibility.--
(1) Elimination of new borrower restrictions.--
(A) FFEL program.--Section 428J(b) (20 U.S.C. 1078-
10(b)) is amended by striking ``for any new borrower on
or after October 1, 1998, who'' and inserting ``for any
borrower who performs the qualifying service on or
after October 1, 1998, and who''.
(B) Federal direct loan program.--Section 460(b)(1)
of such Act (20 U.S.C. 1087j(b)(1)) is amended by
striking ``for any new borrower on or after October 1,
1998, who'' and inserting ``for any borrower who
performs the qualifying service on or after October 1,
1998, and who''.
(2) Expansion of eligible service; eliminating delay in
service benefit.--
(A) FFEL program.--Section 428J(b)(1) is amended to
read as follows:
``(1) has been engaged--
``(A) in any service that qualifies for
cancellation of Federal Perkins Loans under section
465(a)(2);
``(B) in full-time employment in service to
economically disadvantaged individuals or communities,
child and elder care services, social work, public
prosecutors and defenders, and police, fire, and rescue
services, as defined by the Secretary; or
``(C) in full-time employment in any service that
the Secretary recognizes by regulation as providing
public service that is comparable to the services
described in subparagraph (A) or (B); and''.
(B) Federal direct loan program.--Section
460(b)(1)(A) (20 U.S.C. 1087j(b)(1)(A)) is amended to
read as follows:
``(A) has been engaged--
``(i) in any service that qualifies for
cancellation of Federal Perkins Loans under
section 465(a)(2); or
``(ii) in full-time employment in service
to economically disadvantaged individuals or
communities, child and elder care services,
social work, public prosecutors and defenders,
and police, fire, and rescue services, as
defined by the Secretary;
``(iii) in full-time employment in any
service that the Secretary recognizes by
regulation as providing public service that is
comparable to the services described in clause
(i) or (ii); and''.
(C) Perkins loans.--Section 465(a)(2) is amended by
adding after the last sentence thereof the following
new sentence: ``Whenever the Secretary acts pursuant to
section 428J(b)(1)(B) or (C) or 460(b)(1)(A)(ii) or
(iii) to recognize by regulation or define additional
services as comparable qualifying services under such
sections, the Secretary shall, by regulation, recognize
such services as qualifying services for purposes of
this section.''.
(b) Amount and Rate of Repayment.--
(1) FFEL program.--Section 428J(c) (20 U.S.C. 1078-10(c))
is amended by striking paragraph (1) and inserting the
following:
``(1) Amount and rate of repayment.--The Secretary shall
repay the aggregate of the loan obligation on a loan made under
section 428 or 428H that is outstanding after the completion of
the first complete year of qualifying service described in
subsection (b)(1) for which the borrower seeks repayment under
this section. Such amount shall be repaid at the rate of one-
third of such amount for each of the first three years of such
service.''.
(2) Federal direct loan program.--Section 460(c) of such
Act (20 U.S.C. 1087j(c)) is amended by striking paragraph (1)
and inserting the following:
``(1) Amount and rate of repayment.--The Secretary shall
cancel the aggregate of the loan obligation on a loan made
under section 428 or 428H that is outstanding after the
completion of the first complete year of qualifying service
described in subsection (b)(1)(A). Such amount shall be
canceled at the rate of one-third of such amount for each of
the first three years of such service.''.
(3) Perkins loans.--Section 465(a) (20 U.S.C. 1087ee(a)) is
amended by striking paragraph (3)(A) and inserting the
following:
``(3)(A) The percent of a loan which shall be canceled under
paragraph (1) of this subsection is at the rate of 33\1/3\ percent for
each of 3 years of service described in paragraph (2).''. | Higher Education Assistance Improvement Act - Amends the Higher Education Act of 1965 (HEA) to increase funds available for the provision of student financial assistance.Increases the maximum individual Pell grant amount to: (1) $7,500 for academic year 2002-2003; and (2) $7,900 for academic year 2003-2004.Increases amounts authorized to be appropriated for FY 2002 and 2003 under the HEA student assistance provisions: (1) Federal TRIO programs; (2) Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP); (3) supplemental education opportunity grants; (4) graduate assistance in areas of national need; and (5) Thurgood Marshall legal educational opportunity program.Expresses the sense of Congress that appropriations for the following higher education programs should be increased by specified amounts for FY 2002 and as necessary for FY 2003: (1) Leveraging Educational Assistance Partnership (LEAP); (2) Child Care Access Means Parents in School (CAMPIS); (3) work-study; (4) National Health Service Corps scholarship and loan repayment programs; (5) Perkins loans; and (6) Javits fellowships.Expands eligibility under the Federal Family Education Loan (FFEL), Federal direct loan, and Federal Perkins loan programs by: (1) eliminating certain new borrower restrictions; (2) expanding eligible service; and (3) eliminating delays in service benefit. Directs the Secretary of Education to repay or cancel certain amounts of loan obligations under those HEA student loan programs. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to increase the funds available for the provision of student financial assistance, and for other purposes."} | 2,236 | 306 | 0.528064 | 1.68721 | 0.70153 | 2.572917 | 6.170139 | 0.788194 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Americans Living
Abroad Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on Americans Living Abroad'' (in this Act referred to as the
``Commission'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 15
members appointed by the President, of whom--
(1) two members shall be appointed from among individuals
recommended by the Speaker of the House of Representatives;
(2) two members shall be appointed from among individuals
recommended by the majority leader of the House of
Representatives;
(3) two members shall be appointed from among individuals
recommended by the minority leader of the House of
Representatives;
(4) two members shall be appointed from among individuals
recommended by the majority leader of the Senate;
(5) two members shall be appointed from among individuals
recommended by the minority leader of the Senate; and
(6) two members shall be appointed from among individuals
recommended by the President pro tempore of the Senate.
(b) Qualifications.--
(1) Limit on officers or employees of the united states.--
Not more than 10 members shall be officers or employees of the
United States.
(2) Political party affiliation.--Not more than 8 members
of the Commission may be of the same political party.
(3) Expertise.--
(A) Officers or employees of the united states.--
Members of the Commission who are officers or employees
of the United States shall be appointed from among
individuals whose employment is directly related to the
matters to be studied by the Commission under section
4(a)(2).
(B) Other members.--Members of the Commission who
are not officers or employees of the United States
shall be appointed from among individuals who--
(i) have lived in a foreign country for not
less than one year;
(ii) are members of organizations that
represent United States citizens living in
foreign countries; or
(iii) have other experience that is
relevant to the matters to be studied by the
Commission under section 4(a)(2).
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner in which the original appointment was made.
Any vacancy in the Commission shall not affect its powers.
(d) First Meeting.--Not later than 60 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(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.--The President shall select a Chairperson for the
Commission from among its members.
SEC. 4. DUTIES.
(a) Study.--
(1) In general.--The Commission shall conduct a study on
how Federal laws and policies affect United States citizens
living in foreign countries, including civilians and members of
the Armed Forces.
(2) Matters studies.--The matters studied shall include the
following:
(A) Federal financial reporting requirements for a
United States citizen living in a foreign country,
including the requirements under section 5314 of title
31, United States Code.
(B) Federal policies and requirements that affect
the ability of a United States citizen living in a
foreign country to access foreign and domestic
financial institutions, including requirements under
chapter 4 of the Internal Revenue Code of 1986
(commonly known as the ``Foreign Account Tax Compliance
Act'') and requirements affecting financial
institutions imposed by the Uniting and Strengthening
America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001 (USA
Patriot Act) (Public Law 107-56).
(C) Federal requirements for a spouse, child, or
another family member of a United States citizen living
in a foreign country who is not a United States citizen
to become a United States citizen.
(D) The ability of a United States citizen living
in a foreign country to vote in Federal, State, and
local elections in the United States, and the process
for such a citizen to vote in such elections.
(E) The processes by which a United States citizen
living in a foreign country interacts with Federal
programs such as Social Security and Medicare.
(F) The process for a United States citizen living
in a foreign country to get a Federal education loan
for such citizen or for such citizen's child who is a
United States citizen.
(G) Which Federal agencies have jurisdiction over
each Federal program that serves United States citizens
who live in foreign countries and possible methods to
improve the collaboration of and coordination between
such Federal agencies.
(b) Consultation With Outside Organizations.--In conducting the
study under subsection (a), the Commission shall consult organizations
that represent United States citizens living in foreign countries.
(c) Reports.--
(1) Initial report.--Not later than one year after the date
of enactment of this Act, the Commission shall submit a report
to the President, Congress, and the head of any Federal agency
identified in subsection (a)(2)(G), which shall contain a
detailed statement of the findings and conclusions of the
Commission, together with its recommendations for such
legislative and administrative actions as it considers
appropriate.
(2) Update.--Not later than one year after the date on
which the Commission submits the report under paragraph (1),
the Commission shall submit an update to the President,
Congress, and the head of any Federal agency identified in
subsection (a)(2)(G), which shall describe any administrative
actions taken by the head of any Federal agency pursuant to the
recommendations in such report.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--Subject to section 6103 of the
Internal Revenue Code of 1986, the Commission may secure directly from
any Federal department or agency such information as the Commission
considers necessary to carry out this Act. Upon request of the
Chairperson of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the United States shall be compensated at
a rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the duties of
the Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation in
addition to that received for their services as officers or employees
of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any United States employee may
be detailed to the Commission without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. FEDERAL AGENCY RESPONSE.
Not later than 180 days after the date on which the Commission
submits the report under section 4(c)(1), the head of any Federal
agency that is affected by a recommendation in such report shall submit
to the President, Congress, and the Commission a response to such
recommendation, including any plans to take administrative action
pursuant to such recommendation.
SEC. 8. TERMINATION.
The Commission shall terminate on the date on which it submits its
update under section 4(c)(2).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $3,000,000 for each of
fiscal years 2013 and 2014 to the Commission to carry out this Act to
remain available until the termination of the Commission. | Commission on Americans Living Abroad Act - Establishes the Commission on Americans Living Abroad which shall conduct a study of how federal laws and policies affect U.S. citizens living abroad, including civilians and members of the Armed Forces.
Terminates the Commission upon submission of a final report to Congress. | {"src": "billsum_train", "title": "To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries."} | 2,149 | 67 | 0.489864 | 1.135993 | 0.489196 | 3.056604 | 38.301887 | 0.90566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warrior Caregiver Assistance
Act''.
SEC. 2. SUPPORT SERVICES FOR FAMILY CAREGIVERS.
(a) In General.--Chapter 17 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 1786. Support services for family caregivers
``(a) Training.--The Secretary shall make available interactive
training sessions for family caregivers and individuals who provide
such caregivers support under this chapter or through the aging network
(including respite care providers, nursing care providers, and
counselors). Such training shall--
``(1) be made available both in person and on an Internet
website;
``(2) incorporate telehealth technologies to the extent
practicable; and
``(3) teach techniques, strategies, and skills for caring
for a disabled veteran, including, at a minimum, effective
methods of--
``(A) caring for a veteran--
``(i) with post-traumatic stress disorder
or a traumatic brain injury; and
``(ii) who was deployed in support of
Operation Enduring Freedom or Operation Iraqi
Freedom; and
``(B) recording details regarding the health of the
veteran.
``(b) Access to Support Services.--The Secretary shall provide
family caregivers with information concerning public, private, and non-
profit agencies that offer support to such caregivers. In providing
such information, the Secretary shall--
``(1) collaborate with the Assistant Secretary for Aging of
the Department of Health and Human Services in order to provide
family caregivers access to Aging and Disability Resource
Centers under the Administration on Aging of the Department of
Health and Human Services; and
``(2) contract with a private entity to provide family
caregivers with an Internet-based service that contains--
``(A) a directory of services available at the
county level;
``(B) message boards and other similar tools that
provide family caregivers with the ability to interact
with each other and disabled veterans for the purpose
of fostering peer support and creating support
networks; and
``(C) comprehensive information explaining health-
related topics and issues relevant to the needs of
disabled veterans and family caregivers.
``(c) Information and Outreach.--The Secretary shall conduct
outreach to inform disabled veterans and the families of such veterans
of the services under this section. Such outreach shall include the
following:
``(1) Public service announcements.
``(2) Brochures and pamphlets.
``(3) Full use of Internet-based outreach methods,
including--
``(A) participating on social networking websites;
``(B) methods designed specifically for rural
families; and
``(C) establishing a web page on the Internet
website of the Department that--
``(i) is dedicated to caregiver support;
and
``(ii) contains interactive elements,
including providing information based on the
location of the person using the web page.
``(d) Definitions.--In this section:
``(1) The term `aging network' has the meaning given that
term in section 102(5) of the Older Americans Act of 1965 (42
U.S.C. 3002(5)).
``(2) The term `caregiver services' means noninstitutional
extended care (as used in section 1701(6) of this title),
including homemaker and home health aid services.
``(3) The term `family caregiver' means an individual who--
``(A) is a member of the family (including parents,
spouses, children, siblings, step-family members, and
extended family members) of a disabled veteran;
``(B) provides caregiver services to such veteran
for such disability; and
``(C) may or may not reside with such veteran.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 38, United States Code, is amended by adding at the
end the following new item:
``1786. Support services for family caregivers.''.
SEC. 3. COUNSELING AND MENTAL HEALTH SERVICES FOR FAMILY CAREGIVERS.
(a) In General.--Section 1782 of title 38, United States Code, is
amended--
(1) in the section heading, by striking ``immediate''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) a family caregiver as defined in section 1786 of this
title; or''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 38, United States Code, is amended by striking the
item relating to section 1782 and inserting the following new item:
``1782. Counseling, training, and mental health services for family
members.''.
SEC. 4. RESPITE CARE TO ASSIST FAMILY CAREGIVERS.
Section 1720B of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``title.'' and inserting
``title or who receives care from a family caregiver as defined
in section 1786 of this title.''; and
(2) by adding at the end the following new subsection:
``(d) In furnishing respite care services under this section, the
Secretary shall ensure that such services--
``(1) fulfill the needs of the veteran receiving care; and
``(2) are appropriate for the veteran (including by taking
the age of the veteran into account when selecting the respite
care provided to such veteran).''. | Wounded Warrior Caregiver Assistance Act - Directs the Secretary of Veterans Affairs (VA) to make interactive training sessions available for family caregivers and individuals who provide such caregivers support (including respite care providers, nursing care providers, and counselors).
Directs the Secretary to provide family caregivers with information concerning public, private, and nonprofit agencies that offer support to such caregivers, including by contracting with a private entity to provide family caregivers with an Internet-based service with: (1) a directory of county level services; (2) message boards and other tools that allow interaction to foster peer support and the creation of support networks; and (3) comprehensive information explaining relevant health-related topics and issues.
Directs the Secretary to conduct outreach to inform disabled veterans and their families of these services.
Makes family caregivers eligible for counseling, training, and mental health services under existing provisions.
Authorizes the Secretary to furnish respite care to a veteran who receives care from a family caregiver under existing provisions. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide support services for family caregivers of disabled veterans, and for other purposes."} | 1,272 | 213 | 0.739011 | 2.017747 | 0.959545 | 4.025773 | 6.298969 | 0.891753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home and Farm Wind Energy Systems
Act of 2001''.
SEC. 2. CREDIT FOR WIND ENERGY PROPERTY INSTALLED IN RESIDENCES AND
BUSINESSES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 30A the following new section:
``SEC. 30B. WIND ENERGY PROPERTY.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 30 percent (10 percent after December 31, 2011) of the amount
paid or incurred by the taxpayer for qualified wind energy property
placed in service or installed during such taxable year.
``(b) Limitation.--No credit shall be allowed under subsection (a)
unless at least 50 percent of the energy produced annually by the
qualified wind energy property is consumed on the site on which the
property is placed in service or installed.
``(c) Qualified Wind Energy Property.--For purposes of this
section, the term `qualified wind energy property' means a qualifying
wind turbine if--
``(1) in the case of an individual, the property is
installed on or in connection with a dwelling unit which is
located in the United States and which is owned and used as the
taxpayer's principal residence,
``(2) the original use of which commences with the
taxpayer, and
``(3) the property carries at least a 5-year limited
warranty covering defects in design, material, or workmanship,
and, for property that is not installed by the taxpayer, at
least a 5-year limited warranty covering defects in
installation.
``(d) Other Definitions.--For purposes of this section--
``(1) Qualifying wind turbine.--The term `qualifying wind
turbine' means a wind turbine of 75 kilowatts of rated capacity
or less which meets the latest performance rating standards
published by the American Wind Energy Association or the
International Electrotechnical Commission and which is used to
generate electricity.
``(2) Principal residence.--The term `principal residence'
shall have the same meaning as when used in section 121.
``(e) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
part (other than under this section and subpart C
thereof, relating to refundable credits) and section
1397E.
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(f) Special Rules.--For purposes of this section--
``(1) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216(b)(2)) in a cooperative
housing corporation (as defined in section 216(b)(1)), such
individual shall be treated as having paid his tenant-
stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures paid or incurred for qualified
wind energy property by such corporation, and such credit shall
be allocated appropriately to such individual.
``(2) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which he owns, such
individual shall be treated as having paid his
proportionate share of expenditures paid or incurred
for qualified wind energy property by such association,
and such credit shall be allocated appropriately to
such individual.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of section 528(c)(2) with
respect to a condominium project of which substantially
all of the units are used by individuals as residences.
``(g) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section for any expenditure with respect to a
residence or other property, the basis of such residence or other
property shall be reduced by the amount of the credit so allowed.
``(h) Application of Credit.--The credit allowed under this section
shall apply to property placed in service or installed after December
31, 2001.''.
(b) Conforming Amendment.--Subsection (a) of section 1016 of such
Code (relating to general rule for adjustments to basis) is amended by
striking ``and'' at the end of paragraph (27), by striking the period
at the end of paragraph (28) and inserting ``, and'', and by adding at
the end the following new paragraph:
``(29) in the case of a residence or other property with
respect to which a credit was allowed under section 30B, to the
extent provided in section 30B(g).''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 30A the following new
item:
``Sec. 30B. Wind energy property.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service or installed after December 31,
2001, in taxable years ending after such date. | Home and Farm Wind Energy Systems Act of 2001 - Amends the Internal Revenue Code to allow a limited credit for amounts paid for qualified wind energy property from which at least 50 percent of the energy produced is consumed on site. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide credits for individuals and businesses for the installations of certain wind energy property."} | 1,319 | 48 | 0.575238 | 1.33193 | 0.852938 | 3.976744 | 27.418605 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``True American Heroes Act of 2003''.
TITLE I--MEDALS FOR RESPONDERS AND RESISTERS
SEC. 101. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO
RESPONDED TO THE ATTACKS ON THE WORLD TRADE CENTER AND
PERISHED.
(a) Presentation Authorized.--In recognition of the bravery and
self-sacrifice of officers, emergency workers, and other employees of
State and local government agencies, including the Port Authority of
New York and New Jersey, and of the United States Government and
others, who responded to the attacks on the World Trade Center in New
York City, and perished in the tragic events of September 11, 2001
(including those who are missing and presumed dead), the Speaker of the
House 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 for each such officer,
emergency worker, employee, or other individual to the next of kin or
other personal representative of each such officer, emergency worker,
employee, or other individual.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury shall strike gold
medals with suitable emblems, devices, and inscriptions to be
determined by the Secretary to be emblematic of the valor and heroism
of the men and women honored.
(c) Determination of Recipients.--The Secretary of the Treasury
shall determine the number of medals to be presented under this section
and the appropriate recipients of the medals after consulting with
appropriate representatives of Federal, State, and local officers and
agencies and the Port Authority of New York and New Jersey.
(d) Duplicative Gold Medals for Departments and Duty Stations.--
(1) In general.--The Secretary of the Treasury shall strike
duplicates in gold of the gold medals struck pursuant to
subsection (a) for presentation to each of the following, for
permanent display in the respective offices, houses, stations,
or places of employment:
(A) The Governor of the State of New York.
(B) The Mayor of the City of New York.
(C) The Commissioner of the New York Police
Department, the Commissioner of the New York Fire
Department, the head of emergency medical services for
the City of New York, and the Chairman of the Board of
Directors of the Port Authority of New York and New
Jersey.
(D) Each precinct house, fire house, emergency
response station, or other duty station or place of
employment to which each person referred to in
subsection (a) was assigned on September 11, 2001, for
display in each such place in a manner befitting the
memory of such persons.
(e) Duplicate Bronze Medals.--Under such regulations as the
Secretary may prescribe, the Secretary may strike and sell duplicates
in bronze of the gold medal struck under subsection (a) at a price
sufficient to cover the costs of the bronze medals (including labor,
materials, dies, use of machinery, and overhead expenses) and the cost
of the gold medal.
(f) Use of the United States Mint at West Point, New York.--It is
the sense of the Congress that the medals authorized under this section
should be struck at the United States Mint at West Point, New York, to
the greatest extent possible.
SEC. 102. CONGRESSIONAL GOLD MEDALS FOR PEOPLE ABOARD UNITED AIRLINES
FLIGHT 93 WHO HELPED RESIST THE HIJACKERS AND CAUSED THE
PLANE TO CRASH.
(a) Congressional Findings.--The Congress finds as follows:
(1) On September 11, 2001, United Airlines Flight 93,
piloted by Captain James Dahl, departed from Newark
International Airport at 8:01 a.m. on its scheduled route to
San Francisco, California, with 7 crew members and 38
passengers on board.
(2) Shortly after departure, United Airlines Flight 93 was
hijacked by terrorists.
(3) At 10:37 a.m. United Airlines Flight 93 crashed near
Shanksville, Pennsylvania.
(4) Evidence indicates that people aboard United Airlines
Flight 93 learned that other hijacked planes had been used to
attack the World Trade Center in New York City and resisted the
actions of the hijackers on board.
(5) The effort to resist the hijackers aboard United
Airlines Flight 93 appears to have caused the plane to crash
prematurely, potentially saving hundreds or thousands of lives
and preventing the destruction of the White House, the Capitol, or
another important symbol of freedom and democracy.
(6) The leaders of the resistance aboard United Airlines
Flight 93 demonstrated exceptional bravery, valor, and
patriotism, and are worthy of the appreciation of the people of
the United States.
(b) Presentation of Congressional Gold Medals Authorized.--In
recognition of heroic service to the Nation, the Speaker of the House
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 for each passenger or crew member on board
United Airlines Flight 93 who is identified by the Attorney General as
having aided in the effort to resist the hijackers on board the plane
to the next of kin or other personal representative of each such
individual.
(c) Design and Striking.--For the purpose of the presentation
referred to in subsection (b), the Secretary of the Treasury shall
strike gold medals of a single design with suitable emblems, devices,
and inscriptions, to be determined by the Secretary.
(d) Duplicate Medals.--Under such regulations as the Secretary of
the Treasury may prescribe, the Secretary may strike and sell
duplicates in bronze of the gold medals struck under subsection (b) at
a price sufficient to cover the cost of the bronze medals (including
labor, materials, dies, use of machinery, and overhead expenses) and
the cost of the gold medals.
SEC. 103. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO
RESPONDED TO THE ATTACKS ON THE PENTAGON AND PERISHED.
(a) Presentation Authorized.--In recognition of the bravery and
self-sacrifice of officers, emergency workers, and other employees of
the United States Government, who responded to the attacks on the
Pentagon Washington, D.C. and perished in the tragic events of
September 11, 2001 (including those who are missing and presumed dead)
the Speaker of the House 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 for each such
officer, emergency worker, or employee to the next of kin or other
personal representative of each such officer, emergency worker, or
employee.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury shall
strike gold medals of a single design with suitable emblems, devices,
and inscriptions, to be determined by the Secretary.
(c) Determination of Recipients.--The Secretary of the Treasury
shall determine the number of medals to be presented under this section
and the appropriate recipients of the medals after consulting with the
Secretary of Defense and any other appropriate representative of
Federal, State, and local officers and agencies.
SEC. 104. NATIONAL MEDALS.
The medals struck under this title are national medals for purposes
of chapter 51 of title 31, United States Code.
TITLE II--SPIRIT OF AMERICA COMMEMORATIVE COINS
SEC. 201. FINDINGS.
The Congress finds as follows:
(1) On September 11, 2001, the United States suffered the
worst act of terrorism in its history.
(2) The more than 6,000 people who lost their lives as a
result of the terrorist attacks that occurred in New York City,
at the Pentagon, and in Pennsylvania on September 11, 2001,
will not be forgotten.
(3) Hundreds of emergency personnel responded heroically to
the crisis and lost their lives as a result.
(4) People from everywhere in the United States responded
to the crisis with an outpouring of support for the victims of
the terrorist attacks and their families.
(5) The civilized world stands with strength and fortitude
in opposition to the cowardly terrorist attacks against the
United States that occurred on September 11, 2001.
(6) It is essential to remember not only the tragedy of the
attacks, but also the strength and resolve demonstrated by the
people of the United States in the aftermath of the attacks.
(7) The minting of coins in commemoration of the Spirit of
America will pay tribute to the countless heroes who risked
their lives during the terrorist attacks and in their aftermath
so that others may live and to a united people whose belief in
freedom, justice, and democracy has never swayed.
SEC. 202. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the Spirit of America, the
Secretary of the Treasury (hereafter in this title referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $50 gold coins.--Such number of 50 dollar coins as the
Secretary determines under subsection (b), which shall--
(A) weigh 1 ounce;
(B) have a diameter of 1.287 inches; and
(C) contain 91.67 percent gold and 8.33 percent
alloy.
(2) $1 silver coins.--Such number of 1 dollar coins as the
Secretary determines appropriate to meet demand, which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Such number of half dollar
coins as the Secretary determines appropriate to meet demand,
which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Number of Gold Coins.--
(1) In general.--The number of gold coins minted and issued
under this title shall equal the sum of 25,000 and the number
determined under paragraph (2).
(2) Determination of number.--The Secretary, in
consultation with the Attorney General of the United States and
the Governors of New York, Pennsylvania, and Virginia shall
determine the number of innocent individuals confirmed or
presumed to have been killed as a result of the terrorist
attacks against the United States that occurred on September
11, 2001, and shall identify such individuals. The Secretary,
under subsection (a)(1), shall mint and issue a number of 50
dollar coins equal to the number of such individuals.
(c) Legal Tender.--The coins minted under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this title shall be
considered to be numismatic items.
(e) Sources of Bullion.--For the purpose of minting coins under
this title, the Secretary may only use metals that are from natural
deposits in the United States or any territory or possession of the
United States.
(f) Special Treatment Under Exigent Circumstances.--
(1) Findings.--The Congress finds as follows:
(A) The limitations contained in paragraphs (1) and
(2)(A) of section 5112(m) of title 31, United States
Code, and section 5134(f)(1)(B) of such title have well
served, and continue to serve, their purpose of
bringing greater stability to the markets for
commemorative coins, maximizing demand and
participation in such programs, and ensuring that such
programs have a broad base of private support and are
not used as the primary means of fundraising by
organizations that are the recipients of surcharges.
(B) The shocking circumstances of September 11,
2001, the broad base of public interest in showing the
Spirit of America and participating in the raising of
funds for the victims of the crimes committed on that
date, and the importance of implementing this coin
program as quickly as possible, notwithstanding the
limitations contained in such paragraphs, justify
exempting the coins produced under this title from such
limitations.
(2) Exemption.--Paragraphs (1) and (2) of section 5112(m)
of title 31, United States Code, and section 5134(f)(1)(B) of
such title shall not apply to coins authorized under this
title.
SEC. 203. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this title
shall be emblematic of the tragic events that occurred at the Pentagon,
in New York City, and in Pennsylvania, on September 11, 2001.
(b) Designation and Inscriptions.--On each coin minted under this
title there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the date ``September 11, 2001'' (and
such coin shall bear no other date); and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this title
shall be selected--
(1) by the Secretary after consultation with the Commission
of Fine Arts; and
(2) reviewed by the citizens advisory committee established
under section 5135 of title 31, United States Code.
SEC. 204. STRIKING AND ISSUANCE OF COINS.
(a) Quality of Coins.--
(1) In general.--Except as provided under paragraph (2),
coins minted under this title shall be issued in uncirculated
quality.
(2) Gold coins.--50 dollar coins minted under section
202(a)(1) shall be issued only in proof quality.
(b) Mint Facility.--
(1) In general.--Except as provided under paragraph (2),
only 1 facility of the United States Mint may be used to strike
any particular quality of the coins minted under this title.
(2) Clad coins.--Any number of facilities of the United
States Mint may be used to strike the half dollar coins minted
under section 202(a)(3).
(c) Period for Issuance.--The Secretary--
(1) shall commence issuing coins minted under this title as
soon as possible after the date of the enactment of this Act;
and
(2) shall not issue any coins after the end of the 1-year
period beginning on the date such coins are first issued.
SEC. 205. SALE OF COINS.
(a) Sale Price.--The coins issued under section 202(a) (other than
the 50 dollar gold coins referred to in subsection (d)) shall be sold
by the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharges required by section 206(a) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under section 202(a) at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders
received before the issuance of the coins minted under section 202(a).
The sale prices with respect to such prepaid orders shall be at a
reasonable discount.
(d) Gold Coins.--Notwithstanding section 204(c)(2), the Secretary
shall issue a 50 dollar coin minted under section 202(a)(1) for
presentation free of charge to the next of kin or personal
representative of each individual identified under section 202(b). The
Speaker of the House of Representatives and the President Pro Tempore
of the Senate shall make appropriate arrangements for the presentation,
on behalf of the Congress, of such gold coins.
SEC. 206. SURCHARGES ON SALE OF COINS.
(a) Assessment.--Any sale by the Secretary of a coin minted under
this title shall include a surcharge of an amount determined by the
Secretary to be sufficient to cover the cost of the gold coins minted
under section 202(a)(1) (including labor, materials, dies, use of
machinery, overhead expenses, and shipping) for presentment in
accordance with section 205(d), which charge may not be less than--
(1) $100 per coin for the 50 dollar gold coins;
(2) $10 per coin for the 1 dollar coin; and
(3) $5 per coin for the half dollar coin.
(b) Distribution of Excess Proceeds.--Any proceeds from the
surcharges received by the Secretary from the sale of coins issued
under this title in excess of the cost of producing all coins issued
under this title (including coins issued for individuals identified
pursuant to section 202(b)(2)) shall be--
(1) used to cover the costs incurred in the production of
gold medals under title I that have not been recovered from the
sale of duplicate bronze medals under such title; and
(2) with respect to any amount remaining after the costs
described in paragraph (1) are covered, transferred to any fund
for victims of the tragedies of September 11, 2001, that the
Secretary of the Treasury and the Attorney General jointly
determine to be appropriate.
Passed the House of Representatives September 11, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | True American Heroes Act of 2003 - Title I: Medals for Responders and Resisters - Directs the Speaker of the House and the President pro tempore of the Senate to make arrangements for the posthumous award of congressional gold medals to: (1) the emergency workers, government employees, and others who responded to the attacks on the World Trade Center in New York City and perished in the tragic events of September 11, 2001; (2) each passenger and crew member on board United Airlines Flight 93 who is identified by the Attorney General as having helped resist the hijackers before the crash; and (3) officers, emergency workers, and other Federal employees who responded to the attacks on the Pentagon and perished that day. Requires the Secretary of the Treasury to strike such medals and to strike gold duplicates of the first medal for presentation to the Governor of New York, the Mayor of New York City, and other specified police, fire, medical, and Port Authority officials and stations in New York and New Jersey. Authorizes the Secretary to strike and sell duplicate bronze medals.
Title II: Spirit of America Commemorative Coins - Directs the Secretary to mint and issue $50-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001. Sets forth surcharges for the coins minted under this title (not less than $100 per $50 coin, ten dollars per dollar coin, and five dollars per half-dollar coin), with the proceeds in excess of the cost of producing the gold coins to be used to cover the costs of producing the gold medals under title I not recovered from the sale of duplicate bronze medals, with any amount remaining to be transferred to a victims fund determined to be appropriate. | {"src": "billsum_train", "title": "To posthumously award congressional gold medals to government workers and others who responded to the attacks on the World Trade Center and the Pentagon and perished and to people aboard United Airlines Flight 93 who helped resist the hijackers and caused the plane to crash, to require the Secretary of the Treasury to mint coins in commemoration of the Spirit of America, recognizing the tragic events of September 11, 2001, and for other purposes."} | 3,886 | 388 | 0.724466 | 2.416169 | 0.726462 | 4.89415 | 9.832869 | 0.955432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Rafael Western Legacy District
and National Conservation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the San Rafael National Conservation Area established by
section 201.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Western legacy district.--The term ``Western Legacy
District'' means the San Rafael Western Legacy District
established by section 101.
TITLE I--SAN RAFAEL WESTERN LEGACY DISTRICT
SEC. 101. ESTABLISHMENT OF THE SAN RAFAEL WESTERN LEGACY DISTRICT.
(a) In General.--In order to promote the preservation,
conservation, interpretation, scientific research, and development of
the historical, cultural, natural, recreational, archeological,
paleontological, environmental, biological, educational, wilderness,
and scenic resources of the San Rafael region of the State of Utah, as
well as the economic viability of rural communities in the region,
there is hereby established the San Rafael Western Legacy District, to
include the San Rafael National Conservation Area established by
section 201.
(b) Areas Included.--The Western Legacy District shall consist of
approximately 2,842,800 acres of land in the County of Emery, Utah, as
generally depicted on the map entitled ``San Rafael Western Legacy
District and National Conservation Area'' and dated ______________.
(c) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall submit to the
Congress a map and legal description of the Western Legacy District.
The map and legal description shall have the same force and effect as
if included in this Act, except the Secretary may correct clerical and
typographical errors in such map and legal description. Copies of the
map and legal description shall be on file and available for public
inspection in the Office of the Director of the Bureau of Land
Management, and in the appropriate office of the Bureau of the Land
Management in Utah.
(d) Legacy Council.--
(1) In general.--The Secretary shall establish a Legacy
Council to advise the Secretary with respect to the Western
Legacy District. The Legacy Council may furnish advice and
recommendations to the Secretary with respect to management,
grants, projects, and technical assistance.
(2) Membership.--The Legacy Council shall consist of not
more than 10 members appointed by the Secretary. Two members
shall be appointed from among the recommendations submitted by
the Governor of Utah and 2 members shall be appointed from
among the recommendations submitted by the Emery County
Commissioners. The remaining members shall be persons
recognized as experts in conservation of the historical,
cultural, natural, recreational, archeological, environmental,
biological, educational, and scenic resources or other
disciplines directly related to the purposes for which the
Western Legacy District is established.
(3) Relationship to other law.--The establishment and
operation of the Legacy Council established under this section
shall conform to the requirement of the Federal Advisory
Committee Act (5 U.S.C. App.) and the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(e) Assistance.--
(1) In general.--The Secretary may make grants and provide
technical assistance to accomplish the purposes of this section
to any nonprofit or unit of government with authority in the
boundaries of the Western Legacy District.
(2) Permitted uses.--Grants and technical assistance made
under this section may be used for planning, reports, studies,
interpretive exhibits, historic preservation projects,
construction of cultural, recreational, educational, and
interpretive facilities that are open to the public, and such
other expenditures as are consistent with this Act.
(3) Planning.--Up to $100,000 of amounts available to carry
out this section each fiscal year, up to a total amount not to
exceed $200,000, may be provided under this subsection only to
a unit of government or a political subdivision of the State of
Utah for use for planning activities.
(4) Matching funds.--Federal funding provided under this
section may not exceed 50 percent of the total cost of the
activity carried out with such funding, except that non-Federal
matching funds are not required with respect to--
(A) planning activities carried out with assistance
under paragraph (3); and
(B) use of assistance under this section for
facilities located on public lands and that are owned
by the Federal Government.
(5) Authorization of appropriations.--There are authorized
to be appropriated under this section not more than $1,000,000
annually for any fiscal year, not to exceed a total of
$10,000,000.
SEC. 102. MANAGEMENT AND USE OF THE SAN RAFAEL WESTERN LEGACY DISTRICT.
(a) In General.--The Secretary, through the Bureau of Land
Management and subject to all valid existing rights, shall administer
the public lands within the Western Legacy District pursuant to this
Act and the applicable provisions of the Federal Land Policy and
Management Act (43 U.S.C. 1701 et seq.). The Secretary shall allow such
uses of the public land as the Secretary determines will further the
purposes for which the Western Legacy District was established.
(b) Fish and Wildlife.--Nothing in this Act shall be construed as
affecting the jurisdiction or responsibilities of the State of Utah
with respect to fish and wildlife within the Western Legacy District.
(c) Private Lands.--Nothing in this Act shall be construed as
affecting private property rights within the Western Legacy District.
(d) Public Lands.--Nothing in this Act shall be construed as in any
way diminishing the Secretary's or the Bureau of Land Management's
authorities, rights, or responsibilities for managing the public lands
within the Western Legacy District.
TITLE II--SAN RAFAEL NATIONAL CONSERVATION AREA
SEC. 201. DESIGNATION OF THE SAN RAFAEL NATIONAL CONSERVATION AREA.
(a) Purposes.--In order to conserve, protect, and enhance for the
benefit and enjoyment of present and future generations the unique and
nationally important values of the Western Legacy District and the
public lands described in subsection (b), including historical,
cultural, natural, recreational, scientific, archeological,
paleontological, environmental, biological, wilderness, wildlife,
educational, and scenic resources, there is hereby established the San
Rafael National Conservation Area in the State of Utah.
(b) Areas Included.--The Conservation Area shall consist of
approximately 947,000 acres of public lands in the County of Emery,
Utah, as generally depicted on the map entitled ``San Rafael Western
Legacy District and National Conservation Area'' and dated ________.
Notwithstanding any depiction on such map, the boundary of the
Conservation Area shall be set back 300 feet from the edge of the
Interstate 70 right-of-way and 300 feet from the edge of the State
Route 24 right-of-way.
(c) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall submit to the
Congress a map and legal description of the Conservation Area. The map
and legal description shall have the same force and effect as if
included in this Act, except the Secretary may correct clerical and
typographical errors in such map and legal description. Copies of the
map and legal description shall be on file and available for public
inspection in the Office of the Director of the Bureau of Land
Management and in the appropriate office of the Bureau of Land
Management in Utah.
SEC. 202. MANAGEMENT OF THE SAN RAFAEL NATIONAL CONSERVATION AREA.
(a) Management.--The Secretary, acting through the Bureau of Land
Management, shall manage the Conservation Area in a manner that
conserves, protects, and enhances its resources and values, including
those resources and values specified in section 201(a), and pursuant to
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), and other applicable provisions of law, including this Act.
(b) Uses.--The Secretary shall allow only such uses of the
Conservation Area as the Secretary finds will further the purposes for
which the Conservation Area is established.
(c) Vehicular Uses.--
(1) In general.--Except where needed for administrative
purposes or to respond to an emergency, and subject to
paragraph (2), use of motorized vehicles in the Conservation
Area shall be--
(A) prohibited at all times in areas where roads
and trails did not exist as of February 2, 2000;
(B) limited to roads and trails that--
(i) existed as of February 2, 2000; and
(ii) are designated for motorized vehicle
use as part of the management plan prepared
pursuant to subsection (f); and
(C) managed consistent with section 8340 of title
43, Code of Federal Regulations (relating to
designating public lands as open, limited, or closed to
the use of off-road vehicles and establishing controls
governing the use and operation of off-road vehicles in
such areas).
(2) Limitation on application.--(A) Subparagraphs (A) and
(B) of paragraph (1) do not limit the provision of reasonable
access to private lands or State lands within the Conservation
Area.
(B) Any access to private lands or State lands pursuant to
subparagraph (A) of this paragraph shall be restricted to
exclusive use by, respectively, the owner of the private lands
or the State.
(d) Withdrawals.--
(1) In general.--Subject to valid existing rights and
except as provided in paragraph (2), all Federal lands within
the Conservation Area and all lands and interests therein that
are hereafter acquired by the United States are hereby
withdrawn from all forms of entry, appropriation, or disposal
under the public land laws and from location, entry, and patent
under the mining laws, and from operation of the mineral
leasing and geothermal leasing laws and all amendments thereto.
Nothing in this paragraph shall be construed to effect
discretionary authority of the Secretary under other Federal
laws to grant, issue, or renew rights-of-way or other land use
authorizations consistent with the other provisions of this
Act.
(2) Communication facilities.--The Secretary may authorize
the installation of communications facilities within the
Conservation Area, but only to the extent that they are
necessary for public safety purposes. Such facilities must have
a minimal impact on the resources of the Conservation Area and
must be consistent with the management plan established under
subsection (f).
(e) Hunting, Trapping, and Fishing.--Hunting, trapping, and fishing
shall be permitted within the Conservation Area in accordance with
applicable laws and regulations of the United States and the State of
Utah, except that the Utah Division of Wildlife Resources, or the
Secretary after consultation with the Utah Division of Wildlife
Resources, may issue regulations designating zones where and
establishing periods when no hunting, trapping, or fishing shall be
permitted for reasons of public safety, administration, or public use
and enjoyment.
(f) Management Plan.--Within 4 years after the date of enactment of
this Act, the Secretary shall develop a comprehensive plan for the
long-range protection and management of the Conservation Area. The plan
shall describe the appropriate uses and management of the Conservation
Area consistent with the provisions of this Act. The plan shall
include, as an integral part, a comprehensive transportation plan for
the lands within the Conservation Area. In preparing the transportation
plan the Secretary shall conduct a complete review of all roads and
trails within the Conservation Area. The plan may incorporate
appropriate decisions contained in any current management or activity
plan for the area and may use information developed in previous studies
of the lands within or adjacent to the Conservation Area.
(g) State Trust Lands.--The State of Utah and the Secretary may
agree to exchange Federal lands, Federal mineral interests, or payment
of money for lands and mineral interests of approximately equal value
that are managed by the Utah School and Institutional Trust Lands
Administration and inheld within the boundaries of the Conservation
Area.
(h) Access.--The Bureau of Land Management, the State of Utah, and
Emery County may agree to resolve section 2477 of the Revised Statutes
and other access issues within the Conservation Area.
(i) Wildlife Management.--Nothing in this Act shall be deemed to
diminish the responsibility and authority of the State of Utah for
management of fish and wildlife within the Conservation Area.
(j) Grazing.--Where the Secretary of the Interior currently permits
grazing, such grazing shall be allowed subject to all applicable laws,
regulations, and executive orders.
(k) No Buffer Zones.--The Congress does not intend for the
establishment of the Conservation Area to lead to the creation of
protective perimeters or buffer zones around the Conservation Area. The
fact that there may be activities or uses on lands outside the
Conservation Area that would not be permitted in the Conservation Area
shall not preclude such activities or uses on such lands up to the
boundary of the Conservation Area consistent with other applicable
laws.
(l) Water Rights.--Because the available water resources in the
drainage basins included in part within the exterior boundaries of the
Conservation Area have already been appropriated--
(1) nothing in this Act, the management plan required by
subsection (f), or any action taken pursuant thereto, shall
constitute either an express or implied reservation of surface
or ground water;
(2) nothing in this Act affects any valid existing water
rights in existence before the date of enactment of this Act,
including any water rights held by the United States; and
(3) if the United States determines that additional water
resources are needed for the purposes of this Act, the United
States shall work, with or through any agency that is eligible
to hold instream flow water rights, to acquire such rights in
accordance with Utah State water law.
(m) Wilderness Acts.--Nothing in this Act alters the provisions of
the Wilderness Act of 1964 (16 U.S.C. 1131) or the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.) as they pertain to
wilderness resources within the Conservation Area. Recognizing that the
designation of wilderness areas requires an Act of Congress, the Bureau
of Land Management, the State of Utah, Emery County, and affected
stakeholders may work toward resolving various wilderness issues within
the Conservation Area.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this title such sums as may be necessary. | Authorizes the Secretary to make grants (of up to 50 percent of the total cost of an SRWLD activity) and provide technical assistance to any nonprofit organization or government unit with authority in the SRWLD's boundaries. Authorizes appropriations.
Title II: San Rafael National Conservation Area
- Establishes the San Rafael National Conservation Area in Utah. Requires the Secretary to develop a comprehensive management plan.
Prohibits the use of motorized vehicles in the Conservation Area (except for reasonable access to private or State lands) at all times in areas where roads and trails did not exist as of February 2, 2000. Limits the use of such vehicles to designated roads and trails existing before such date.
Requires the United States to acquire any additional water resources needed for purposes of this Act only in accordance with Utah State water law.
Authorizes appropriations. | {"src": "billsum_train", "title": "San Rafael Western Legacy District and National Conservation Act"} | 3,209 | 190 | 0.470401 | 1.398923 | 0.671148 | 3.459627 | 18.372671 | 0.937888 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Voice Campaign Finance Reform
Act of 1997''.
SEC. 2. PROMOTING DISCLOSURE OF CAMPAIGN SPENDING.
(a) Requiring Intermediaries and Conduits To Report on Bundled
Contributions.--Section 315(a)(8) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(a)(8)) is amended--
(1) by striking ``(8)'' and inserting ``(8)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) Any person acting as an intermediary or conduit for the
collection or delivery of contributions on behalf of a candidate shall
file reports with the Commission (at the same time and in the same
manner as a political committee which is not an authorized committee of
a candidate is required to file reports under section 304(a)(4)) on the
contributions collected or delivered and on related activities
conducted on the candidate's behalf.''.
(b) Treatment of Certain Communications as Independent Expenditures
for Reporting Purposes.--Section 301(17) of such Act (2 U.S.C. 431(17))
is amended by striking ``identified candidate'' and inserting the
following: ``identified candidate, or any payment for any communication
made during the 90-day period ending on the date of an election which
includes the name or likeness of a candidate,''.
(c) Mandatory Electronic Filing for Persons Meeting Certain
Threshold.--Section 304(a)(11)(A) of such Act (2 U.S.C. 434(a)(11)(A))
is amended by striking the period at the end and inserting the
following: ``, except that in the case of any person reporting an
amount of contributions, expenditures, or disbursements in an amount
exceeding a threshold established by the Commission, the person shall
file all reports required under this Act by such electronic means,
format, or method.''.
SEC. 3. ENHANCING ENFORCEMENT ABILITIES OF FEDERAL ELECTION COMMISSION.
(a) Permitting FEC To Impose Filing Fee for Reports.--Section 307
of the Federal Election Campaign Act of 1971 (2 U.S.C. 437d) is amended
by adding at the end the following new subsection:
``(f)(1) The Commission shall require each political committee
filing a report under this title to include with the report a payment
(in an amount established by the Commission) if the amount of
contributions, expenditures, or disbursements covered by the report
exceeds a threshold established by the Commission.
``(2) In establishing the amount of payment required to be included
with a report under paragraph (1), the Commission shall take into
account the costs to the Commission which are associated with the
submission of reports under this title.
``(3) The Commission may waive the application of paragraph (1)
with respect to a political committee if the Commission determines that
the payment required would result in a financial hardship to the
committee.
``(4) The Commission may charge a nominal fee for the distribution
of documents to the public.
``(5) The amount appropriated to the Commission for a fiscal year
pursuant to the authorization under section 314 may not be adjusted to
take into account any amounts anticipated to be received by the
Commission during the year pursuant to this subsection.''.
(b) Revised Standard for Referral of Certain Violations to Attorney
General.--Section 309(a)(5)(C) of such Act (2 U.S.C. 437g(a)(5)(C)) is
amended by striking ``by an affirmative vote of 4 of its members,
determined that there is probable cause to believe'' and inserting
``believes''.
(c) Permitting Random Audits.--Section 311(b) of such Act (2 U.S.C.
438(b)) is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1), the Commission shall conduct
random audits of the reports of political committees during the 1-year
period which begins on the date of a general election, in accordance
with such criteria as the Commission may establish.''.
SEC. 4. REDUCED BROADCAST RATES FOR CANDIDATES.
(a) In General.--Section 315(b)(1) of the Communications Act of
1934 (47 U.S.C. 315(b)(1)) is amended by striking ``the lowest unit
charge'' and inserting ``the applicable percentage of the lowest unit
charge''.
(b) Applicable Percentage Defined.--Section 315(c) of such Act (47
U.S.C. 315(c)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the term `applicable percentage' means--
``(A) 70 percent, in the case of a small broadcast
station (as determined by the Commission in accordance
with ratings, market area analysis, and such other
criteria as the Commission may establish), or
``(B) 50 percent, in the case of any other
candidate and any other broadcast station.''.
SEC. 5. RESTRICTIONS ON USE OF NON-FEDERAL FUNDS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``restrictions on use of non-federal funds
``Sec. 323. (a) In General.--Except as provided in subsection (b),
no funds which are not subject to the limitations and prohibitions of
this Act may be expended or disbursed by any person for any activity
which significantly affects an election for Federal office or which
promotes or identifies (in whole or in part) any candidate for election
for Federal office, including any get-out-the-vote drive which
identifies or targets supporters of a candidate for election for
Federal office, or any voter registration drive or development or
maintenance of voter files which occurs during an even-numbered year.
``(b) Exceptions.--Subsection (a) shall not apply with respect to
any of the following activities:
``(1) The construction, maintenance, or operation of
buildings or broadcast facilities for political parties.
``(2) State or local political party conventions.
``(3) State or local political party administration.
``(4) Generic campaign activity to promote a political
party.
``(5) Any activity which would be described in clause (i),
(iii), or (v) of section 301(9)(B) if payment for the activity
were an expenditure under such section.''.
SEC. 6. APPOINTMENT AND SERVICE OF MEMBERS OF FEDERAL ELECTION
COMMISSION.
(a) Appointment of Additional, Independent Commissioner.--
(1) In general.--Section 306(a)(1) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437c(a)(1)) is amended--
(A) by striking ``(a)(1)'' and inserting
``(a)(1)(A)'';
(B) in the first sentence, by striking ``6 members
appointed by the President,'' and inserting the
following: ``7 members appointed by the President, of
whom one shall be a political independent nominated for
appointment by the other members serving on the
Commission,''; and
(C) by adding at the end the following new
subparagraph:
``(B) In subparagraph (A), the term `political independent' means
an individual who at no time after January 1992--
``(i) has held elective office as a member of the
Democratic or Republican party;
``(ii) has received any wages or salary from the Democratic
or Republican party or from a Democratic or Republican party
office-holder or candidate; or
``(iii) has provided substantial volunteer services or made
any substantial contribution to the Democratic or Republican
party or to a Democratic or Republican party office-holder or
candidate.''.
(2) Deadline for initial appointment.--The members of the
Federal Election Commission shall provide the President with a
nominee for appointment to the Commission under section
306(a)(1)(A) of the Federal Election Campaign Act of 1971 (as
amended by paragraph (1)) not later than 90 days after the date
of the enactment of this Act.
(b) Limiting Commissioners to Single Term.--Section 306(a)(2)(A) of
such Act (2 U.S.C. 437c(a)(2)(A)) is amended by striking ``terms'' and
inserting ``a single term''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring after January 1999. | Public Voice Campaign Finance Reform Act of 1997 - Amends the Federal Election Campaign Act of 1971 (FECA) to provide for: (1) intermediaries and conduits to report on bundled contributions in the same time and manner as a political committee which is not an authorized committee of the candidate; (2) certain communications to be treated as independent expenditures; and (3) mandatory electronic filing for persons reporting contributions, expenditures, or disbursements in an amount exceeding a threshold established by the Federal Election Commission.
(Sec. 3) Directs the Commission to require each political committee filing a report to include with the report a filing fee when the amount of contributions, expenditures, or disbursements covered by the report exceeds a threshold established by the Commission.
Revises the standard for referral of certain violations to the Attorney General.
Requires the Commission to conduct random audits of the reports of political committees.
(Sec. 4) Amends the Communications Act of 1934 to provide for reduced broadcast media rates for candidates.
(Sec. 5) Amends FECA to set forth restrictions on the use of non-Federal funds.
(Sec. 6) Revises requirements for the composition of the Commission and terms of Commissioners and replaces them with new requirements, including one that Commissioners serve no more than a single term. | {"src": "billsum_train", "title": "Public Voice Campaign Finance Reform Act of 1997"} | 2,102 | 294 | 0.633347 | 1.811612 | 0.754769 | 4.264822 | 7.055336 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FERS Federal Deposit Insurance
Corporation Buyback Act of 2000''.
SEC. 2. CREDITABILITY OF SERVICE.
(a) In General.--Section 8411(b) of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) subject to subsection (j), service as a temporary or
intermittent employee for the Federal Deposit Insurance
Corporation not otherwise creditable for purposes of this
chapter, performed after December 31, 1988, and before June 30,
2000, of at least 1 year's duration (whether performed over a
continuous period or otherwise), but only if the individual
performing such service later becomes subject to this chapter,
and such service is not credited for purposes of any benefit
under any other retirement system established by a law of the
United States (disregarding the Social Security Act and chapter
83 of this title).''.
(b) Deposit Requirement.--Section 8411 of title 5, United States
Code, is amended by adding at the end the following:
``(j)(1) An employee or Member shall, with respect to any service
described in subsection (b)(6) performed by such employee or Member, be
required to deposit to the credit of the Fund an amount equal to 1.3
percent of basic pay for such service.
``(2) Any deposit under paragraph (1) made more than 5 years after
the later of--
``(A) October 1, 2000, or
``(B) the date on which the employee or Member making the
deposit first becomes an employee or Member following the
period of temporary or intermittent service for which such
deposit is due,
shall include interest on such amount, computed in the manner described
in subsection (f)(3) and compounded annually beginning on the date of
the expiration of the 5-year period.
``(3) If the deposit under paragraph (1) is not made or if less
than the entire amount of such deposit is made--
``(A) service of the employee or Member described in
subsection (b)(6) shall be fully creditable; but
``(B) any annuity under this chapter based on the service
of such employee or Member shall be reduced in a manner similar
to that described in section 8418(b).''.
SEC. 3. PROVISIONS RELATING TO PERSONS WHO HAVE SEPARATED.
(a) In General.--The Office of Personnel Management shall prescribe
regulations under which credit for service, as described in section
8411(b)(6) of title 5, United States Code, as added by this Act, which
was performed by an individual who has separated from Government
service may be obtained.
(b) Requirements.--Under the regulations, credit shall not be given
under this section unless appropriate written application is submitted,
not later than December 31, 2001, in such form and manner as the
regulations require.
(c) Recomputation of Annuity.--
(1) In general.--Any annuity or survivor annuity payable as
of when an application under this subsection is submitted shall
be recomputed to take into account any service described in
section 8411(b)(6) of title 5, United States Code (performed by
the individual on whose service the annuity is based),
effective with respect to amounts accruing for months beginning
more than 30 days after the date on which such application is
submitted.
(2) Condition.--If the full amount of the deposit required
under section 8411(j) of such title 5 is not timely made
(before such deadline as the Office shall by regulation
prescribe) with respect to any service as to which the
application under paragraph (1) relates, an appropriate
reduction shall be made in the recomputed annuity in accordance
with paragraph (3) of such section 8411(j). Interest shall not
be included as part of any deposit under this subsection.
SEC. 4. NOTIFICATION AND OTHER DUTIES OF THE OFFICE OF PERSONNEL
MANAGEMENT.
(a) Notice.--The Office of Personnel Management shall take such
action as may be necessary and appropriate to inform individuals of any
rights they might have as a result of the enactment of this Act.
(b) Assistance.--The Office shall, on request, assist any
individual in obtaining from the Federal Deposit Insurance Corporation
any information in the possession of such corporation which may be
necessary to verify the entitlement of such individual to have any
service credited under section 8411(b)(6) of title 5, United States
Code, as added by this Act, or to have an annuity recomputed under
section 3(c).
(c) Information.--At the request of the Office, the Federal Deposit
Insurance Corporation shall provide any information with respect to an
individual's performance of any service described in such section
8411(b)(6) to the Office. | Provides that an employee or member, with respect to any such service, be required to deposit to the credit of the Civil Service Retirement and Disability Fund an amount equal to 1.3 percent of basic pay for such service. Requires any deposit made more than five years after the later of: (1) October 1, 2000; or (2) the date on which the employee or member making the deposit first becomes an employee or member following the period of temporary or intermittent service for which such deposit is due, to include interest on such amount, computed in the manner required under CSRS and compounded annually beginning on the date of the expiration of such five-year period. Requires, if the deposit is not made or if less than the entire amount of such deposit is made: (1) the employee or member's service shall be fully creditable; but (2) any annuity under FERS based on such employee or member's service shall be reduced in a manner similar to that required for deposits with respect to certain survivor elections for reduced annuities.
Directs the Office of Personnel Management to prescribe regulations under which credit for such service which was performed by an individual who has separated from Government service may be obtained. (Requires credit to not be given unless a written application is submitted, not later than December 31, 2001, in such form and manner as the regulations require.) Requires any annuity or survivor annuity payable as of when an application is submitted to be recomputed to take into account any such service (performed by the individual on whose service the annuity is based) effective with respect to amounts accruing for months beginning more than 30 days after the date on which such application is submitted. Requires that, if the full amount of the deposit is not timely made (before such deadline as the Office shall by regulation prescribe) with respect to any service as to which the application relates, a reduction shall be made in the recomputed annuity. Provides for interest to not be included as part of any deposit. | {"src": "billsum_train", "title": "FERS Federal Deposit Insurance Corporation Buyback Act of 2000"} | 1,105 | 446 | 0.654612 | 2.125605 | 0.879804 | 5.928021 | 2.62982 | 0.956298 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal and State Partnership for
Environmental Protection Act of 2013''.
SEC. 2. CONSULTATION WITH STATES.
(a) Removal.--Section 104(a)(2) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(a)(2)) is amended by striking ``Any removal action undertaken by
the President under this subsection (or by any other person referred to
in section 122) should'' and inserting ``In undertaking a removal
action under this subsection, the President (or any other person
undertaking a removal action pursuant to section 122) shall consult
with the affected State or States. Such removal action should''.
(b) Remedial Action.--Section 104(c)(2) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(c)(2)) is amended by striking ``before determining any
appropriate remedial action'' and inserting ``during the process of
selecting, and in selecting, any appropriate remedial action''.
(c) Selection of Remedial Action.--Section 104(c)(4) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604(c)(4)) is amended by striking ``shall select
remedial actions'' and inserting ``shall, in consultation with the
affected State or States, select remedial actions''.
(d) Consultation With State and Local Officials.--Section 120(f) of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9620(f)) is amended--
(1) by striking ``shall afford to'' and inserting ``shall
consult with'';
(2) by inserting ``and shall provide such State and local
officials'' before ``the opportunity to participate in''; and
(3) by adding at the end the following: ``If State or local
officials make a determination not to participate in the
planning and selection of the remedial action, such
determination shall be documented in the administrative record
regarding the selection of the response action.''.
SEC. 3. STATE CREDIT FOR OTHER CONTRIBUTIONS.
Section 104(c)(5) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(5)) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``removal at such facility, or
for'' before ``remedial action''; and
(B) by striking ``non-Federal funds.'' and
inserting ``non-Federal funds, including oversight
costs and in-kind expenditures. For purposes of this
paragraph, in-kind expenditures shall include
expenditures for, or contributions of, real property,
equipment, goods, and services, valued at a fair market
value, that are provided for the removal or remedial
action at the facility, and amounts derived from
materials recycled, recovered, or reclaimed from the
facility, valued at a fair market value, that are used
to fund or offset all or a portion of the cost of the
removal or remedial action.''; and
(2) in subparagraph (B), by inserting ``removal or'' after
``under this paragraph shall include expenses for''.
SEC. 4. STATE CONCURRENCE WITH LISTING ON THE NATIONAL PRIORITIES LIST.
(a) Basis for Recommendation.--Section 105(a)(8)(B) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9605(a)(8)(B)) is amended--
(1) by inserting ``Not later than 90 days after any
revision of the national list, with respect to a priority not
included on the revised national list, upon request of the
State that submitted the priority for consideration under this
subparagraph, the President shall provide to such State, in
writing, the basis for not including such priority on such
revised national list. The President may not add a facility to
the national list over the written objection of the State,
unless (i) the State, as an owner or operator or a significant
contributor of hazardous substances to the facility, is a
potentially responsible party, (ii) the President determines
that the contamination has migrated across a State boundary,
resulting in the need for response actions in multiple States,
or (iii) the criteria under the national contingency plan for
issuance of a health advisory have been met.'' after ``the
President shall consider any priorities established by the
States.''; and
(2) by striking ``To the extent practicable, the highest
priority facilities shall be designated individually and shall
be referred to as'' and all that follows through the semicolon
at the end, and inserting ``Not more frequently than once every
5 years, a State may designate a facility that meets the
criteria set forth in subparagraph (A) of this paragraph, which
shall be included on the national list;''.
(b) State Involvement.--Section 121(f)(1)(C) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(f)(1)(C)) is amended by striking ``deleting sites from''
and inserting ``adding sites to, and deleting sites from,''.
SEC. 5. STATE ENVIRONMENTAL COVENANT LAW.
Section 121(d)(2)(A)(ii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(ii)) is amended by striking ``State environmental or
facility siting law'' and inserting ``State environmental, facility
siting, or environmental covenant law, or under a State law or
regulation requiring the use of engineering controls or land use
controls,''. | Federal and State Partnership for Environmental Protection Act of 2013 - (Sec. 2) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to consult with affected states: (1) in undertaking a removal action concerning hazardous substances, pollutants, and contaminants (substances); and (2) during (currently, before) the process of selecting any appropriate remedial action. Requires the Administrator of the Environmental Protection Agency (EPA) and each federal entity responsible for federal facility compliance to consult with state and local officials and provide them the opportunity to participate in the planning and selection of a remedial action with respect to such a facility. Requires a determination made by state or local officials to not participate in such action to be documented in the administrative record regarding the action. (Sec. 3) Requires the President to grant states credit for the share of costs with respect to a facility listed on the National Priorities List under the National Contingency Plan for amounts expended for removal at such facility of such substances in addition to the credits currently given for remedial actions. Authorizes credit to be given for oversight costs and in-kind expenditures. (Sec. 4) Requires the President, upon the request of a state, to provide to such state the basis for not including a priority among releases of such substances on the revised national list. Prohibits the President from adding a facility to the national list over the written objection of the state, unless: the state, as an owner or operator or a significant contributor of hazardous substances to the facility, is a potentially responsible party; the President determines that the contamination has migrated across a state boundary, resulting in the need for response actions in multiple states; or the criteria under the national contingency plan for issuance of a health advisory have been met. Removes provisions concerning the 100 highest priority facilities. Authorizes states to designate a facility to the national list no more than once every five years. Includes, as a minimum requirement in regulations that provide for involvement by each state in remedial actions, state concurrence in adding sites to the National Priorities List. (Sec. 5) Requires remedial actions to meet any state environmental covenant law or state law or regulation requiring the use of engineering control or land use control if they are more stringent than federal requirements. | {"src": "billsum_train", "title": "Federal and State Partnership for Environmental Protection Act of 2013"} | 1,392 | 520 | 0.56456 | 1.933769 | 0.659896 | 3.588106 | 2.506608 | 0.874449 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Non-Discrimination Act of
2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since passage of the Telecommunications Act of 1996,
the Internet has grown robustly. Today, Americans are changing
how they access the Internet, moving from dial-up to broadband
for their home connections. According to the Pew Internet and
American Life Project, 72 percent of Americans use the Internet
and 59 percent of Americans with home Internet have a high-
speed Internet connection.
(2) Americans use the Internet for many daily activities.
Over 17 percent of Americans have sold something over the
Internet. Everyday, approximately 60,000,000 Americans use
search engines to get access to information. 80 percent of
Americans have looked online for health care information. In
growing numbers, Americans are using the Internet to place
phone calls, watch their favorite televisions shows or movies,
and play games.
(3) The growth of the Internet and its success are due in
large part to the freedom that has always existed on the
content and applications layer of the Internet. Innovation has
thrived on this layer, as anyone with a good idea has the
ability to access consumers. The continuation of this freedom
is essential for future innovation.
(4) Freedom on the content and applications layer has also
led to robust competition for retail goods for consumers.
Consumers can shop at thousands upon thousands of retailers
from their home computers, including small businesses located
miles away in other towns, States, and even countries.
(5) Such freedom is leading to the development of important
new entertainment offerings, on-demand video and movie
purchases, Internet Protocol television, and enhanced gaming
options. The entertainment options available in the future will
only be limited by the bandwidth that can be used and the
innovation of people all over the world.
(6) Despite the growth of the Internet and increased access
to the Internet for Americans, there is very little choice in
who provides them high-speed Internet access. According to an
April 2005 White Paper by Harold Feld and Gregory Rose, et.
al., entitled, ``Connecting the Public: The Truth About
Municipal Broadband'' only 2 percent of Americans get high-
speed Internet access from someone other than their local phone
company or cable provider. According to the Federal
Communications Commission, approximately 20 percent of
Americans do not have a high-speed Internet access provider
that offers them service.
(7) As more and more Americans get high-speed access to the
Internet without having much choice of who their provider will
be, it is important that Congress protect the freedom on the
Internet to ensure its continued success.
SEC. 3. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Application or service.--The term ``application or
service'' means any information or service--
(A) by which an end-user through software or a
device engages in an exchange of data or information;
and
(B) conveyed over communications.
(2) Bits.--The term ``bits'' or ``binary digits'' means the
smallest unit of information in which form data is transported
on the Internet as a single digit number in base-2.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Communications.--The term ``communications''--
(A) means any voice, video, or data application or
service, regardless of the facilities or technology
used, that--
(i) is a transmission to subscribers by use
of--
(I) the public rights-of-way;
(II) spectrum;
(III) numbering or addressing
resources; or
(IV) other inputs licensed or
managed by a unit of local government,
or a private entity working in concert
with such unit of local government, for
the benefit of the public;
(ii) is offered to the public, or as to
such classes of subscribers as to be
effectively available directly to the public,
with or without a fee; and
(iii) enables an end user, as part of such
service, to transmit content of their own
design or choosing between or among points
specified by such user;
(B) includes interactive on-demand services, as
such term is defined in section 602(12) of the
Communications Act of 1934 (47 U.S.C. 522(12)); and
(C) does not include cable service, as such term is
defined in section 602(6) of the Communications Act of
1934 (47 U.S.C. 522(6)).
(5) Content.--The term ``content'' means information--
(A) in the form of writing, signs, signals,
pictures, and sounds of all kinds, including stored
information requested by an end user; and
(B) that is generated based on the input or request
of such user.
(6) Person.--The term ``person'' means any natural person,
partnership, firm, association, corporation, limited liability
company, or other legal entity.
(7) Network operator.--
(A) In general.--The term ``network operator''
means any person who owns, operates, controls, or
resells and controls any facility that provides
communications directly to a subscriber.
(B) Obligations.--Any obligation imposed on a
network operator by the provisions of this Act shall
apply only to the extent that such network operator is
engaged in providing communications.
(8) Subscriber.--The term ``subscriber'' means any person
who--
(A) is an end user of an application or service
provided through communications; and
(B) consumes or provides goods provided through
such application or service.
(9) Transmission component.--The term ``transmission
component'' means the portion of communications which enables
an end user to transmit content of their own design and
choosing between or among points specified by such user.
SEC. 4. OBLIGATIONS OF NETWORK OPERATORS.
(a) In General.--A network operator shall--
(1) not interfere with, block, degrade, alter, modify,
impair, or change any bits, content, application or service
transmitted over the network of such operator;
(2) not discriminate in favor of itself or any other
person, including any affiliate or company with which such
operator has a business relationship in--
(A) allocating bandwidth; and
(B) transmitting content or applications or
services to or from a subscriber in the provision of a
communications;
(3) not assess a charge to any application or service
provider not on the network of such operator for the delivery
of traffic to any subscriber to the network of such operator;
(4) offer communications such that a subscriber can access,
and a content provider can offer, unaffiliated content or
applications or services in the same manner that content of the
network operator is accessed and offered, without interference
or surcharges;
(5) allow the attachment of any device, if such device is
in compliance with part 68 of title 47, Code of Federal
Regulations, without restricting any application or service
that may be offered or provided using such a device;
(6) treat all data traveling over or on communications in a
non-discriminatory way;
(7) offer just, reasonable, and non-discriminatory rates,
terms, and conditions on the offering or provision of any
service by another person using the transmission component of
communications;
(8) provide non-discriminatory access and service to each
subscriber; and
(9) post and make available for public inspection, in
electronic form and in a manner that is transparent and easily
understandable, all rates, terms, and conditions for the
provision of any communications.
(b) Preserved Authority of Network Operators.--Notwithstanding the
requirements described in subsection (a), a network operator--
(1) may--
(A) take reasonable and non-discriminatory measures
to protect subscribers from adware, spyware, malware,
viruses, spam, pornography, content deemed
inappropriate for minors, or any other similarly
nefarious application or service that harms the
Internet experience of subscribers, if such
subscribers--
(i) are informed of the application or
service; and
(ii) are given the opportunity to refuse or
disable any such preventative application or
service;
(B) support an application or service intended to
prevent adware, spyware, malware, viruses, spam,
pornography, content deemed inappropriate for minors,
or any other similarly nefarious application or service
that harms the Internet experience of subscribers, if
such subscribers--
(i) are informed of the application or
service; and
(ii) are given the opportunity to refuse or
disable any such preventative application or
service; and
(C) take reasonable and non-discriminatory measures
to protect the security of the network of such
operator, if such operator faces serious and
irreparable harm; and
(2) shall--
(A) give priority to an emergency communication;
(B) comply with any court-ordered law enforcement
directive; and
(C) prevent any activity that is unlawful or
illegal under any Federal, State, or local law.
SEC. 5. COMPLAINTS REGARDING VIOLATIONS.
(a) Complaint.--Any aggrieved party may submit a written complaint
to the Commission seeking a ruling that a network operator has violated
a requirement described in section 4(a).
(b) Content of Complaint.--In any complaint submitted under
subsection (a) an aggrieved party shall make a prima facie case that--
(1) a network operator violated a requirement of section
4(a);
(2) such violation was not a preserved authority described
in subparagraph (A) or (B) of section 4(b)(1); and
(3) such violation is harmful to such party.
(c) 7-Day Acceptance Period.--Not later than 7 days after the date
of the submission of a complaint under subsection (a), the Commission
shall issue a decision regarding its acceptance or denial of the prima
facie case made by an aggrieved party.
(d) Cease and Desist.--
(1) In general.--If the Commission accepts the prima facie
case of an aggrieved party under subsection (c), a network
operator shall be required to cease and desist the action that
is the underlying basis of the complaint for the duration of
the proceeding on such complaint, until such time as the
Commission may rule that a violation of a requirement of
section 4(a) has not occurred.
(2) Authority to extend cease and desist order.--The
Commission shall have the authority to extend any cease and
desist order to any similarly situated person as the Commission
determines necessary and appropriate.
(e) Burden of Proof.--If the Commission accepts the prima facie
case of an aggrieved party under subsection (c), a network operator
shall bear the burden of proving that--
(1) no violation of section 4(a) occurred; or
(2) such violation was a preserved authority described in
section 4(b).
(f) Final Decision.--
(1) 90-day period.--Not later than 90 days after the date
of the submission of a complaint under subsection (a), the
Commission shall issue a final decision regarding the request
for a ruling contained in such complaint.
(2) Failure to issue decision.--If the Commission fails to
issue a decision at the expiration of the 90-day period
described in paragraph (1), a violation of a requirement of
section 4(a) shall be deemed to have occurred.
(g) Rules of Construction.--
(1) Delegation.--
(A) In general.--Nothing in this section shall be
construed--
(i) to prevent the Commission from
delegating any authority granted to it under
this section to a relevant office or bureau
pursuant to the authority granted the
Commission under section 5(c) of the
Communications Act of 1934 (47 U.S.C. 155(c));
or
(ii) to limit the Commission from adopting
any appropriate procedures pursuant to any
other provision of law.
(B) Limitation.--The rule established under
subparagraph (A) shall only apply if at the expiration
of the 90-day period described in subsection (f)(1)--
(i) the Commission issues a final decision
that is ripe for judicial review; or
(ii) a violation of a requirement of
section 4(a) shall be deemed to have occurred
under subsection (f)(2).
(2) Petition for reconsideration.--
(A) In general.--Nothing in this section shall be
construed to affect the ability of any eligible party
to file a petition for reconsideration under section
405 of the Communications Act of 1934 (47 U.S.C. 405).
(B) Timing.--
(i) 90-day period.--Not later than 90 days
after the date of the submission of a petition
for reconsideration under section 405 of the
Communications Act of 1934 (47 U.S.C. 405), the
Commission shall issue an order granting or
denying such petition.
(ii) Failure to issue an order.--If the
Commission fails to issue a decision at the
expiration of the 90-day period described in
clause (i), the previous decision of the
Commission shall be considered affirmed and
final for purposes of judicial review.
(3) Judicial review.--Notwithstanding section 402(b) of the
Communications Act of 1934 (47 U.S.C. 402(b)) and any other
provision of law, any appeal of a decision of the Commission
under this section shall be made to United States district
court for the district in which the principle place of business
of the aggrieved party is located.
(4) Intervention by third parties.--Nothing in this section
shall be construed to prevent any interested person from
intervening in any appeal of a decision of the Commission in
accordance with section 402(e) of the Communications Act of
1934 (47 U.S.C. 402(e)).
SEC. 6. PENALTIES.
(a) In General.--If the Commission issues a ruling under section 5
that a network operator is in violation of a requirement of section
4(a), such network operator shall be subject to the penalties
prescribed under section 501 of the Communications Act of 1934 (47
U.S.C. 501).
(b) Separate Violations.--Each violation of a requirement of
section 4(a) shall be treated as a separate incident for purposes of
imposing penalties under subsection (a). | Internet Non-Discrimination Act of 2006 - Prohibits a network operator (an entity that owns, controls, or resells any facility that provides communications services to subscribers) from, among other things: (1) interfering with any bits, content, application, or service transmitted over the operator's network; (2) discriminating in allocating bandwidth and transmitting content, applications, or services to or from a subscriber; or (3) assessing a charge to any application or service provider not on the operator's network for the delivery of traffic to any subscriber to the operator's network. Preserves authority of network operators to: (1) protect subscribers from adware, viruses, spam, content deemed inappropriate for minors, and other applications or service that harms the Internet experience of subscribers; and (2) support an application or service intended to prevent such adware, viruses, content, etc.
Allows an aggrieved party to file a complaint with the Federal Communications Commission (FCC) with respect to alleged network operator violations of such requirements. Provides deadlines with respect to complaint consideration and rulings.
Provides violator penalties. | {"src": "billsum_train", "title": "A bill to ensure and promote a free and open Internet for all Americans."} | 3,182 | 253 | 0.316945 | 0.95263 | 0.731674 | 2.911215 | 13.803738 | 0.911215 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine and Hydrokinetic Renewable
Energy Promotion Act of 2007''.
SEC. 2. DEFINITION.
For purposes of this Act, the term ``marine and hydrokinetic
renewable energy'' means electrical energy from--
(1) waves, tides, and currents in oceans, estuaries, and
tidal areas;
(2) free flowing water in rivers, lakes, and streams;
(3) free flowing water in man-made channels, including
projects that utilize nonmechanical structures to accelerate
the flow of water for electric power production purposes; and
(4) differentials in ocean temperature (ocean thermal
energy conversion).
The term shall not include energy from any source that utilizes a dam,
diversionary structure, or impoundment for electric power purposes,
except as provided in paragraph (3).
SEC. 3. RESEARCH AND DEVELOPMENT.
(a) Program.--The Secretary of Energy, in consultation with the
Secretary of Commerce and the Secretary of the Interior, shall
establish a program of marine and hydrokinetic renewable energy
research focused on--
(1) developing and demonstrating marine and hydrokinetic
renewable energy technologies;
(2) reducing the manufacturing and operation costs of
marine and hydrokinetic renewable energy technologies;
(3) increasing the reliability and survivability of marine
and hydrokinetic renewable energy facilities;
(4) integrating marine and hydrokinetic renewable energy
into electric grids;
(5) identifying opportunities for cross fertilization and
development of economies of scale between offshore wind and
marine and hydrokinetic renewable energy sources;
(6) identifying, in consultation with the Secretary of
Commerce and the Secretary of the Interior, the environmental
impacts of marine and hydrokinetic renewable energy
technologies and ways to address adverse impacts, and providing
public information concerning technologies and other means
available for monitoring and determining environmental impacts;
and
(7) standards development, demonstration, and technology
transfer for advanced systems engineering and system
integration methods to identify critical interfaces.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy for carrying out this section
$50,000,000 for each of the fiscal years 2008 through 2017.
SEC. 4. ADAPTIVE MANAGEMENT AND ENVIRONMENTAL FUND.
(a) Findings.--The Congress finds that--
(1) the use of marine and hydrokinetic renewable energy
technologies can avoid contributions to global warming gases,
and such technologies can be produced domestically;
(2) marine and hydrokinetic renewable energy is a nascent
industry; and
(3) the United States must work to promote new renewable
energy technologies that reduce contributions to global warming
gases and improve our country's domestic energy production in a
manner that is consistent with environmental protection,
recreation, and other public values.
(b) Establishment.--The Secretary of Energy shall establish an
Adaptive Management and Environmental Fund, and shall lend amounts from
that fund to entities described in subsection (f) to cover the costs of
projects that produce marine and hydrokinetic renewable energy. Such
costs include design, fabrication, deployment, operation, monitoring,
and decommissioning costs. Loans under this section may be subordinate
to project-related loans provided by commercial lending institutions to
the extent the Secretary of Energy considers appropriate.
(c) Reasonable Access.--As a condition of receiving a loan under
this section, a recipient shall provide reasonable access, to Federal
or State agencies and other research institutions as the Secretary
considers appropriate, to the project area and facilities for the
purposes of independent environmental research.
(d) Public Availability.--The results of any assessment or
demonstration paid for, in whole or in part, with funds provided under
this section shall be made available to the public, except to the
extent that they contain information that is protected from disclosure
under section 552(b) of title 5, United States Code.
(e) Repayment of Loans.--
(1) In general.--The Secretary of Energy shall require a
recipient of a loan under this section to repay the loan, plus
interest at a rate of 2.1 percent per year, over a period not
to exceed 20 years, beginning after the commercial generation
of electric power from the project commences. Such repayment
shall be required at a rate that takes into account the
economic viability of the loan recipient and ensures regular
and timely repayment of the loan.
(2) Beginning of repayment period.--No repayments shall be
required under this subsection until after the project
generates net proceeds. For purposes of this paragraph, the
term ``net proceeds'' means proceeds from the commercial sale
of electricity after payment of project-related costs,
including taxes and regulatory fees that have not been paid
using funds from a loan provided for the project under this
section.
(3) Termination.--Repayment of a loan made under this
section shall terminate as of the date that the project for
which the loan was provided ceases commercial generation of
electricity if a governmental permitting authority has ordered
the closure of the facility because of a finding that the
project has unacceptable adverse environmental impacts, except
that the Secretary shall require a loan recipient to continue
making loan repayments for the cost of equipment, obtained
using funds from the loan that have not otherwise been repaid
under rules established by the Secretary, that is utilized in a
subsequent project for the commercial generation of
electricity.
(f) Adaptive Management Plan.--In order to receive a loan under
this section, an applicant for a Federal license or permit to
construct, operate, or maintain a marine or hydrokinetic renewable
energy project shall provide to the Federal agency with primary
jurisdiction to issue such license or permit an adaptive management
plan for the proposed project. Such plan shall--
(1) be prepared in consultation with other parties to the
permitting or licensing proceeding, including all Federal,
State, municipal, and tribal agencies with authority under
applicable Federal law to require or recommend design or
operating conditions, for protection, mitigation, and
enhancement of fish and wildlife resources, water quality,
navigation, public safety, land reservations, or recreation,
for incorporation into the permit or license;
(2) set forth specific and measurable objectives for the
protection, mitigation, and enhancement of fish and wildlife
resources, water quality, navigation, public safety, land
reservations, or recreation, as required or recommended by
governmental agencies described in paragraph (1), and shall
require monitoring to ensure that these objectives are met;
(3) provide specifically for the modification or, if
necessary, removal of the marine or hydrokinetic renewable
energy project based on findings by the licensing or permitting
agency that the marine or hydrokinetic renewable energy project
has not attained or will not attain the specific and measurable
objectives set forth in paragraph (2); and
(4) be approved and incorporated in the Federal license or
permit.
(g) Sunset.--The Secretary of Energy shall transmit a report to the
Congress when the Secretary of Energy determines that the technologies
supported under this Act have achieved a level of maturity sufficient
to enable the expiration of the programs under this Act. The Secretary
of Energy shall not make any new loans under this section after the
report is transmitted under this subsection.
SEC. 5. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.
The Secretary of Commerce and the Secretary of the Interior shall,
in cooperation with the Federal Energy Regulatory Commission and the
Secretary of Energy, and in consultation with appropriate State
agencies, jointly prepare programmatic environmental impact statements
which contain all the elements of an environmental impact statement
under section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332), regarding the impacts of the deployment of marine and
hydrokinetic renewable energy technologies in the navigable waters of
the United States. One programmatic environmental impact statement
shall be prepared under this section for each of the Environmental
Protection Agency regions of the United States. The agencies shall
issue the programmatic environmental impact statements under this
section not later than 18 months after the date of enactment of this
Act. The programmatic environmental impact statements shall evaluate
among other things the potential impacts of site selection on fish and
wildlife and related habitat. Nothing in this section shall operate to
delay consideration of any application for a license or permit for a
marine and hydrokinetic renewable energy technology project.
SEC. 6. PRODUCTION CREDIT FOR ELECTRICITY PRODUCED FROM MARINE
RENEWABLES.
(a) In General.--Subsection (c) of section 45 of the Internal
Revenue Code of 1986 (relating to resources) is amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of subparagraph
(G),
(B) by striking the period at the end of
subparagraph (H) and inserting ``, and'', and
(C) by adding at the end the following new
subparagraph:
``(I) marine and hydrokinetic renewable energy.'',
and
(2) by adding at the end the following new paragraph:
``(10) Marine and hydrokinetic renewable energy.--
``(A) In general.--The term `marine and
hydrokinetic renewable energy' means energy derived
from--
``(i) waves, tides, and currents in oceans,
estuaries, and tidal areas,
``(ii) free flowing water in rivers, lakes,
and streams,
``(iii) free flowing water in man-made
channels, including projects that utilize
nonmechanical structures to accelerate the flow
of water for electric power production
purposes, or
``(iv) differentials in ocean temperature
(ocean thermal energy conversion).
``(B) Exceptions.--Such term shall not include any
energy which is--
``(i) described in subparagraphs (A)
through (H) of paragraph (1), or
``(ii) derived from any source that
utilizes a dam, diversionary structure, or
impoundment for electric power production
purposes, except as provided in subparagraph
(A)(iii).''.
(b) Definition of Facility.--Subsection (d) of section 45 of such
Code (relating to qualified facilities) is amended by adding at the end
the following new paragraph:
``(11) Marine and hydrokinetic renewable energy
facilities.--In the case of a facility producing electricity
from marine and hydrokinetic renewable energy, the term
`qualified facility' means any facility owned by the taxpayer
which is originally placed in service after the date of the
enactment of this paragraph and before January 1, 2009.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity produced and sold after the date of the enactment
of this Act, in taxable years ending after such date.
SEC. 7. INVESTMENT CREDIT AND 5-YEAR DEPRECIATION FOR EQUIPMENT WHICH
PRODUCES ELECTRICITY FROM MARINE AND HYDROKINETIC
RENEWABLE ENERGY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 (relating to energy property) is
amended--
(1) by striking ``or'' at the end of clause (iii),
(2) by inserting ``or'' at the end of clause (iv), and
(3) by adding at the end the following new clause:
``(v) equipment which uses marine and
hydrokinetic renewable energy (as defined in
section 45(c)(10)) but only with respect to
periods ending before January 1, 2018,''.
(b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of such
Code (relating to 30 percent credit) is amended--
(1) by striking ``and'' at the end of subclause (II), and
(2) by adding at the end the following new subclause:
``(IV) energy property described in
paragraph (3)(A)(v), and''.
(c) Credits Allowed for Investment and Production.--Paragraph (3)
of section 48(a) of such Code (relating to energy property) is amended
by inserting ``(other than property described in subparagraph (A)(v))''
after ``any property'' in the last sentence thereof.
(d) Denial of Dual Benefit.--Paragraph (9) of section 45(e) of such
Code (relating to coordination with credit for producing fuel from a
nonconventional source) is amended--
(1) in subparagraph (A), by striking ``shall not include''
and all that follows and inserting ``shall not include--
``(i) any facility which produces
electricity from gas derived from the
biodegradation of municipal solid waste if such
biodegradation occurred in a facility (within
the meaning of section 45K) the production from
which is allowed as a credit under section 45K
for the taxable year or any prior taxable year,
or
``(ii) any marine and hydrokinetic facility
for which a credit is claimed by the taxpayer
under section 48 for the taxable year.'', and
(2) in the header--
(A) by striking ``credit'' and inserting
``credits'', and
(B) by inserting ``and investment in marine and
hydrokinetic renewable energy'' after ``nonconventional
source''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, in taxable years ending after such date. | Marine and Hydrokinetic Renewable Energy Promotion Act of 2007- Directs the Secretary of Energy to establish: (1) a marine and hydrokinetic renewable energy research program; and (2) an Adaptive Management and Environmental Fund to lend funds to approved applicants to cover the costs of projects that produce marine and hydrokinetic renewable energy.
Instructs the Secretary of Commerce and the Secretary of the Interior to prepare jointly programmatic environmental impact statements regarding the impacts of the deployment of marine and hydrokinetic renewable energy technologies in U.S. navigable waters.
Amends the Internal Revenue Code to allow: (1) a tax credit for electricity produced from marine and hydrokinetic renewable energy; and (2) an investment credit and five-year depreciation for equipment which produces electricity from marine and hydrokinetic renewable energy.
Denies a tax credit for producing fuel from a nonconventional source (dual benefit) with respect to a marine and hydrokinetic facility for which an investment credit under this Act is claimed by the taxpayer. | {"src": "billsum_train", "title": "A bill to promote the development and use of marine and hydrokinetic renewable energy technologies, and for other purposes."} | 2,910 | 206 | 0.657959 | 2.085273 | 0.857047 | 4.081967 | 14.852459 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Workforce Improvement and
Jobs Protection Act''.
SEC. 2. EXEMPTING ALIENS EARNING MASTER'S OR HIGHER DEGREE IN UNITED
STATES FROM NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended by adding at the end the following:
``(9) For any fiscal year, the applicable numerical limitation
contained in paragraph (1)(A) shall not apply to any nonimmigrant alien
issued a visa or otherwise provided status under section
101(a)(15)(H)(i)(b) who has earned a master's or higher degree from an
institution of higher education (as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))), until the number of
aliens who are exempted from such numerical limitation during such year
exceeds 20,000.''.
SEC. 3. MAKING PERMANENT CERTAIN REQUIREMENTS AND AUTHORITIES WITH
RESPECT TO H-1B NONIMMIGRANTS.
(a) Attestation Requirements.--Section 212(n)(1)(E)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended
by striking ``subparagraph, and before October 1, 2003,'' and inserting
``subparagraph''.
(b) Fee.--Section 214(c)(9)(A) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)(9)(A)) is amended by striking ``before October 1,
2003''.
(c) Department of Labor Investigative Authorities.--Section
413(e)(2) of the American Competitiveness and Workforce Improvement Act
of 1998 (8 U.S.C. 1182 note) is repealed.
(d) Effective Dates.--
(1) Attestation requirements.--The amendment made by
subsection (a) shall apply to applications under section
212(n)(1) of the Immigration and Nationality Act filed on or
after the date that is 30 days after the date of the enactment
of this Act.
(2) Fee.--The amendment made by subsection (b) shall apply
to petitions under section 214(c) of the Immigration and
Nationality Act filed on or after the date that is 30 days
after the date of the enactment of this Act.
(3) Department of labor investigative authority.--The
amendment made by subsection (c) shall take effect on the date
of the enactment of this Act.
SEC. 4. FRAUD PREVENTION AND DETECTION FEE.
(a) Imposition of Fee.--Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the
following:
``(12)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention and
detection fee on an employer filing a petition under paragraph (1)--
``(i) initially to grant an alien nonimmigrant status
described in subparagraph (H)(i)(b) or (L) of section
101(a)(15); or
``(ii) to obtain authorization for an alien having such
status to change employers.
``(B) In addition to any other fees authorized by law, the
Secretary of State shall impose a fraud prevention and detection fee on
an alien filing an application abroad for a visa authorizing admission
to the United States as a nonimmigrant described in section
101(a)(15)(L), if the alien is covered under a blanket petition
described in paragraph (2)(A).
``(C) The amount of the fee imposed under subparagraph (A) or (B)
shall be $500.
``(D) The fee imposed under subparagraph (A) or (B) shall only
apply to principal aliens and not to the spouses or children who are
accompanying or following to join such principal aliens.
``(E) Fees collected under this paragraph shall be deposited in the
Treasury in accordance with section 286(v).''.
(b) Establishment of Account; Use of Fees.--Section 286 of the
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at
the end the following:
``(v) H-1B and L Fraud Prevention and Detection Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`H-1B and L Fraud Prevention and Detection Account'.
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees
collected under section 214(c)(12).
``(2) Use of fees to combat fraud.--
``(A) Secretary of state.--One-third of the amounts
deposited into the H-1B and L Fraud Prevention and
Detection Account shall remain available to the
Secretary of State until expended for programs and
activities at United States embassies and consulates
abroad--
``(i) to increase the number diplomatic
security personnel assigned exclusively to the
function of preventing and detecting fraud by
applicants for visas described in subparagraph
(H)(i) or (L) of section 101(a)(15);
``(ii) otherwise to prevent and detect such
fraud pursuant to the terms of a memorandum of
understanding or other cooperative agreement
between the Secretary of State and the
Secretary of Homeland Security; and
``(iii) upon request by the Secretary of
Homeland Security, to assist such Secretary in
carrying out the fraud prevention and detection
programs and activities described in
subparagraph (B).
``(B) Secretary of homeland security.--One-third of
the amounts deposited into the H-1B and L Fraud
Prevention and Detection Account shall remain available
to the Secretary of Homeland Security until expended
for programs and activities to prevent and detect fraud
with respect to petitions under paragraph (1) or (2)(A)
of section 214(c) to grant an alien nonimmigrant status
described in subparagraph (H)(i) or (L) of section
101(a)(15).
``(C) Secretary of labor.--One-third of the amounts
deposited into the H-1B and L Fraud Prevention and
Detection Account shall remain available to the
Secretary of Labor until expended for enforcement
programs and activities described in section 212(n).
``(D) Consultation.--The Secretary of State, the
Secretary of Homeland Security, and the Secretary of
Labor shall consult one another with respect to the use
of the funds in the H-1B and L Fraud Prevention and
Detection Account.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and the fees imposed
under such amendments shall apply to petitions under section 214(c) of
the Immigration and Nationality Act, and applications for nonimmigrant
visas under section 222 of such Act, filed on or after the date that is
90 days after the date of the enactment of this Act.
SEC. 5. ENSURING INTEGRITY OF VISAS FOR INTRACOMPANY TRANSFEREES.
(a) Nonimmigrant L-1 Visa Category.--
(1) In general.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at
the end the following:
``(F) An alien who will serve in a capacity involving specialized
knowledge with respect to an employer for purposes of section
101(a)(15)(L) and will be stationed primarily at the worksite of an
employer other than the petitioning employer or its affiliate,
subsidiary, or parent shall not be eligible for classification under
section 101(a)(15)(L) if--
``(i) the alien will be controlled and supervised
principally by such unaffiliated employer; or
``(ii) the placement of the alien at the worksite of the
unaffiliated employer is part of an arrangement merely to
provide labor for the unaffiliated employer rather than in
connection with the provision of a product or service for which
specialized knowledge specific to the petitioning employer is
necessary.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to petitions filed on or after the effective date
of this section, whether for initial, extended, or amended
classification.
(b) Requirement for Prior Continuous Employment for Certain
Intracompany Transferees.--
(1) In general.--Section 214(c)(2)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by
striking the last sentence (relating to reduction of the 1-year
period of continuous employment abroad to 6 months).
(2) Applicability.--The amendment made by paragraph (1)
shall apply only to petitions for initial classification filed
on or after the effective date of this section.
(c) Maintenance of Statistics.--
(1) In general.--The Secretary of Homeland Security shall
maintain statistics regarding petitions filed, approved,
extended, and amended with respect to nonimmigrants described
in section 101(a)(15)(L) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(L)), including the number of such
nonimmigrants who are classified on the basis of specialized
knowledge and the number of nonimmigrants who are classified on
the basis of specialized knowledge in order to work primarily
at offsite locations.
(2) Applicability.--Paragraph (1) shall apply to petitions
filed on or after the effective date of this section.
(d) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of the enactment of
this Act. | American Workforce Improvement and Jobs Protection Act - Amends the Immigration and Nationality Act to exempt up to 20,000 aliens holding a master's or higher degree from the numerical limitation on H-1B (temporary employment in a specialty occupation) nonimmigrants in any fiscal year.
Makes permanent: (1) the attestation requirement concerning nondisplacement of U.S. workers applicable to H-1B-dependent employers and willful violators; (2) the filing fee applicable to H-1B petitioners; and (3) the Secretary of Labor's authority under the American Competitiveness and Workforce Improvement Act to investigate an employer's alleged failure to meet specified labor attestation conditions (by repealing a sunset provision in that Act).
Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on H-1B or L (intracompany business personnel) petitioners for use in combating fraud and carrying out labor attestation enforcement activities. Establishes an H-1B and L Fraud Prevention and Detection Account for the deposit of such fees.
Renders ineligible for L visa status those aliens who will serve in a capacity involving specialized knowledge at the worksite of an employer other than the petitioning employer or its affiliate if: (1) the alien will be controlled principally by the unaffiliated employer; or (2) the placement with the unaffiliated employer is part of an arrangement merely to provide labor rather than to use the alien's specialized knowledge.
Eliminates the current reduction in the continuous employment requirement for aliens seeking L visa status pursuant to an employer's blanket petition.
Requires the Secretary of Homeland Security to maintain statistics regarding L visa petitions. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act with respect to nonimmigrants described in subparagraphs (H)(i)(b) and (L) of section 101(a)(15) of such Act, and for other purposes."} | 2,314 | 378 | 0.532 | 1.619889 | 0.781492 | 2.945946 | 6.195946 | 0.871622 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recruiting, Retention, and Reservist
Promotion Act of 2000''.
SEC. 2. PER DIEM ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOYMENTS.
(a) Expedited Implementation.--(1) Section 435 of title 37, United
States Code, as added by section 586(b) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
638), is amended by adding at the end the following new subsection:
``(g) Implementation.--This section shall take effect on the first
day of the first month beginning after the date of the enactment of
this subsection. For purposes of determining the eligibility of a
member for the high-deployment per diem allowance on and after that
date, the Secretary concerned shall consider days on which the member
was deployed before that date.''.
(2) Section 586(d) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 639) is amended--
(A) by striking ``(1)'' before ``Section 991''; and
(B) by striking paragraph (2).
(b) Inclusion of Coast Guard.--(1) Subsection (a) of section 435 of
title 37, United States Code, is amended by inserting after ``military
department concerned'' the following: ``, and the Secretary of
Transportation, with respect to members of the Coast Guard when it is
not operating as a service in the Department of the Navy,''.
(2) Section 991 of title 10, United States Code, is amended--
(A) in subsection (c), by striking ``of each military
department'' and inserting ``concerned'';
(B) in subsection (d), by striking ``of the military
department''; and
(C) in subsection (e), by striking ``This section'' and
inserting ``Subsection (a)''.
(c) Evaluation of Eligibility Threshold.--(1) Beginning six months
after the date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of Transportation, shall conduct a
study regarding--
(A) the extent to which the high-deployment per diem
allowance authorized by section 435 of title 37, United States
Code, is being paid to members of the regular and reserve
components of the Armed Forces;
(B) the effect of the availability of the allowance on the
morale of members and on retention and recruitment rates; and
(C) the feasibility of establishing a reduced eligibility
threshold for a members of National Guard and Reserve units
serving on active duty for a period of more than 30 days, at
possibly a reduced per diem rate, to address the disruption of
the member's civilian employment.
(2) Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
containing the results of the study and the Secretary's recommendations
regarding--
(A) appropriate changes to the eligibility threshold for
the allowance and the per diem amount specified in such section
435; and
(B) the establishment of a separate eligibility threshold
and per diem rate for members of National Guard and Reserve
units serving on active duty for a period of more than 30 days.
(3) If the Secretary of Defense determines that the threshold of
251 days of deployment during the preceding 365 days is too high a
threshold for eligibility for the high-deployment per diem allowance,
the Secretary may reduce the threshold to such days of deployment as
the Secretary considers appropriate. The Secretary shall notify the
Congress in writing of any change in the eligibility threshold made
under the authority of this paragraph.
SEC. 3. STUDY OF TAX CREDITS AND SMALL BUSINESS LOAN CHANGES TO ASSIST
BUSINESSES THAT EMPLOY GUARD AND RESERVE MEMBERS.
(a) Study Required.--The Comptroller General shall conduct a study
to determine--
(1) whether members of the National Guard and Reserve
comprise a disproportionately large portion of the employees of
any size or type of business, including small business
concerns;
(2) the amount of Federal tax benefit which would be
appropriate to compensate such a business for costs associated
with employing members of National Guard and Reserve units and
having such members called to active duty; and
(3) whether changes can be made to the small business loan
program, such as a targeted level of loans, reduced interest
rates, and reduced paperwork burdens for loan applications, to
assist small business concerns to deal with the costs
associated with employing members of National Guard and Reserve
units and having such members called to active duty.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report containing the results of the study. The report shall include
legislative proposals--
(1) to provide the recommended tax benefit identified in
the study; and
(2) to modify the small business loan program to assist
small business concerns that employ members of National Guard
and Reserve units.
SEC. 4. REPORT ON EXPANSION OF JUNIOR ROTC AND SIMILAR MILITARY
PROGRAMS FOR YOUNG PEOPLE.
(a) Findings.--Congress finds that--
(1) the Junior Reserve Officers' Training Corps, the Civil
Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of
the Marine Corps League provide significant benefits for the
Armed Forces, including significant public relations benefits;
and
(2) there is substantial interest in expanding the scope of
these programs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report providing the Secretary's assessment of the
feasibility and desirability of expanding the Junior Reserve Officers'
Training Corps program of each of the military departments, the Civil
Air Patrol, the Naval Sea Cadet Corps, and the Young Marines of the
Marine Corps League. The report shall include such recommendations as
the Secretary considers appropriate for expansion of these programs
through an increase in the number of units or participants in these
programs, increased funding for these programs, or such other means as
the Secretary determines. | Directs the Secretary of Defense to study and report to Congress on the extent to which such allowance is being paid to regular and reserve personnel, its effect on morale and retention rates, and the feasibility of establishing a reduced eligibility threshold for members of National Guard and reserve units serving on active duty of more than 30 days. Authorizes the Secretary, after such study, to reduce the threshold below 251 days (requiring congressional notification of any such change).
Directs the Comptroller General to study and report to Congress on the possibility of tax credits or small business loan incentives for businesses that employ National Guard and reserve personnel.
Requires the Secretary to report to Congress on the feasibility and desirability of expanding the Junior Reserve Officers' Training Corps of each military department, the Civil Air Patrol, the Naval Sea Cadet Corps, and the Young Marines. | {"src": "billsum_train", "title": "Recruiting, Retention, and Reservist Promotion Act of 2000"} | 1,400 | 181 | 0.430592 | 1.087902 | 0.442031 | 4.030864 | 7.925926 | 0.919753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil War Battlefield Preservation
Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Civil War battlefields provide a means for the people
of the United States to understand a tragic period in the
history of the United States; and
(2) according to the Report on the Nation's Civil War
Battlefields, prepared by the Civil War Sites Advisory
Commission, and dated July 1993, of the 384 principal Civil War
battlefields--
(A) almost 20 percent are lost or fragmented;
(B) 17 percent are in poor condition; and
(C) 60 percent--
(i) have been lost; or
(ii) are in imminent danger of being--
(I) fragmented by development; and
(II) lost as coherent historic
sites.
(b) Purposes.--The purposes of this Act are--
(1) to act quickly and proactively to preserve and protect
nationally significant Civil War battlefields through
conservation easements and fee-simple purchases of those
battlefields from willing sellers; and
(2) to create partnerships among State and local
governments, regional entities, and the private sector to
preserve, conserve, and enhance nationally significant Civil
War battlefields.
SEC. 3. BATTLEFIELD ACQUISITION GRANT PROGRAM.
The American Battlefield Protection Act of 1996 (16 U.S.C. 469k) is
amended--
(1) by redesignating subsection (d) as paragraph (3) of
subsection (c), and indenting appropriately;
(2) in paragraph (3) of subsection (c) (as redesignated by
paragraph (1))--
(A) by striking ``Appropriations'' and inserting
``appropriations''; and
(B) by striking ``section'' and inserting
``subsection'';
(3) by inserting after subsection (c) the following:
``(d) Battlefield Acquisition Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Battlefield report.--The term `Battlefield
Report' means the document entitled `Report on the
Nation's Civil War Battlefields', prepared by the Civil
War Sites Advisory Commission, and dated July 1993.
``(B) Eligible entity.--The term `eligible entity'
means a State or local government.
``(C) Eligible site.--The term `eligible site'
means a site--
``(i) that is not within the exterior
boundaries of a unit of the National Park
System; and
``(ii) that is identified in the
Battlefield Report.
``(D) Secretary.--The term `Secretary' means the
Secretary of the Interior, acting through the American
Battlefield Protection Program.
``(2) Establishment.--The Secretary shall establish a
battlefield acquisition grant program under which the Secretary
may provide grants to eligible entities to pay the Federal
share of the cost of acquiring interests in eligible sites for
the preservation and protection of those eligible sites.
``(3) Nonprofit partners.--An eligible entity may acquire
an interest in an eligible site using a grant under this
subsection in partnership with a nonprofit organization.
``(4) Non-federal share.--The non-Federal share of the
total cost of acquiring an interest in an eligible site under
this subsection shall be not less than 50 percent.
``(5) Limitation on land use.--An interest in an eligible
site acquired under this subsection shall be subject to section
6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-8(f)(3)).
``(6) Reports.--
``(A) In general.--Not later than 5 years after the
date of enactment of this subparagraph, the Secretary
shall submit to Congress a report on the activities
carried out under this subsection.
``(B) Update of battlefield report.--Not later than
2 years after the date of enactment of this subsection,
the Secretary shall submit to Congress a report that
updates the Battlefield Report to reflect--
``(i) preservation activities carried out
at the 384 battlefields during the period
between publication of the Battlefield Report
and the update;
``(ii) changes in the condition of the
battlefields during that period; and
``(iii) any other relevant developments
relating to the battlefields during that
period.
``(7) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated to the Secretary from the Land and Water
Conservation Fund to provide grants under this
subsection $10,000,000 for each of fiscal years 2004
through 2008.
``(B) Update of battlefield report.--There is
authorized to be appropriated to the Secretary to carry
out paragraph (6)(B) $500,000.''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``as of'' and all
that follows through the period and inserting ``on
September 30, 2008.''; and
(B) in paragraph (2), by inserting ``and provide
battlefields acquisition grants'' after ``studies''. | Civil War Battlefield Preservation Act of 2002 - Amends the American Battlefield Protection Act of 1996 to direct the Secretary of the Interior, acting through the American Battlefield Protection Program, to establish a battlefield acquisition grant program under which the Secretary may provide grants to a State or local government (eligible entity) to pay the Federal share of the cost of acquiring interests in eligible sites for the preservation and protection of those sites.Permits an eligible entity to acquire an interest in an eligible site using a grant in partnership with a nonprofit organization. Subjects acquired property to the prohibition against conversion to other than public outdoor recreation uses, without the Secretary's approval.Requires the Secretary to submit to Congress a report that updates the Report on the Nation's Civil War Battlefields to reflect preservation activities and changes in the condition of the 384 battlefields.Extends the American Battlefield Protection Program through FY 2008. | {"src": "billsum_train", "title": "A bill to amend the American Battlefield Protection Act of 1996 to authorize the Secretary of the Interior to establish a battlefield acquisition grant program."} | 1,176 | 197 | 0.625072 | 1.706323 | 0.707893 | 4.568862 | 6.299401 | 0.892216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating BDS Act of 2017''.
SEC. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO
DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT,
DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL.
(a) State and Local Measures.--Notwithstanding any other provision
of law, a State or local government may adopt and enforce measures that
meet the requirements of subsection (b) to divest the assets of the
State or local government from, prohibit investment of the assets of
the State or local government in, or restrict contracting by the State
or local government for goods and services with--
(1) an entity that the State or local government
determines, using credible information available to the public,
knowingly engages in a commerce-related or investment-related
boycott, divestment, or sanctions activity targeting Israel;
(2) a successor entity or subunit of an entity described in
paragraph (1); or
(3) an entity that owns or controls, is owned or controlled
by, or is under common ownership or control with, an entity
described in paragraph (1).
(b) Requirements.--A State or local government that seeks to adopt
or enforce a measure under subsection (a) shall meet the following
requirements:
(1) Notice.--The State or local government shall provide
written notice to each entity to which a measure under
subsection (a) is to be applied.
(2) Timing.--The measure shall apply to an entity not
earlier than the date that is 90 days after the date on which
written notice is provided to the entity under paragraph (1).
(3) Opportunity for comment.--The State or local government
shall provide an opportunity to comment in writing to each
entity to which a measure is to be applied. If the entity
demonstrates to the State or local government that the entity
has not engaged in a commerce-related or investment-related
boycott, divestment, or sanctions activity targeting Israel,
the measure shall not apply to the entity.
(4) Sense of congress on avoiding erroneous targeting.--It
is the sense of Congress that a State or local government
should not adopt a measure under subsection (a) with respect to
an entity unless the State or local government has made every
effort to avoid erroneously targeting the entity and has
verified that the entity engages in a commerce-related or
investment-related boycott, divestment, or sanctions activity
targeting Israel.
(c) Notice to Department of Justice.--
(1) In general.--Except as provided in paragraph (2), not
later than 30 days after adopting a measure described in
subsection (a), the State or local government that adopted the
measure shall submit written notice to the Attorney General
describing the measure.
(2) Existing measures.--With respect to measures described
in subsection (a) adopted before the date of the enactment of
this Act, the State or local government that adopted the
measure shall submit written notice to the Attorney General
describing the measure not later than 30 days after the date of
the enactment of this Act.
(d) Nonpreemption.--A measure of a State or local government that
is consistent with subsection (a) is not preempted by any Federal law.
(e) Effective Date.--This section applies to any measure adopted by
a State or local government before, on, or after the date of the
enactment of this Act.
(f) Prior Enacted Measures.--
(1) In general.--Notwithstanding any other provision of
this section or any other provision of law, and except as
provided in paragraph (2), a State or local government may
enforce a measure described in subsection (a) adopted by the
State or local government before the date of the enactment of
this Act without regard to the requirements of subsection (b).
(2) Application of notice and opportunity for comment.--A
measure described in paragraph (1) shall be subject to the
requirements of subsection (b) on and after the date that is 2
years after the date of the enactment of this Act.
(g) Rules of Construction.--
(1) Authority of states.--Nothing in this section shall be
construed to abridge the authority of a State to issue and
enforce rules governing the safety, soundness, and solvency of
a financial institution subject to its jurisdiction or the
business of insurance pursuant to the Act of March 9, 1945 (59
Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known
as the ``McCarran-Ferguson Act'').
(2) Policy of the united states.--Nothing in this section
shall be construed to alter the established policy of the
United States concerning final status issues associated with
the Arab-Israeli conflict, including border delineation, that
can only be resolved through direct negotiations between the
parties.
(3) Scope of nonpreemption.--Nothing in this section shall
be construed as establishing a basis for preempting or implying
preemption of State measures relating to boycott, divestment,
or sanctions activity targeting Israel that are outside the
scope of subsection (a).
(h) Definitions.--In this section:
(1) Assets.--
(A) In general.--Except as provided in subparagraph
(B), the term ``assets'' means any pension, retirement,
annuity, or endowment fund, or similar instrument, that
is controlled by a State or local government.
(B) Exception.--The term ``assets'' does not
include employee benefit plans covered by title I of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.).
(2) Boycott, divestment, or sanctions activity targeting
israel.--The term ``boycott, divestment, or sanctions activity
targeting Israel'' means any activity that is intended to
penalize, inflict economic harm on, or otherwise limit
commercial relations with Israel or persons doing business in
Israel or in Israeli-controlled territories for purposes of
coercing political action by, or imposing policy positions on,
the Government of Israel.
(3) Entity.--The term ``entity'' includes--
(A) any corporation, company, business association,
partnership, or trust; and
(B) any governmental entity or instrumentality of a
government, including a multilateral development
institution (as defined in section 1701(c)(3) of the
International Financial Institutions Act (22 U.S.C.
262r(c)(3))).
(4) Investment.--The term ``investment'' includes--
(A) a commitment or contribution of funds or
property;
(B) a loan or other extension of credit; and
(C) the entry into or renewal of a contract for
goods or services.
(5) 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.
(6) State or local government.--The term ``State or local
government'' includes--
(A) any State and any agency or instrumentality
thereof;
(B) any local government within a State and any
agency or instrumentality thereof; and
(C) any other governmental instrumentality of a
State or locality.
SEC. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET
MANAGERS.
Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-13(c)(1)) is amended--
(1) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) engage in any boycott, divestment, or
sanctions activity targeting Israel described in
section 2 of the Combating BDS Act of 2017.''. | Combating BDS Act of 2017 This bill allows a state or local government to adopt and enforce measures to divest its assets from, prohibit investment of its assets in, or restrict contracting with: (1) an entity that engages in a commerce- or investment-related boycott, divestment, or sanctions activity targeting Israel; or (2) an entity that owns or controls, is owned or controlled by, or is under common ownership or control with such an entity. Such measures are not preempted by federal law. A state or local government that seeks to adopt or enforce such measures shall comply with specified requirements related to notice, timing, and opportunity for comment. In addition, the bill amends the Investment Company Act of 1940 to prohibit a person from bringing any civil, criminal, or administrative action against a registered investment company based solely upon that company's divestment from securities issued by a person that engages in a commerce- or investment-related boycott, divestment, or sanctions activity targeting Israel. | {"src": "billsum_train", "title": "Combating BDS Act of 2017"} | 1,843 | 226 | 0.69371 | 2.213183 | 0.92884 | 4.084656 | 8.560847 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Care for Vulnerable Older
Citizens through Workforce Advancement Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As of 2011, more than 35,000,000 Americans are aged 65
or older. Sixty-two percent of them suffer from multiple
chronic conditions which require person-centered, coordinated
care that helps them to live in a home- or community-based
setting. In 2007, 42 percent of Americans 65 and older reported
needing assistance performing Instrumental Activities of Daily
Living or Activities of Daily Living.
(2) Direct-care workers (referred to in this section as
``DCWs'') provide an estimated 70 to 80 percent of the paid
hands-on long-term care and personal assistance received by
elders and people with disabilities or other chronic conditions
in the United States. These workers help their clients bathe,
dress, and negotiate a host of other daily tasks. They are a
lifeline for those they serve, as well as for families and
friends struggling to provide quality care.
(3) Eldercare and disability services positions account for
nearly one-third of the 15,000,000 health care jobs in the
United States. The direct-care workforce alone accounts for
more than 3,000,000 jobs, expected to grow to more than
4,000,000 by 2018.
(4) The majority of DCWs are now employed in home and
community-based settings, and not in institutional settings
such as nursing care facilities or hospitals. By 2018, home and
community-based DCWs are likely to outnumber facility workers
by nearly 2 to 1.
(5) A 2008 Institute of Medicine report, entitled ``Re-
tooling for an Aging America: Building the Health Care
Workforce'', called for new models of care delivery and
coordination, and dedicated a chapter to the central importance
of the direct-care workforce in a ``re-tooled'' eldercare
delivery system.
(6) An Institute of Medicine report on the future of
nursing, released in October of 2010, recommended nurses should
practice to the full extent of their education and training.
The report also states that all health care professionals
should work collaboratively in team-based models, and that the
goal should be to encourage care models that use every member
of the team to the full capacity of his or her training and
skills.
(7) The Patient Protection and Affordable Care Act (Public
Law 111-148) emphasizes the need for improving care and
lowering costs by better coordination of care and integration
of services, particularly for consumers with multiple chronic
conditions. This will require developing new models of care for
those receiving long-term services and supports.
(8) A November 2010 focus group of DCWs examined the
concept of an advanced role for this workforce. About half of
the participants shared that they care for consumers who do not
have any family or other unpaid caregivers present, which often
requires them to assume an additional role as an advocate, with
those consumers often turning to them as a source of trusted
information and emotional support. All participants agreed that
consumers and family members frequently ask them to undertake
tasks that they would like to provide, but for which they have
not received proper training.
SEC. 3. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE
DELIVERY.
Part A of title IV of the Older Americans Act of 1965 (42 U.S.C.
3032 et seq.) is amended by adding at the end the following:
``SEC. 423. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE
DELIVERY.
``(a) Establishment of Demonstration Program.--
``(1) In general.--The Assistant Secretary shall carry out
a demonstration program in accordance with this section. Under
such program, the Assistant Secretary shall award grants to
eligible entities to carry out demonstration projects that
focus on care coordination and service delivery redesign for
older individuals with chronic illness or at risk of
institutional placement by--
``(A) designing and testing new models of care
coordination and service delivery that thoughtfully and
effectively deploy advanced aides to improve efficiency
and quality of care for frail older individuals; and
``(B) giving direct-care workers opportunities for
career advancement through additional training, an
expanded role, and increased compensation.
``(2) Direct-care worker.--In this section, the term
`direct-care worker' has the meaning given that term in the
2010 Standard Occupational Classifications of the Department of
Labor for Home Health Aides [31-1011], Psychiatric Aides [31-
1013], Nursing Assistants [31-1014], and Personal Care Aides
[39-9021].
``(b) Demonstration Projects.--The demonstration program shall be
composed of 6 demonstration projects, as follows:
``(1) Two demonstration projects shall focus on using the
abilities of direct-care workers to promote smooth transitions
in care and help to prevent unnecessary hospital readmissions.
Under these projects, direct-care workers shall be incorporated
as essential members of interdisciplinary care coordination
teams.
``(2) Two demonstration projects shall focus on maintaining
the health and improving the health status of those with
multiple chronic conditions and long-term care needs. Under
these projects, direct-care workers shall assist in monitoring
health status, ensuring compliance with prescribed care, and
educating and coaching the older individual involved and any
family caregivers.
``(3) Two demonstration projects shall focus on training
direct-care workers to take on deeper clinical responsibilities
related to specific diseases, including Alzheimer's and
dementia, congestive heart failure, and diabetes.
``(c) Eligible Entity.--In this section, the term `eligible entity'
means a consortium that consists of--
``(1) at least 1--
``(A) long-term care and rehabilitation facility;
or
``(B) home personal care service provider; and
``(2) at least 1--
``(A) hospital or health system;
``(B) labor organization or labor-management
partnership;
``(C) community-based aging service provider;
``(D) patient-centered medical home;
``(E) federally qualified health center;
``(F) managed care entity, including a managed
health and long-term care program;
``(G) entity that provides health services
training;
``(H) State-based public entity engaged in building
new roles and related curricula for direct-care
workers; or
``(I) any other entity that the Assistant Secretary
deems eligible based on integrated care criteria.
``(d) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Assistant Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, which shall include--
``(1) a description of the care coordination and service
delivery models of the entity, detailed on a general,
organizational, and staff level;
``(2) a description of how the demonstration project
carried out by the entity will improve care quality, including
specific objectives and anticipated outcomes that will be used
to measure success; and
``(3) a description of how the coordinated care team
approach with an enhanced role for the direct-care worker under
the demonstration project will increase efficiency and cost
effectiveness compared to past practice.
``(e) Planning Awards Under Demonstration Program.--
``(1) In general.--Each eligible entity that receives a
grant under this section shall receive a grant for planning
activities related to the demonstration project to be carried
out by the entity, including--
``(A) designing the implementation of the project;
``(B) identifying competencies and developing
curricula for the training of participating direct-care
workers;
``(C) developing training materials and processes
for other members of the interdisciplinary care team;
``(D) articulating a plan for identifying and
tracking cost savings gained from implementation of the
project and for achieving long-term financial
sustainability; and
``(E) articulating a plan for evaluating the
project.
``(2) Amount and term.--
``(A) Total amount.--The amount awarded under
paragraph (1) for all grants shall not exceed $600,000.
``(B) Term.--Activities carried out under a grant
awarded under paragraph (1) shall be completed not
later than 1 year after the grant is awarded.
``(f) Implementation Awards Under Demonstration Program.--
``(1) In general.--Each eligible entity may receive a grant
for implementation activities related to the demonstration
project to be carried out by the entity, if the Assistant
Secretary determines the entity--
``(A) has successfully carried out the activities
under the grant awarded under subsection (e);
``(B) offers a feasible plan for long-term
financial sustainability;
``(C) has constructed a meaningful model of
advancement for direct-care workers; and
``(D) aims to provide training to a sizeable number
of direct-care workers and to serve a sizeable number
of older individuals.
``(2) Use of funds.--The implementation activities
described under paragraph (1) shall include--
``(A) training of all care team members in
accordance with the design of the demonstration
project; and
``(B) evaluating the competency of all staff based
on project design.
``(3) Evaluation and report.--
``(A) Evaluation.--Each recipient of a grant under
paragraph (1), in consultation with an independent
evaluation contractor, shall evaluate--
``(i) the impact of training and deployment
of direct-care workers in advanced roles, as
described in this section, within each
participating entity on outcomes, such as
direct-care worker job satisfaction and
turnover, beneficiary and family caregiver
satisfaction with services, rate of
hospitalization of beneficiaries, and
additional measures determined by the
Secretary;
``(ii) the impact of such training and
deployment on the long-term services and
supports delivery system and resources;
``(iii) statement of the potential of the
use of direct-care workers in advanced roles to
lower cost and improve quality of care in the
Medicaid program; and
``(iv) long-term financial sustainability
of the model used under the grant and the
impact of such model on quality of care.
``(B) Reports.--Not later than 180 days after
completion of the demonstration program under this
section, each recipient of a grant under paragraph (1)
shall submit to the Secretary a report on the
implementation of activities conducted under the
demonstration project, including--
``(i) the outcomes, performance benchmarks,
lessons learned from the project;
``(ii) a statement of cost savings gained
from implementation of the project and how the
cost savings have been reinvested to improve
direct-care job quality and quality of care;
and
``(iii) results of the evaluation conducted
under subparagraph (A) with respect to such
activities, together with such recommendations
for legislation or administrative action for
expansion of the demonstration program on a
broader scale as the Secretary determines
appropriate.
``(4) Amount and term.--
``(A) Total amount.--The amount awarded under
paragraph (1) for all grants shall not exceed
$2,900,000.
``(B) Term.--Activities carried out under a grant
awarded under paragraph (1) shall be completed not
later than 2 years after the grant is awarded.''. | Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2011 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Aging of the Department of Health and Human Services (HHS) to carry out a demonstration program awarding grants to eligible entities to carry out demonstration projects that focus on care coordination and service delivery redesign for older individuals with chronic illness or at risk of institutional placement. | {"src": "billsum_train", "title": "A bill to amend the Older Americans Act of 1965 to develop and test an expanded and advanced role for direct care workers who provide long-term services and supports to older individuals in efforts to coordinate care and improve the efficiency of service delivery."} | 2,465 | 92 | 0.373191 | 0.94213 | 0.939449 | 5.263158 | 32.131579 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Devil's Staircase Wilderness Act of
2011''.
SEC. 2. DESIGNATION OF WILDERNESS AREA, DEVIL'S STAIRCASE WILDERNESS,
OREGON.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the Federal land in the State of Oregon
administered by the Forest Service and the Bureau of Land Management,
comprising approximately 30,520 acres, as generally depicted on the map
titled ``Devil's Staircase Wilderness Proposal'', dated October 26,
2009, are designated as a wilderness area for inclusion in the National
Wilderness Preservation System and to be known as the ``Devil's
Staircase Wilderness''.
(b) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file with the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and legal
description of wilderness area designated by subsection (a). The map
and legal description shall have the same force and effect as if
included in this Act, except that the Secretary may correct clerical
and typographical errors in the map and description. In the case of any
discrepancy between the acreage specified in subsection (a) and the
map, the map shall control. The map and legal description shall be on
file and available for public inspection in the Office of the Chief of
the Forest Service.
SEC. 3. ADMINISTRATION.
(a) In General.--Subject to valid existing rights, the Devil's
Staircase Wilderness Area shall be administered by the Secretaries of
Agriculture and the Interior, in accordance with the Wilderness Act and
the Oregon Wilderness Act of 1984, except that, with respect to the
wilderness area, any reference in the Wilderness Act to the effective
date of that Act shall be deemed to be a reference to the date of the
enactment of this Act.
(b) Forest Service Roads.--As provided in section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of Agriculture
shall--
(1) decommission any National Forest System road within the
wilderness boundaries; and
(2) convert Forest Service Road 4100 within the wilderness
boundary to a trail for primitive recreational use.
SEC. 4. INCORPORATION OF ACQUIRED LAND AND INTERESTS.
Any land within the boundary of the wilderness area designated by
this Act that is acquired by the United States shall--
(1) become part of the Devil's Staircase Wilderness Area;
and
(2) be managed in accordance with this Act and any other
applicable law.
SEC. 5. FISH AND WILDLIFE.
Nothing in this Act shall be construed as affecting the
jurisdiction or responsibilities of the State of Oregon with respect to
wildlife and fish in the national forests.
SEC. 6. BUFFER ZONES.
(a) In General.--As provided in the Oregon Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-328), Congress does not intend for
designation of the wilderness area under this Act to lead to the
creation of protective perimeters or buffer zones around the wilderness
area.
(b) Activities or Uses up to Boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from within a
wilderness area shall not, of itself, preclude the activities or uses
up to the boundary of the wilderness area.
SEC. 7. WITHDRAWAL.
Subject to valid rights in existence on the date of enactment of
this Act, the Federal land designated as wilderness area by this Act is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 8. PROTECTION OF TRIBAL RIGHTS.
Nothing in this Act shall be construed to diminish--
(1) the existing rights of any Indian tribe; or
(2) tribal rights regarding access to Federal lands for
tribal activities, including spiritual, cultural, and
traditional food gathering activities.
SEC. 9. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN
CREEK, OREGON.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by inserting the following paragraphs:
``(__) Franklin creek, oregon.--The 4.5-mile segment from
the headwaters to the private land boundary in section 8 to be
administered by the Secretary of Agriculture as a wild river.
``(__) Wasson creek, oregon.--
``(A) The 4.2-mile segment from the eastern edge of
section 17 downstream to the boundary of sections 11
and 12 to be administered by the Secretary of Interior
as a wild river.
``(B) The 5.9-mile segment downstream from the
boundary of sections 11 and 12 to the private land
boundary in section 22 to be administered by the
Secretary of Agriculture as a wild river.''. | Devil's Staircase Wilderness Act of 2011 - Designates certain federal land in Oregon as the Devil's Staircase Wilderness and as a wilderness area for inclusion in the National Wilderness Preservation System.
Amends the Wild and Scenic Rivers Act to designate Franklin and Wasson Creeks in Oregon as wild rivers and as components of the Wild and Scenic Rivers System. | {"src": "billsum_train", "title": "To provide for the designation of the Devil's Staircase Wilderness Area in the State of Oregon, to designate segments of Wasson and Franklin Creeks in the State of Oregon as wild or recreation rivers, and for other purposes."} | 1,207 | 90 | 0.515473 | 1.358158 | 0.647369 | 3.875 | 16.21875 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biological Implant Tracking and
Veteran Safety Act of 2015''.
SEC. 2. IDENTIFICATION AND TRACKING OF BIOLOGICAL IMPLANTS USED IN
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330B. Identification and tracking of biological implants
``(a) Standard Identification System for Biological Implants.--(1)
The Secretary shall adopt the unique device identification system
developed for medical devices by the Food and Drug Administration
pursuant to section 519(f) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360i(f)), or implement a comparable standard identification
system, for use in identifying biological implants intended for use in
medical procedures conducted in medical facilities of the Department.
``(2) In adopting or implementing a standard identification system
for biological implants under paragraph (1), the Secretary shall permit
a vendor to use any of the accredited entities identified by the Food
and Drug Administration as an issuing agency pursuant to section
830.100 of title 21, Code of Federal Regulations, or any successor
regulation.
``(b) Biological Implant Tracking System.--(1) The Secretary shall
implement a system for tracking the biological implants referred to in
subsection (a) from human donor or animal source to implantation. Such
system shall be compatible with the identification system adopted or
implemented under subsection (a).
``(2) The Secretary shall implement inventory controls compatible
with the tracking system implemented under paragraph (1) so that all
patients who have received, in a medical facility of the Department, a
biological implant subject to a recall can be notified of the recall,
if based on the evaluation of appropriate medical personnel of the
Department of the risks and benefits, the Secretary determines such
notification is appropriate.
``(c) Consistency With Food and Drug Administration Regulations.--
To the extent that a conflict arises between this section and a
provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) or sections 351 or 361 of the Public Health Service Act (42
U.S.C. 262) (including any regulations issued under such Acts), the
provision the Federal Food, Drug, and Cosmetic Act or Public Health
Service Act (including any regulations issued under such Acts) shall
apply.
``(d) Definition of Biological Implant.--In this section, the term
`biological implant' means any animal or human cell, tissue, or
cellular or tissue-based product--
``(1) under the meaning given the term `human cells' in
section 1271.3 of title 21, Code of Federal Regulations, or any
successor regulation; or
``(2) that is regulated as a device under section 201(h) of
the Federal Food, Drug, and Cosmetic Act.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end of the items relating to
such subchapter the following new item:
``7330B. Identification and tracking of biological implants.''.
(c) Implementation Deadlines.--
(1) Standard identification system.--
(A) In general.--With respect to biological
implants described in paragraph (1) of subsection (d)
of section 7330B of title 38, United States Code, as
added by subsection (a), the Secretary of Veterans
Affairs shall adopt or implement a standard
identification system for biological implants, as
required by subsection (a) of such section, by not
later than the date that is 180 days after the date of
the enactment of this Act.
(B) Implants regulated as devices.--With respect to
biological implants described in paragraph (2) of
subsection (d) of such section, the Secretary of
Veterans Affairs shall adopt or implement such standard
identification system in compliance with the compliance
dates established by the Food and Drug Administration
pursuant to section 519(f) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360i(f)).
(2) Tracking system.--The Secretary of Veterans Affairs
shall implement the biological implant tracking system required
by subsection (b) of section 7330B, as added by subsection (a),
by not later than the date that is 180 days after the date of
the enactment of this Act.
(d) Reporting Requirement.--If the biological implant tracking
system required by subsection (b) of such section is not operational by
the date that is 180 days after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall provide to the Committees on
Veterans' Affairs of the Senate and House of Representatives a written
explanation for each month until such time as the system is
operational. Each such explanation shall describe each impediment to
the implementation of the system, steps being taken to remediate each
such impediment, and target dates for a solution to each such
impediment.
SEC. 3. PROCUREMENT OF BIOLOGICAL IMPLANTS USED IN DEPARTMENT OF
VETERANS AFFAIRS MEDICAL FACILITIES.
(a) Procurement.--
(1) In general.--Subchapter II of chapter 81 of such title
is amended by adding at the end the following new section:
``Sec. 8129. Procurement of biological implants
``(a) In General.--(1) The Secretary may procure biological
implants of human origin only from vendors that meet the following
conditions:
``(A) The vendor uses the standard identification system
adopted or implemented by the Secretary under section 7330B(a)
of this title and has safeguards to ensure that a production
identifier has been in place at each step of distribution of
each biological implant from its donor.
``(B) The vendor is registered as required by the Food and
Drug Administration under subpart B of part 1271 of title 21,
Code of Federal Regulations, or any successor regulation, and
in the case of a vendor that uses a tissue distribution
intermediary or a tissue processor, the vendor provides
assurances that the tissue distribution intermediary or tissue
processor is registered as required by the Food and Drug
Administration.
``(C) The vendor ensures that donor eligibility
determinations and such other records as the Secretary may
require accompany each biological implant at all times,
regardless of the country of origin of the donor of the
biological material.
``(D) The vendor consents to periodic inspections and
audits by the Secretary regarding the accuracy of records and
the handling of products.
``(E) The vendor agrees to cooperate with all biological
implant recalls conducted on the vendor's own initiative, on
the initiative of the original product manufacturer used by the
vendor, by the request of the Food and Drug Administration, or
by a statutory order of the Food and Drug Administration.
``(F) The vendor agrees to notify the Secretary of any
adverse event or reaction report it provides to the Food and
Drug Administration, as required by section 1271.3 of title 21,
Code of Federal Regulations, or any successor regulation, or of
any warning letter from the Food and Drug Administration issued
to the vendor or a tissue processor or tissue distribution
intermediary it uses by not later than 60 days after the vendor
receives such report or warning letter.
``(G) The vendor agrees to retain all records associated
with the procurement of a biological implant by the Department
for at least five years after the date of the procurement of
the biological implant.
``(H) The vendor provides assurances that the biological
implants provided by the vendor are acquired only from tissue
processors that maintain active accreditation with the American
Association of Tissue Banks or a similar national accreditation
specific to biological implants.
``(2) The Secretary may procure biological implants of non-human
origin only from vendors that meet the following conditions:
``(A) The vendor uses the standard identification system
adopted or implemented by the Secretary under section 7330B(a)
of this title.
``(B) The vendor is registered as required by the Food and
Drug Administration under section 807.3(c) of title 21, Code of
Federal Regulations, or any successor regulation, and in the
case of a vendor that is not the original product manufacturer
of such implants the vendor provides assurances that the
original product manufacturer is registered as required by the
Food and Drug Administration.
``(C) The vendor consents to periodic inspections and
audits by the Secretary regarding the accuracy of records and
the handling of products.
``(D) The vendor agrees to cooperate with all biological
implant recalls conducted on the vendor's own initiative, on
the initiative of the original product manufacturer used by the
vendor, by the request of the Food and Drug Administration, or
by a statutory order of the Food and Drug Administration.
``(E) The vendor agrees to notify the Secretary of any
adverse event report it provides to the Food and Drug
Administration as required in 21 C.F.R. part 803 or any warning
letter from the Food and Drug Administration issued to the
vendor or the original product manufacturer it uses by not
later than 60 days after the vendor receives such report or
warning letter.
``(F) The vendor agrees to retain all records associated
with the procurement of a biological implant by the Department
for at least five years after the date of the procurement of
the biological implant.
``(3) The Secretary shall procure biological implants under the
Federal Supply Schedules of the General Services Administration, unless
such implants are not available under such Schedules. For biological
implants listed on the Federal Supply Schedules, the Secretary shall
accommodate reasonable vendor requests to undertake outreach efforts to
educate medical professionals of the Department about the use and
efficacy of such biological implants.
``(4) Section 8123 of this title shall not apply to the procurement
of biological implants.
``(5) In the case of biological implants that are unavailable for
procurement under the Federal Supply Schedules, the Secretary shall
procure such implants using competitive procedures in accordance with
applicable law and the Federal Acquisition Regulation.
``(b) Penalties.--In addition to any applicable penalty under any
other provision of law, any procurement employee of the Department who
is found responsible for a biological implant procurement transaction
with intent to avoid or with reckless disregard of the requirements of
this section shall be ineligible to hold a certificate of appointment
as a contracting officer or to serve as the representative of an
ordering officer, contracting officer, or purchase card holder.
``(c) Definitions.--In this section:
``(1) The term `biological implant' shall have the meaning
given such term in section 7330B(d) of this title.
``(2) The term `production identifier' means a distinct
identification code that--
``(A) relates a biological implant to the human
donor of the implant and to all records pertaining to
the implant;
``(B) includes information designed to facilitate
effective tracking, using the distinct identification
code, from the donor to the recipient and from the
recipient to the donor; and
``(C) satisfies the requirements of subsection (c)
of section 1271.290 of title 21, Code of Federal
Regulations, or any successor regulation.
``(3) The term `tissue distribution intermediary' means an
agency that acquires and stores human tissue for further
distribution and performs no other tissue banking functions.
``(4) The term `tissue processor' means an entity
processing human tissue for use in biological implants
including activities performed on tissue other than donor
screening, donor testing, tissue recovery and collection
functions, storage, or distribution.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end of
the items relating to such subchapter the following new item:
``8129. Procurement of biological implants.''.
(b) Effective Date.--Section 8129 of title 38, United States Code,
as added by subsection (a), shall take effect on the date that is 180
days after the date on which the tracking system required under
subsection (b) of section 7330B of such title, as added by section 2(a)
is implemented.
(c) Special Rule for Cryopreserved Products.--During the three-year
period beginning on the effective date of section 8129 of title 38,
United States Code, as added by subsection (a), biological implants
produced and labeled before that date may be procured by the Department
of Veterans Affairs without relabeling under the standard
identification system adopted or implemented under section 7330B of
such title, as added by section 2(a). | Biological Implant Tracking and Veteran Safety Act of 2015 Directs the Department of Veterans Affairs (VA) to: (1) adopt the unique device identification system developed for medical devices by the Food and Drug Administration (FDA), or implement a comparable standard identification system, for identifying biological implants intended for use in medical procedures conducted in VA medical facilities; (2) permit a vendor to use any of the accredited entities identified by the FDA as an issuing agency in adopting or implementing such a system; (3) implement a compatible system for tracking the implants from the human donor or animal source to implantation; and (4) implement inventory controls compatible with such tracking system so that all patients who have received, in a VA medical facility, a biological implant subject to a recall by the FDA can be notified of the recall. Sets forth requirements for vendors from which the VA may procure biological implants of human origin, and for vendors from which the VA may procure biological implants of non-human origin, including that such a vendor: uses the standard identification system adopted or implemented by VA under this Act; is registered as required by FDA procedures; consents to periodic inspections and audits by the VA regarding the accuracy of records and the handling of products; agrees to cooperate with all biological implant recalls conducted on the vendor's own initiative, on the initiative of the original product manufacturer used by the vendor, by the request of the FDA, or by a statutory order of the FDA; agrees to notify the VA of any adverse event report it provides to the FDA, or of any warning letter from the FDA issued to the vendor, by not later than 60 days after the vendor receives such report or warning letter; and agrees to retain all records associated with the procurement of a biological implant by the VA for at least five years after the date of the procurement. Requires the VA to: (1) procure such implants under General Services Administration Federal Supply Schedules if they are available under such Schedules, (2) accommodate reasonable vendor requests to undertake specified outreach efforts to educate VA medical professionals about the use and efficacy of implants that are listed on such Schedules, and (3) procure biological implants that are unavailable under such Schedules using competitive procedures in accordance with the Federal Acquisition Regulation. Makes any VA procurement employee found responsible for a biological implant procurement transaction with intent to avoid, or with reckless disregard of, the requirements of this Act ineligible to hold a certificate of appointment as a contracting officer or to serve as the representative of an ordering officer, contracting officer, or purchase card holder. | {"src": "billsum_train", "title": "Biological Implant Tracking and Veteran Safety Act of 2015"} | 2,769 | 551 | 0.678649 | 2.270197 | 0.758735 | 5.064961 | 5.127953 | 0.931102 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Clarifying Commercial Real Estate
Loans''.
SEC. 2. CAPITAL REQUIREMENTS FOR CERTAIN ACQUISITION, DEVELOPMENT, OR
CONSTRUCTION LOANS.
The Federal Deposit Insurance Act is amended by adding at the end
the following new section:
``SEC. 51. CAPITAL REQUIREMENTS FOR CERTAIN ACQUISITION, DEVELOPMENT,
OR CONSTRUCTION LOANS.
``(a) In General.--The appropriate Federal banking agencies may
only subject a depository institution to higher capital standards with
respect to a high volatility commercial real estate (HVCRE) exposure
(as such term is defined under section 324.2 of title 12, Code of
Federal Regulations, as of October 11, 2017, or if a successor
regulation is in effect as of the date of the enactment of this
section, such term or any successor term contained in such successor
regulation) if such exposure is an HVCRE ADC loan.
``(b) HVCRE ADC Loan Defined.--For purposes of this section and
with respect to a depository institution, the term `HVCRE ADC loan'--
``(1) means a credit facility secured by land or improved
real property that, prior to being reclassified by the
depository institution as a Non-HVCRE ADC loan pursuant to
subsection (d)--
``(A) primarily finances, has financed, or
refinances the acquisition, development, or
construction of real property;
``(B) has the purpose of providing financing to
acquire, develop, or improve such real property into
income-producing real property; and
``(C) is dependent upon future income or sales
proceeds from, or refinancing of, such real property
for the repayment of such credit facility;
``(2) does not include a credit facility financing--
``(A) the acquisition, development, or construction
of properties that are--
``(i) one- to four-family residential
properties;
``(ii) real property that would qualify as
an investment in community development; or
``(iii) agricultural land;
``(B) the acquisition or refinance of existing
income-producing real property secured by a mortgage on
such property, if the cash flow being generated by the
real property is sufficient to support the debt service
and expenses of the real property, as determined by the
depository institution, in accordance with the
institution's applicable loan underwriting criteria for
permanent financings;
``(C) improvements to existing income-producing
improved real property secured by a mortgage on such
property, if the cash flow being generated by the real
property is sufficient to support the debt service and
expenses of the real property, as determined by the
depository institution, in accordance with the
institution's applicable loan underwriting criteria for
permanent financings; or
``(D) commercial real property projects in which--
``(i) the loan-to-value ratio is less than
or equal to the applicable maximum supervisory
loan-to-value ratio as determined by the
appropriate Federal banking agency; and
``(ii) the borrower has contributed capital
of at least 15 percent of the real property's
appraised, `as completed' value to the project
in the form of--
``(I) cash;
``(II) unencumbered readily
marketable assets;
``(III) paid development expenses
out-of-pocket; or
``(IV) contributed real property or
improvements; and
``(iii) the borrower contributed the
minimum amount of capital described under
clause (ii) before the depository institution
advances funds under the credit facility, and
such minimum amount of capital contributed by
the borrower is contractually required to
remain in the project until the credit facility
has been reclassified by the depository
institution as a Non-HVCRE ADC loan under
subsection (d);
``(3) does not include any loan made prior to January 1,
2015; and
``(4) does not include a credit facility reclassified as a
Non-HVCRE ADC loan under subsection (d).
``(c) Value of Contributed Real Property.--For purposes of this
section, the value of any real property contributed by a borrower as a
capital contribution shall be the appraised value of the property as
determined under standards prescribed pursuant to section 1110 of the
Financial Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 3339), in connection with the extension of the credit
facility or loan to such borrower.
``(d) Reclassification as a Non-HVCRE ADC Loan.--For purposes of
this section and with respect to a credit facility and a depository
institution, upon--
``(1) the completion of the development or construction of
the real property being financed by the credit facility; and
``(2) cash flow being generated by the real property being
sufficient to support the debt service and expenses of the real
property,
in either case to the satisfaction of the depository institution, in
accordance with the institution's applicable loan underwriting criteria
for permanent financings, the credit facility may be reclassified by
the depository institution as a Non-HVCRE ADC loan.''. | Clarifying Commercial Real Estate Loans This bill amends the Federal Deposit Insurance Act to specify that a federal banking agency may not subject a depository institution to higher capital standards with respect to a high-volatility commercial real-estate (HVCRE) exposure unless the exposure is an HVCRE acquisition, development, or construction (ADC) loan. An HVCRE ADC loan is a one that: (1) is secured by land or improved real property; (2) has the purpose of providing financing to acquire, develop, or improve the real property such that the property becomes income-producing; and (3) is dependent upon future income or sales proceeds from, or refinancing of, the real property for the repayment of the loan. An HVCRE ADC loan does not include financing for a one- to four-family residential property, agricultural land, real property that would qualify as an investment in community development, existing income-producing real property secured by a mortgage, or certain commercial real-property projects. Furthermore, such a loan does not include any loan made prior to January 1, 2015. A depository institution may reclassify a loan as a non-HVCRE ADC loan if the depository institution is satisfied that: (1) the acquisition, development, or improvement of real property being financed by the loan is complete; and (2) the cash flow being generated by the real property is sufficient to support the debt service and expenses of the real property. | {"src": "billsum_train", "title": "Clarifying Commercial Real Estate Loans"} | 1,180 | 357 | 0.737157 | 2.408399 | 0.991511 | 4.468635 | 3.97048 | 0.948339 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety Of Untested and New Devices
Act of 2012'' or the ``SOUND Devices Act of 2012''.
SEC. 2. PREDICATE DEVICES THAT HAVE BEEN RECALLED, CORRECTED, OR
REMOVED FROM THE MARKET.
(a) Submission of Information by Persons Seeking Substantial
Equivalence Determination.--Section 513(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360c(i)) is amended--
(1) by redesignating paragraph (3) as paragraph (5); and
(2) by striking paragraph (2) and inserting the following:
``(2)(A) Any person seeking a determination of substantial
equivalence under subsection (f) or section 520(l) for a device shall
submit to the Secretary information (to the extent such information is
readily available) on the market status of--
``(i) each predicate device; and
``(ii) each device in the full device lineage (as defined
in subparagraph (C)).
``(B) With respect to each device described in clause (i) or (ii)
of subparagraph (A), the information required to be submitted under
subparagraph (A) shall specify--
``(i) whether the device has been corrected or removed from
the market;
``(ii) if so, the basis for such correction or removal,
including whether such correction or removal was because of an
intrinsic flaw in technology or design that adversely affects
safety; and
``(iii) why the device for which a substantial equivalence
determination is sought does not share any such intrinsic flaw.
``(C) In this paragraph, the term `device in the full device
lineage' means a device for which a substantial equivalence
determination was made leading to a substantial equivalence
determination for a predicate device referred to in subparagraph
(A)(i).''.
(b) Rejecting Claims of Substantial Equivalence.--Section 513(i) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)), as
amended, is further amended by inserting after paragraph (2) the
following:
``(3) The Secretary--
``(A) shall not find a device to be substantially
equivalent to a predicate device that has been--
``(i) removed from the market at the initiative of
the Secretary; or
``(ii) determined to be misbranded or adulterated
by judicial order;
``(B) may reject a claim that a device is substantially
equivalent to a predicate device if--
``(i) the predicate device, or any device in a
series of one or more devices for which a substantial
equivalence determination was made leading to a
substantial equivalence determination for the predicate
device, has been corrected or removed from the market--
``(I) at the initiative of the sponsor; or
``(II) under any other circumstance not
covered by subparagraph (A); and
``(ii) the correction or removal is due, in whole
or in part, to an intrinsic flaw in technology or
design that adversely affects safety;
``(C) may reject a claim that a device is substantially
equivalent to a predicate device if--
``(i) the Secretary is in the process of rescinding
the clearance granted under section 510(k), issuing or
amending an order under section 518(e) (relating to
recall authority), or taking any other regulatory
action because of an intrinsic flaw in technology or
design that adversely affects safety, with respect to--
``(I) the predicate device; or
``(II) any device in the full predicate
device lineage (meaning any device for which a
substantial equivalence determination was made
leading to a substantial equivalence
determination for the predicate device); or
``(ii) the manufacturer or importer of a device
described in subclause (I) or (II) of clause (i) is in
the process of correcting or removing the device from
the market; and
``(D) may reject a claim that a device is substantially
equivalent to a predicate device if the predicate device has
been corrected or removed from the market and the manufacturer
or importer of the predicate failed to submit notice of such
correction or removal in accordance with section 519(g).''.
(c) Database on Eligible Predicate Devices.--Section 513(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)), as amended,
is further amended by inserting after paragraph (3) the following:
``(4)(A) The Secretary shall maintain an up-to-date database that
can be used by the Secretary for purposes of determining whether
devices are eligible under paragraph (3) for use as a predicate device.
``(B) The Secretary shall determine whether a device is eligible
under paragraph (3) for use as a predicate device, and shall make
appropriate updates to the database under this paragraph, whenever--
``(i) the Secretary issues, vacates, or amends an order for
a device under section 518(e) (relating to recall authority);
``(ii) the manufacturer or importer of a device reports a
correction or removal of a device under subsection (g) or (h)
of section 519; or
``(iii) the Secretary otherwise learns of a correction or
removal of a device (as such terms are used in subsections (g)
and (h) of section 519).
``(C) Upon making a determination required by subparagraph (B), the
Secretary shall include in the database under this paragraph
information, to the extent such information is available to the
Secretary, about the reason for the order, correction, or removal.
``(D) The Secretary shall publish notice of each determination
under subparagraph (B).''.
(d) Reports of Corrections and Removals.--
(1) In general.--Section 519 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360i) is amended by adding at the end
the following:
``(h) Inclusion of Root Cause Analysis in Reports of Removals and
Corrections.--
``(1) Requirement.--Whenever a manufacturer or importer of
a device is required to submit a report under subsection (g) on
a corrective action or removal of the device, and whenever a
manufacturer or importer would be so required but for
submitting a report under subsection (a) on a corrective action
or removal of the device, the manufacturer or importer shall
submit, as an addendum to the submitted report, the root cause
assessment of each device defect leading to the corrective
action or removal.
``(2) Timing.--An addendum required by paragraph (1) shall
be submitted to the Secretary promptly, and not later than 90
days after the corrective action or removal.''.
(2) Reports for devices in same lineage as devices subject
to corrections and removals.--
(A) Authority to order reports.--Section 519 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i),
as amended, is further amended by adding at the end the
following:
``(i) Reports for Devices in Same Lineage as Devices Subject to
Corrections and Removals.--
``(1) In general.--When a device is corrected or removed
from the market because of an intrinsic flaw in technology or
design that adversely affects safety--
``(A) the Secretary may order the manufacturer or
importer of each device in the same lineage which
continues to be marketed to submit a report described
in paragraph (2); and
``(B) not later than 30 days after receipt of such
an order, the manufacturer or importer of each such
device shall submit the report.
``(2) Report contents.--A report described in this
paragraph shall--
``(A) state whether the device for which the report
is submitted shares any intrinsic flaw in technology or
design associated with the device which is corrected or
removed from the market; and
``(B) if not, explain why the device for which the
report is submitted does not share any such intrinsic
flaw.
``(3) Definition.--In this subsection, the term `device in
the same lineage' refers to a device if--
``(A) a substantial equivalence determination was
made for the device corrected or removed from the
market; and
``(B) such determination leads to a substantial
equivalence determination for the device involved.''.
(B) Conforming amendment.--Section 303(f)(1)(B) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333(f)(1)(B)) is amended by striking ``or 519(g)'' and
inserting ``, 519(g), or 519(h)''.
(e) Review of Previously Cleared Life-Sustaining, Life-Supporting,
or Implantable Devices.--
(1) Review.--The Secretary shall conduct a review of all
covered devices to identify any such devices with respect to
which a predicate device, or any device in the full device
lineage, has been corrected or removed from the market pursuant
to a Class I or Class II recall.
(2) Priority.--In conducting the review under paragraph
(1), the Secretary shall prioritize--
(A) the review of covered devices that pose the
highest risk to patients; and
(B) the identification of covered devices that
share with another device an intrinsic flaw in
technology or design that--
(i) adversely affects safety; and
(ii) led to the correction or removal from
the market of the other device.
(3) Report.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall submit a report to
the Congress on the progress made by the Secretary in
implementing this subsection.
(4) Definitions.--In this subsection:
(A) The terms ``Class I'', ``Class II'', and
``recall'' have the meanings given to such terms in
section 7.3 of title 21, Code of Federal Regulations
(or any successor regulations).
(B) The term ``covered device'' means a device (as
defined in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321)) that--
(i) is cleared under section 510(k) of such
Act (21 U.S.C. 360(k)) before the effective
date of the amendments made by subsections (a)
through (d);
(ii) is life-sustaining, life-supporting,
or implantable; and
(iii) continues to be marketed.
(C) The term ``device in the full device lineage''
means a device for which a substantial equivalence
determination was made leading to a substantial
equivalence determination for a predicate device
referred to in paragraph (1).
(D) The term ``Secretary'' means the Secretary of
Health and Human Services, acting through the
Commissioner of Food and Drugs. | Safety Of Untested and New Devices Act of 2012 or the SOUND Devices Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to require a medical device company seeking approval of a new device based on a determination of substantial equivalence to a predicate device to inform the Food and Drug Administration (FDA) if any predicate lineage products have harmed device recipients and to explain how the current device avoids past flaws.
Prohibits finding a new device substantially equivalent to a predicate device if the predicate has been removed from the market by the Secretary of Health and Human Services (HHS) or determined to be misbranded or adulterated by judicial order.
Permits the FDA to reject a claim of substantial equivalency for a device whose predicate has been corrected or removed from the market by its sponsor.
Requires the Secretary to maintain an up-to-date database for purposes of determining whether devices are eligible for use as a predicate device.
Requires each manufacturer's corrective action or removal of device report to contain the root cause of each defect leading to the corrective action or removal.
Requires a manufacturer's report for devices in the same lineage as devices that have been subject to corrections or removals and requires such report to explain why the subsequent device does not share the flaws of its predecessor device.
Requires the Secretary to conduct a review of all covered devices to identify any such devices with respect to which a predicate device, or any device in the full device lineage, has been corrected or removed from the market pursuant to a Class I or Class II recall. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to ensure that a medical device is not marketed based on a determination that the device is substantially equivalent to a predicate device that has been recalled, corrected, or removed from the market because of an intrinsic flaw in technology or design that adversely affects safety, and for other purposes."} | 2,609 | 383 | 0.659518 | 1.921854 | 0.752082 | 4.249169 | 7.548173 | 0.880399 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farmington Wild and Scenic River
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Public Law 99-590 authorized the study of 2 segments of the
West Branch of the Farmington River, including an 11-mile headwater
segment in Massachusetts and the uppermost 14-mile segment in
Connecticut, for potential inclusion in the National Wild and
Scenic Rivers System, and created the Farmington River Study
Committee, consisting of representatives from the 2 States, the
towns bordering the 2 segments, and other river interests, to
advise the Secretary of the Interior in conducting the study and
concerning management alternatives should the river be included in
the National Wild and Scenic Rivers System;
(2) the study determined that both segments of the river are
eligible for inclusion in the National Wild and Scenic Rivers
System based upon their free-flowing condition and outstanding
fisheries, recreation, wildlife, and historic values;
(3) the towns that directly abut the Connecticut segment
(Hartland, Barkhamsted, New Hartford, and Canton), as well as the
Town of Colebrook, which abuts the segment's major tributary, have
demonstrated their desire for national wild and scenic river
designation through town meeting actions endorsing designation; in
addition, the 4 abutting towns have demonstrated their commitment
to protect the river through the adoption of ``river protection
overlay districts'', which establish a uniform setback for new
structures, new septic systems, sand and gravel extraction, and
vegetation removal along the entire length of the Connecticut
segment;
(4) during the study, the Farmington River Study Committee and
the National Park Service prepared a comprehensive management plan
for the Connecticut segment (the ``Upper Farmington River
Management Plan'', dated April 29, 1993) which establishes
objectives, standards, and action programs that will ensure long-
term protection of the river's outstanding values and compatible
management of its land and water resources, without Federal
management of affected lands not owned by the United States;
(5) the Farmington River Study Committee voted unanimously on
April 29, 1993, to adopt the Upper Farmington River Management Plan
and to recommend that Congress include the Connecticut segment in
the National Wild and Scenic Rivers System in accordance with the
spirit and provisions of the Upper Farmington River Management
Plan, and to recommend that, in the absence of town votes
supporting designation, no action be taken regarding wild and
scenic river designation of the Massachusetts segment; and
(6) the Colebrook Dam and Goodwin Dam hydroelectric projects
are located outside the river segment designated by section 3, and
based on the study of the Farmington River pursuant to Public Law
99-590, continuation of the existing operation of these projects as
presently configured, including associated transmission lines and
other existing project works, is compatible with the designation
made by section 3 and will not unreasonably diminish the scenic,
recreational, and fish and wildlife values of the segment
designated by such section as of the date of enactment of this Act.
SEC. 3. DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding the following new paragraph at the end thereof:
``( ) Farmington River, Connecticut.--The 14-mile segment of the
West Branch and mainstem extending from immediately below the Goodwin
Dam and Hydroelectric Project in Hartland, Connecticut, to the
downstream end of the New Hartford-Canton, Connecticut, town line
(hereinafter in this paragraph referred to as the `segment'), as a
recreational river, to be administered by the Secretary of the Interior
through cooperative agreements between the Secretary of the Interior
and the State of Connecticut and its relevant political subdivisions,
namely the Towns of Colebrook, Hartland, Barkhamsted, New Hartford, and
Canton and the Hartford Metropolitan District Commission, pursuant to
sec- tion 10(e) of this Act. The segment shall be managed in accordance
with the Upper Farmington River Management Plan, dated April 29, 1993,
and such amendments thereto as the Secretary of the Interior determines
are consistent with this Act. Such plan shall be deemed to satisfy the
requirement for a comprehensive management plan pursuant to section
3(d) of this Act.''.
SEC. 4. MANAGEMENT.
(a) Committee.--The Director of the National Park Service, or his
or her designee, shall represent the Secretary on the Farmington River
Coordinating Committee provided for in the plan.
(b) Federal.--(1) In order to provide for the long-term protection,
preservation, and enhancement of the river segment designated by
section 3, the Secretary, pursuant to section 10(e) of the Wild and
Scenic Rivers Act, shall offer to enter into cooperative agreements
with the State of Connecticut and its relevant political subdivisions
identified in the amendment made by such section 3 and, pursuant to
section 11(b)(1) of such Act, shall make a similar offer to the
Farmington River Watershed Association. The Secretary, pursuant to such
section 11(b)(1), also may enter into cooperative agreements with other
parties who may be represented on the Committee. All cooperative
agreements provided for in this Act shall be consistent with the Plan,
and may include provisions for financial or other assistance from the
United States to facilitate the long-term protection, conservation, and
enhancement of the segment designated by such section 3 and the
implementation of the Plan.
(2) The Secretary may provide technical assistance, staff support,
and funding to assist in the implementation of the Plan.
(3) Implementation of this Act through cooperative agreements as
described in paragraph (2) of this subsection shall not constitute
National Park Service administration of the segment designated by
section 3 for purposes of section 10(c) of the Wild and Scenic Rivers
Act, and shall not cause such segment to be considered as being a unit
of the National Park System.
(c) Water Resources Projects.--(1) In determining whether a
proposed water resources project would have a direct and adverse effect
on the values for which the segment designated by section 3 was
included in the National Wild and Scenic Rivers System, the Secretary
shall specifically consider the extent to which the project is
consistent with the Plan.
(2) For purposes of implementation of section 7 of the Wild and
Scenic Rivers Act, the Plan, including the detailed analysis of
instream flow needs incorporated therein and such additional analysis
as may be incorporated in the future, shall serve as the primary source
of information regarding the flows needed to maintain instream
resources and the potential compatibility between resource protection
and possible water supply withdrawals.
(d) Land Management.--The zoning ordinances duly adopted by the
towns of Hartland, Barkhamsted, New Hartford, and Canton, Connecticut,
including the ``river protection overlay districts'' in effect on the
date of enactment of this Act, shall be deemed to satisfy the standards
and requirements of section 6(c) of the Wild and Scenic Rivers Act. For
the purpose of section 6(c), such towns shall be deemed ``villages''
and the provisions of that section, which prohibit Federal acquisition
of lands by condemnation, shall apply to the segment designated by
section 3.
SEC. 5. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Committee'' means the Farmington River
Coordinating Committee referred to in section 4.
(2) The term ``Plan'' means the comprehensive management plan
for the Connecticut segment of the Farmington River prepared by the
Farmington River Study Committee and the National Park Service,
which is known as the ``Upper Farmington River Management Plan''
and dated April 29, 1993.
(3) The term ``Secretary'' means the Secretary of the Interior.
SEC. 6. FUNDING AUTHORIZATION.
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act, including the
amendment to the Wild and Scenic Rivers Act made by section 3.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Farmington Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act (the Act) to designate a specified segment of the Farmington River in Connecticut as a component of the National Wild and Scenic River System.
Requires the segment to be: (1) administered as a recreational river by the Secretary of the Interior through cooperative agreements between the Secretary and the State of Connecticut and its relevant political subdivisions; and (2) managed in accordance with the Upper Farmington River Management Plan. Deems the Plan to satisfy the requirement for a comprehensive management plan pursuant to the Act.
Requires the Director of the National Park Service, or his or her designee, to represent the Secretary on the Farmington River Coordinating Committee provided for in the Plan.
Requires the Secretary to offer to enter into cooperative agreements with the State of Connecticut and its relevant political subdivisions in order to provide for the long-term protection, preservation, and enhancement of the segment and to make a similar offer to the Farmington River Watershed Association. Authorizes the Secretary to: (1) enter into cooperative agreements with other parties who may be represented on the Committee; and (2) provide technical assistance, staff support, and funding to assist in implementation of the Plan. Provides that implementation of this Act through such cooperative agreements shall not constitute National Park Service administration of the segment and shall not cause the segment to be considered as being a unit of the National Park System.
Requires the Plan to serve as the primary source of information regarding the flows needed to maintain instream resources and the potential compatibility between resource protection and possible water supply withdrawals.
Deems the zoning ordinances adopted by specified towns and the river protection overlay districts in effect on the enactment of this Act to satisfy the standards and requirements of the Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Farmington Wild and Scenic River Act"} | 1,768 | 399 | 0.651323 | 2.245181 | 0.789201 | 5.116477 | 4.704545 | 0.946023 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fresh Start Act of 2010''.
SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT
OFFENDERS.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by inserting after subchapter C the following new subchapter:
``SUBCHAPTER D--EXPUNGEMENT
``Sec.
``3631. Expungement of certain criminal records in limited
circumstances.
``3632. Requirements for expungement.
``3633. Procedure for expungement.
``3634. Effect of expungement.
``3635. Reversal of expunged records.
``Sec. 3631. Expungement of certain criminal records in limited
circumstances
``(a) In General.--Any eligible individual convicted of a
nonviolent offense may file a petition under this subchapter for
expungement with regard to that nonviolent offense.
``(b) Definition of Nonviolent Offense.--In this subchapter, the
term `nonviolent offense' means any offense under this title that--
``(1) is not a crime of violence (as such term is defined
in section 16 of title 18, United States Code); or
``(2) is not an offense that, by its nature, involves a
substantial risk that physical force against the person or
property of another may be used in the course of committing the
offense.
``Sec. 3632. Requirements for expungement
``An individual is eligible for expungement under this subchapter
if that individual--
``(1) at the time of filing, had never been convicted of
any criminal offense (including any offense under State law)
other than the nonviolent offense for which expungement is
sought; and
``(2) has fulfilled all requirements of the sentence of the
court in which the individual was convicted of that nonviolent
offense, including--
``(A) paying all fines, restitutions, or
assessments;
``(B) completion of any term of imprisonment or
period of probation;
``(C) meeting all conditions of a supervised
release; and
``(D) if so required by the terms of the sentence,
remaining free from dependency on or abuse of alcohol
or a controlled substance for a period of not less than
1 year.
``Sec. 3633. Procedure for expungement
``(a) Petition.--A petition for expungement may be filed only in
the court in which the petitioner was convicted of the nonviolent
offense for which expungement is sought. The clerk of the court shall
serve that petition on the United States Attorney for that district.
Except as provided under subsection (d), not later than 60 days after
service of such petition, the United States Attorney may submit
recommendations to the court and provide a copy of those
recommendations to the petitioner.
``(b) Submission of Evidence.--The petitioner and the Government
may file with the court evidence relating to the petition.
``(c) Basis for Decision.--In making a decision on the petition,
the court shall consider all evidence and weigh the interests of the
petitioner against the best interests of justice and public safety.
``(d) Subsequent Petition.--If the court denies the petition, the
petitioner may not file another such petition until the date that is 2
years after the date of such denial.
``(e) Mandatory Grant of Petition.--
``(1) In general.--Except as provided in paragraph (2), the
court shall grant the petition of an eligible petitioner who
files the petition on a date that is not earlier than the date
that is 7 years after the date on which the petitioner has
fulfilled all requirements of the sentence. The United States
Attorney may not submit recommendations under subsection (a)
with regard to that petition.
``(2) Exceptions.--The court may not grant under this
subsection the petition of a petitioner who has committed a
nonviolent offense that is one of the following:
``(A) Any offense under this title that causes the
petitioner to be required to register under the Sexual
Offender Registration and Notification Act.
``(B) Any offense under this title that causes a
victim or victims to sustain a loss of not less than
$10,000.
``Sec. 3634. Effect of expungement
``(a) In General.--An order granting expungement under this
subchapter shall restore the individual concerned, in the contemplation
of the law, to the status such individual occupied before the arrest or
institution of criminal proceedings for the nonviolent offense that was
the subject of the expungement.
``(b) No Disqualification; Statements.--An individual whose
petition under this subchapter is granted shall not be required to
divulge information pertaining to the nonviolent offense with regard to
which expungement is sought, nor shall such individual be held under
any provision of law guilty of perjury, false answering, or making a
false statement by reason of the failure of the individual to recite or
acknowledge such arrest or institution of criminal proceedings, or
results thereof, in response to an inquiry made of the individual for
any purpose. The fact that such individual has been convicted of the
nonviolent offense concerned shall not operate as a disqualification of
such individual to pursue or engage in any lawful activity, occupation,
or profession.
``(c) Records Expunged or Sealed.--Except as provided under section
3635, on the grant of a petition under this subchapter, the following
shall be expunged:
``(1) Any official record relating to the arrest of the
petitioner, the institution of criminal proceedings against the
petitioner, or the results thereof (including conviction) for
the nonviolent offense with regard to which expungement is
sought.
``(2) Any reference in any official record to the arrest of
the petitioner, the institution of criminal proceedings against
the petitioner, or the results thereof (including conviction)
for the nonviolent offense with regard to which expungement is
sought.
``(d) Exceptions.--The Attorney General may make rules providing
for exceptions to subsection (c) as the Attorney General determines
necessary to serve the interests of justice and public safety.
``(e) Reversal of Expungement.--The records or references expunged
under this subchapter shall be restored by operation of law as public
records and may be used in all court proceedings if the individual is
convicted of any Federal or State offense after the date of
expungement.
``Sec. 3635. Disclosure of expunged records
``(a) Record of Disposition To Be Retained.--The Attorney General
shall retain an unaltered nonpublic copy of--
``(1) any record that is expunged; and
``(2) any record containing a reference that is expunged.
``(b) Law Enforcement Purposes.--The Attorney General shall
maintain a nonpublic index of the records described under subsection
(a) containing, for each such record, only the name of, and
alphanumeric identifiers that relate to, the individual who is the
subject of such record, the word `expunged', and the name of the
person, agency, office, or department that has custody of the expunged
record, and shall not name the offense committed. The index shall be
made available only to an entity to which records may be made available
under subsection (d) or to any Federal or State law enforcement agency
that has custody of such records.
``(c) Authorized Disclosures.--
``(1) In general.--Except as provided in paragraph (2), any
record described in subsection (a) pertaining to an individual
may be made available only--
``(A) to a Federal or State court or Federal,
State, or local law enforcement agency, in the case of
a criminal investigation or prosecution of an
individual or in conducting a background check on an
individual who has applied for employment by such court
or agency; or
``(B) to any State or local agency with
responsibility for the issuance of licenses to possess
firearms, in the case of an individual applying for
such a license.
``(2) Authorized disclosure to individuals.--On application
of the individual to whom a record described under subsection
(a) pertains, that record may be made available to the
individual.
``(d) Punishment for Improper Disclosure.--Whoever intentionally
makes or attempts to make a disclosure, other than a disclosure
authorized under subsection (c), of any record or reference that is
expunged under this subchapter shall be fined under this title or
imprisoned not more than one year, or both.''.
(b) Clerical Amendment.--The table of subchapters at the beginning
of chapter 229 of title 18, United States Code, is amended by adding at
the end the following item:
``D. Expungement............................................ 3631''.
(c) Effective Date.--The amendments made by this Act shall apply to
individuals convicted of an offense before, on, or after the date of
enactment of this Act.
SEC. 3. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS PROGRAM FOR STATES TO
IMPLEMENT CERTAIN EXPUNGEMENT PROCEDURES AND
REQUIREMENTS.
Section 505 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end
the following new subsection:
``(i) Payment Incentives for States To Implement Certain
Expungement Procedures and Requirements.--
``(1) Payment incentives.--
``(A) Bonus.--In the case of a State that receives
funds for a fiscal year (beginning with fiscal year
2011) under this subpart and that has in effect
throughout the State for such fiscal year laws to
provide for expungement with respect to certain
criminal records that are substantially similar to the
Federal rights, procedures, requirements, effects, and
penalties set forth in subchapter D of Chapter 229 of
title 18, United States Code, the amount of funds that
would otherwise be allocated under this subpart to such
State for such fiscal year shall be increased by 5
percent.
``(B) Penalty.--In the case of a State that
receives funds for a fiscal year (beginning with fiscal
year 2011) under this subpart and that does not have in
effect throughout the State for such fiscal year laws
to provide for expungement with respect to certain
criminal records that are substantially similar to the
Federal rights, procedures, requirements, effects, and
penalties set forth in subchapter D of Chapter 229 of
title 18, United States Code, the amount of such funds
that would otherwise be allocated under this subpart to
such State for such fiscal year shall be decreased by 5
percent.
``(2) Reports.--The Attorney General shall submit to the
Committee of the Judiciary of the House of Representatives and
the Committee of the Judiciary of the Senate an annual report
(which shall be made publicly available) that, with respect to
the year involved--
``(A) lists the States that have (and those States
which do not have) in effect throughout the State laws
to provide for expungement with respect to certain
criminal records that are substantially similar to the
Federal rights, procedures, requirements, effects, and
penalties set forth in subchapter D of Chapter 229 of
title 18, United States Code; and
``(B) describes the increases granted to States
under paragraph (1)(A), the penalties imposed on States
under paragraph (1)(B), and the amounts that States
being penalized under paragraph (1)(B) would have
received if such States had in effect laws described in
subparagraph (A) of this paragraph.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection for each of the
fiscal years 2011 through 2015, in addition to funds made
available under section 508, such sums as may be necessary, but
not to exceed the amount that is 5 percent of the total amount
appropriated pursuant to such section for such fiscal year.''. | Fresh Start Act of 2010 - Amends the federal criminal code to allow an individual convicted of a nonviolent criminal offense to file a petition for expungement of the record of such conviction. Allows expungement if such individual: (1) has never been convicted of any criminal offense other than the nonviolent offense for which expungement is sought; (2) has fulfilled all requirements of the sentence of the court, including payment of all fines, restitution, or assessments and completion of terms of imprisonment and probation; and (3) has remained free (if required by the court's sentence) from dependency on or abuse of alcohol or a controlled substance for at least one year.
Requires the Attorney General to maintain an unaltered nonpublic copy of expunged criminal records, to be disclosed for limited purposes to federal, state, or local law enforcement agencies.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase by 5% grant funding under the Edward Byrne Memorial Justice Assistance Grant Program to states that implement expungement procedures substantially similar to the procedures enacted by this Act. Decreases such grant funding by 5% for states that fail to adopt expungement procedures. | {"src": "billsum_train", "title": "To permit expungement of records of certain nonviolent criminal offenses, and for other purposes."} | 2,766 | 263 | 0.598966 | 1.627765 | 0.917442 | 3.140271 | 11.063348 | 0.886878 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paycheck Fairness Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Women have entered the workforce in record numbers.
(2) Even in the 1990s, women earn significantly lower pay
than men for work on jobs that require equal skill, effort, and
responsibility and that are performed under similar working
conditions. These pay disparities exist in both the private and
governmental sectors. In many instances, the pay disparities
can only be due to continued intentional discrimination or the
lingering effects of past discrimination.
(3) The existence of such pay disparities--
(A) depresses the wages of working families who
rely on the wages of all members of the family to make
ends meet;
(B) prevents the optimum utilization of available
labor resources;
(C) has been spread and perpetuated, through
commerce and the channels and instrumentalities of
commerce, among the workers of the several States;
(D) burdens commerce and the free flow of goods in
commerce;
(E) constitutes an unfair method of competition in
commerce;
(F) leads to labor disputes burdening and
obstructing commerce and the free flow of goods in
commerce;
(G) interferes with the orderly and fair marketing
of goods in commerce; and
(H) in many instances, may deprive workers of equal
protection on the basis of sex in violation of the
fifth and 14th amendments.
(4)(A) Artificial barriers to the elimination of
discrimination in the payment of wages on the basis of sex
continue to exist more than 3 decades after the enactment of
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)
and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).
(B) Elimination of such barriers would have positive
effects, including--
(i) providing a solution to problems in the economy
created by unfair pay disparities;
(ii) substantially reducing the number of working
women earning unfairly low wages, thereby reducing the
dependence on public assistance; and
(iii) promoting stable families by enabling all
family members to earn a fair rate of pay;
(iv) remedying the effects of past discrimination
on the basis of sex and ensuring that in the future
workers are afforded equal protection on the basis of
sex; and
(v) in the private sector, ensuring equal
protection pursuant to Congress' power to enforce the
fifth and 14th amendments.
(5) With increased information about the provisions added
by the Equal Pay Act of 1963 and generalized wage data, along
with more effective remedies, women will be better able to
recognize and enforce their rights to equal pay for work on
jobs that require equal skill, effort, and responsibility and
that are performed under similar working conditions.
(6) Certain employers have already made great strides in
eradicating unfair pay disparities in the workplace and their
achievements should be recognized.
SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.
(a) Nonretaliation Provision.--Section 15(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--
(1) by striking ``or has'' each place it appears and
inserting ``has''; and
(2) by inserting before the semicolon the following: ``, or
has inquired about, discussed, or otherwise disclosed the wages
of the employee or another employee''.
(b) Enhanced Penalties.--Section 16(b) of such Act (29 U.S.C.
216(b)) is amended--
(1) by inserting after the first sentence the following:
``Any employer who violates section 6(d) shall additionally be
liable for such compensatory or punitive damages as may be
appropriate, except that the United States shall not be liable
for punitive damages'';
(2) in the sentence beginning ``An action to'', by striking
``either of the preceding sentences'' and inserting ``any of
the preceding sentences of this subsection'';
(3) in the sentence beginning ``No employees shall'', by
striking ``No employees'' and inserting ``Except with respect
to class actions brought to enforce section 6(d), no
employee'';
(4) by inserting after such sentence the following:
``Notwithstanding any other provision of Federal law, any
action brought to enforce section 6(d) may be maintained as a
class action as provided by the Federal Rules of Civil
Procedure.''; and
(5) in the sentence beginning ``The court in''--
(A) by striking ``in such action'' and inserting
``in any action brought to recover the liability
prescribed in any of the preceding sentences of this
subsection''; and
(B) by inserting before the period the following:
``, including expert fees''.
(c) Action by Secretary.--Section 16(c) of such Act (29 U.S.C.
216(c)) is amended--
(1) in the first sentence--
(A) by inserting ``or, in the case of a violation
of section 6(d), additional compensatory or punitive
damages,'' before ``and the agreement''; and
(B) by inserting before the period the following:
``, or such compensatory or punitive damages, as
appropriate'';
(2) in the second sentence, by inserting before the period
the following: `` and, in the case of a violation of section
6(d), additional compensatory or punitive damages'';
(3) in the third sentence, by striking ``the first
sentence'' and inserting ``the first or second sentence''; and
(4) in the last sentence, by inserting after ``in the
complaint'' the following: ``or becomes a party plaintiff in a
class action brought to enforce section 6(d)''.
SEC. 4. TRAINING.
The Equal Employment Opportunity Commission and the Office of
Federal Contract Compliance Programs, subject to the availability of
funds appropriated under section 9(b), shall provide training to
Commission employees and affected individuals and entities on matters
involving discrimination in the payment of wages.
SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.
The Secretary of Labor shall conduct studies and provide
information to employers, labor organizations, and the general public
concerning the means available to eliminate pay disparities between men
and women, including--
(1) conducting and promoting research to develop the means
to correct expeditiously the conditions leading to the pay
disparities;
(2) publishing and otherwise making available to employers,
labor organizations, professional associations, educational
institutions, the media, and the general public the findings
resulting from studies and other materials, relating to
eliminating the pay disparities;
(3) sponsoring and assisting State and community
informational and educational programs;
(4) providing information to employers, labor
organizations, professional associations, and other interested
persons on the means of eliminating the pay disparities;
(5) recognizing and promoting the achievements of
employers, labor organizations, and professional associations
that have worked to eliminate the pay disparities; and
(6) convening a national summit to discuss, and consider
approaches for rectifying, the pay disparities.
SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM.
(a) Guidelines.--
(1) In general.--The Secretary of Labor shall develop
guidelines to enable employers to evaluate job categories based
on objective criteria such as educational requirements, skill
requirements, independence, working conditions, and
responsibility, including decisionmaking responsibility and de
facto supervisory responsibility.
(2) Use.--The guidelines developed under paragraph (1)
shall be designed to enable employers voluntarily to compare
wages paid for different jobs to determine if the pay scales
involved adequately and fairly reflect the educational
requirements, skill requirements, independence, working
conditions, and responsibility for each such job with the goal
of eliminating unfair pay disparities between occupations
traditionally dominated by men or women.
(3) Publication.--The guidelines shall be developed under
paragraph (1) and published in the Federal Register not later
than 180 days after the date of enactment of this Act.
(b) Employer Recognition.--
(1) Purpose.--It is the purpose of this subsection to
emphasize the importance of, encourage the improvement of, and
recognize the excellence of employer efforts to pay wages to
women that reflect the real value of the contributions of such
women to the workplace.
(2) In general.--To carry out the purpose of this
subsection, the Secretary of Labor shall establish a program
under which the Secretary shall provide for the recognition of
employers who, pursuant to a voluntary job evaluation conducted
by the employer, adjust their wage scales (such adjustments
shall not include the lowering of wages paid to men) using the
guidelines developed under subsection (a) to ensure that women
are paid fairly in comparison to men.
(3) Technical assistance.--The Secretary of Labor may
provide technical assistance to assist an employer in carrying
out an evaluation under paragraph (2).
(c) Regulations.--The Secretary of Labor shall promulgate such
rules and regulations as may be necessary to carry out this section.
SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE
WORKPLACE.
(a) In General.--There is established the Robert Reich National
Award for Pay Equity in the Workplace, which shall be evidenced by a
medal bearing the inscription ``Robert Reich National Award for Pay
Equity in the Workplace''. The medal shall be of such design and
materials, and bear such additional inscriptions, as the Secretary may
prescribe.
(b) Criteria for Qualification.--To qualify to receive an award
under this section a business shall--
(1) submit a written application to the Secretary, at such
time, in such manner, and containing such information as the
Secretary may require, including at a minimum information that
demonstrates that the business has made substantial effort to
eliminate pay disparities between men and women, and deserves
special recognition as a consequence; and
(2) meet such additional requirements and specifications as
the Secretary determines to be appropriate.
(c) Making and Presentation of Award.--
(1) Award.--After receiving recommendations from the
Secretary, the President or the designated representative of
the President shall annually present the award described in
subsection (a) to businesses that meet the qualifications
described in subsection (b).
(2) Presentation.--The President or the designated
representative of the President shall present the award with
such ceremonies as the President or the designated
representative of the President may determine to be
appropriate.
(d) Business.--For the purposes of this section, the term
``business'' includes--
(1)(A) a corporation, including a nonprofit corporation;
(B) a partnership;
(C) a professional association;
(D) a labor organization; and
(E) a business entity similar to an entity described in any
of subparagraphs (A) through (D);
(2) an entity carrying out an education referral program, a
training program, such as an apprenticeship or management
training program, or a similar program; and
(3) an entity carrying out a joint program, formed by a
combination of any entities described in paragraph (1) or (2).
SEC. 8. SENSE OF THE SENATE REGARDING INCREASED INFORMATION ON PAY
DISPARITIES.
It is the sense of the Senate that the President should take
appropriate steps to increase the amount of information available with
respect to wage disparities. In so doing, the President, or his
designees, should consider ways of collecting this data that--
(1) maximize the utility of the information for both the
government and the public; while
(2) protecting individuals' privacy and minimizing the
burdens on reporting entities. | Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) and the Civil Rights Act of 1964 (CRA) to revise and increase remedies and enforcement on behalf of victims of discrimination in the payment of wages on the basis of sex.
Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases.
Amends CRA to direct the Equal Employment Opportunity Commission (EEOC) to require certain employers to maintain payroll records and report to the EEOC pay information analyzed by race, sex, and national origin of employees. Applies such requirement applicable to employers who have 100 or more employees for each working day in each of 20 or more calendar weeks.
Requires EEOC to train its employees and affected individuals and entities on matters involving discrimination in the payment of wages.
Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities.
Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award.
Authorizes appropriations to the EEOC and to the Secretary to carry out this Act. | {"src": "billsum_train", "title": "Paycheck Fairness Act"} | 2,597 | 326 | 0.416509 | 1.276505 | 0.739632 | 3.971223 | 8.730216 | 0.798561 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) the productivity of the ``green revolution'' has been
fueled by abundant, low cost fossil fuels providing raw
material and energy for fertilizer, herbicides, and pesticides,
and for powering mechanization, thereby multiplying farm worker
output;
(2) farm worker productivity is based on the input of large
quantities of fossil fuel based energy and chemicals, with
typically an input of as much as 10 fossil calories used to
produce a calorie of food output;
(3) food production in this manner cannot be sustained if
fossil fuels are depleted and become increasingly costly and
scarce, and biofuels are not a viable alternative if their
production consumes more energy than they contain;
(4) reduction of energy consumption through maximum
efficiency is a prerequisite to sustainable reliance on
renewable resources at an affordable scale; and
(5) for over a century, agriculture extension has shown
that demonstration of viable techniques and technologies is a
powerful force for their adoption and promotion.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a regional, State, local, or tribal agency;
(B) a nonprofit organization or institution that
farms or provides farm or educational services to
persons or organizations that own or operate farms;
(C) a farm or farmer or for-profit corporation that
farms, or group of such farms, farmers, or
corporations, at least 50 percent of the gross revenue
of which is derived from the sale of food or fiber
grown on the farm, if the acreage under their control,
individually and collectively, whether through
ownership or leasehold interests, is less than 160
acres; and
(D) institutions of higher education, as defined in
section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(2) Renewable energy.--The term ``renewable energy'' means
energy obtained from a resource in a manner capable of being
indefinitely sustained or replenished.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(4) Self-powered farm.--The term ``self-powered farm''
means a farm or collection of farms that--
(A) is capable of independence from offsite sources
of energy, fuel, and raw materials for fuel;
(B) is a community resource for--
(i) food; and
(ii) energy, fuel, or raw materials for
fuel;
(C) minimizes or eliminates ongoing operating
expenditures to offsite entities for fossil fuel-
derived energy;
(D) employs sustainable farming practices for long
term soil fertility; and
(E) produces at least 2 times as much energy,
including fuel or raw materials for fuel, as it
consumes both on site and in the transfer of farm
products to market.
SEC. 3. NATIONAL ACADEMY OF SCIENCES RECOMMENDATIONS.
(a) In General.--The Secretary shall enter into an arrangement with
the National Academy of Sciences for--
(1) the development of recommendations for appropriate
evaluation measures and criteria for the programs under this
Act; and
(2) an evaluation of the feasibility of prize and best
practices award programs as tools to promote self-powered
farms, and recommendations for how to carry out such programs,
if feasible.
(b) Report.--Not later than 12 months after the date of enactment
of this Act, the Secretary shall transmit to the Congress a report
containing the recommendations and evaluation described in subsection
(a).
SEC. 4. RESEARCH AND TECHNOLOGY DEVELOPMENT PROGRAM.
The Secretary shall establish a program, taking into account the
recommendations of the National Academy of Sciences under section 3,
for the research, development, demonstration, and commercial
application of energy technologies or other technologies that have the
potential to increase energy efficiency or otherwise to enable self-
powered farms. The Secretary shall award grants under this section to
eligible entities, or consortia thereof, on a competitive basis. The
Secretary shall encourage participation in the program under this
section through the Agricultural Cooperative Extension System.
SEC. 5. STATE AGRICULTURAL DEMONSTRATION PROGRAM AWARDS.
The Secretary shall establish a program, taking into account the
recommendations of the National Academy of Sciences under section 3,
for making awards to not more than 30 State agricultural research
programs for the demonstration in a farm setting of the integration of
technologies developed under section 4, or other technologies, in a
manner that best achieves the goal of self-powered farms.
SEC. 6. LOAN PROGRAMS.
(a) In General.--The Secretary shall provide, on a competitive
basis, low-cost revolving loans and loan guarantees to eligible
entities for the commercial application of energy technologies or other
technologies that will contribute to the goal of establishing self-
powered farms.
(b) Preferences.--In providing loans or loan guarantees under this
section, the Secretary shall give preference to applicants who propose
to derive the highest proportion of their energy needs from
technologies that use biobased feedstocks or other renewable energy
sources. The Secretary shall give highest preference to applicants who
propose to meet their energy needs from biobased feedstocks or other
renewable energy sources produced on that farm.
(c) Oversight.--The Secretary shall establish procedures to enable
the Secretary to oversee the operation of projects supported by loans
or loan guarantees under this section, to ensure that such projects are
operated consistent with the goals and requirements of this Act.
(d) Loan Amount.--The amount of a loan under this section shall not
exceed 80 percent of the cost of the project for which the loan is
provided.
(e) Guarantee Amount.--The Secretary shall not guarantee under this
section more than 80 percent of the principal of any loan.
SEC. 7. CONSULTATION.
In carrying out this Act, the Secretary shall consult with the
Secretary of Agriculture.
SEC. 8. NATIONAL ACADEMY OF SCIENCES REVIEW.
The Secretary shall enter into an arrangement with the National
Academy of Sciences for a review of the programs under this Act and the
development of recommendations for improvements to such programs. Not
later than 4 years after the date of enactment of this Act, the
Secretary shall transmit to the Congress a report containing such
review and recommendations.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary--
(1) to carry out section 4, $25,000,000 for each of the
fiscal years 2008 through 2012;
(2) to carry out section 5, $25,000,000 for each of the
fiscal years 2008 through 2012; and
(3) to carry out section 6, $25,000,000 for each of the
fiscal years 2008 through 2012.
SEC. 10. COST SHARING.
In carrying out a research, development, demonstration, or
commercial application program or activity under this Act through an
award of a grant, contract, cooperative agreement, or other instrument
other than a loan or loan guarantee, the Secretary shall require cost
sharing in accordance with section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352). | Directs the Secretary of Energy to enter into an arrangement with the National Academy of Sciences to: (1) develop recommendations for evaluation measures and criteria for programs under this Act; and (2) evaluate the feasibility of prize and best practices award programs as tools to promote self-powered farms.
Directs the Secretary to: (1) establish an award program for up to 30 state agricultural research programs for self-powered farm demonstrations; (2) provide low-cost revolving loans and loan guarantees to eligible entities for the commercial application of energy or other technologies that will contribute to establishing self-powered farms, with highest preference given to applicants who propose to meet their energy needs from biobased feedstocks or other renewable energy sources produced on that farm; and (3) enter into an arrangement with the National Academy of Sciences for a review of the programs under this Act. | {"src": "billsum_train", "title": "To provide for Federal research, development, demonstration, and commercial application activities to enable the development of farms that are net producers of both food and energy, and for other purposes."} | 1,547 | 170 | 0.519404 | 1.454087 | 0.699864 | 5.467456 | 8.609467 | 0.95858 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Common Core and Expanding
School Choice Act''.
SEC. 2. STATE EDUCATIONAL AGENCY GRANTS TO ELIGIBLE CHILDREN.
(a) In General.--Part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended to read as
follows:
``PART A--STATE EDUCATIONAL AGENCY GRANTS TO ELIGIBLE CHILDREN
``SEC. 1111. ALLOCATIONS TO STATES.
``(a) In General.--For each fiscal year, the Secretary shall
allocate the amount appropriated to carry out this part among State
education agencies based on the number of eligible children residing in
each State.
``(b) Eligible Child.--In this section, the term `eligible child'
means a child aged 5 to 17, inclusive, from a family with an income
below the poverty level on the basis of the most recent satisfactory
data published by the Department of Commerce.
``(c) Criteria of Poverty.--In determining the families with
incomes below the poverty level for the purposes of this section, a
State educational agency shall use the criteria of poverty used by the
Census Bureau in compiling the most recent decennial census, as the
criteria have been updated by increases in the Consumer Price Index for
All Urban Consumers, published by the Bureau of Labor Statistics.
``SEC. 1112. FUNDS FOLLOWING ELIGIBLE CHILDREN.
``(a) Calculation of Per Pupil Amount.--For each fiscal year, the
State educational agency shall calculate the per pupil amount by
dividing the amount made available to the agency under section 1111 by
the number of eligible children (as defined in section 1111(b))
residing in the State.
``(b) Use of Funds.--Each State educational agency shall use each
per pupil amount calculated under subsection (a) for qualified
elementary and secondary education expenses and in a manner directed by
State law.
``(c) Funds Distributed to Parents.--In a case in which State law
directs a State educational agency to distribute all or a portion of a
per pupil amount to a parent of an eligible child, the agency also
shall determine, consistent with State law, how the agency will verify
that funds are being used in accordance with this section and whether
to require the parent to establish an educational savings account or
other dedicated account to maintain such funds.
``(d) Definition.--In this section, the term `qualified elementary
and secondary education expenses', when used with respect to a child,
means any of the following:
``(1) Expenses within the budget of the local educational
agency having jurisdiction over the geographic area in which
the child resides.
``(2) Expenses within the budget of the public or charter
school the child may attend without paying tuition or fees.
``(3) Tuition and fees required to be paid in order for the
child to attend a public or charter school in the State in
which the child resides.
``(4) Tuition and fees required to be paid in order for the
child to attend an accredited or otherwise State-approved
private school in the State in which the child resides.
``(5) Fees required to be paid for the child to participate
in a State-approved supplemental educational services program.
``SEC. 1113. RULES OF CONSTRUCTION.
``(a) In General.--No officer or employee of the Federal Government
shall, through grants, contracts, or other cooperative agreements,
mandate, direct, or control a State, local educational agency, or
school's specific instructional content, academic standards and
assessments, curricula, or program of instruction (including any
requirement, direction, or mandate to adopt the Common Core State
Standards developed under the Common Core State Standards Initiative,
any other academic standards common to a significant number of States,
or any assessment, instructional content, or curriculum aligned to such
standards), nor shall anything in this Act be construed to authorize
such officer or employee to do so.
``(b) No Requirement To Implement Assessments, Standards, or
Accountability Systems.--An officer or employee of the Federal
Government shall not require a State educational agency, local
educational agency, school, or Indian Tribe to implement an annual
assessment, academic standard, or accountability system, or condition
funds made available under this part upon such implementation.''.
(b) Conforming Amendments.--
(1) Repeal of state assessment grants.--Part B of title I
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 1201 et seq.) is repealed.
(2) Authorization of appropriations.--Section 1002 of such
Act (20 U.S.C. 6302) is amended--
(A) by striking the subsection heading for
subsection (a) and inserting ``State Educational Agency
Grants for Eligible Children''; and
(B) by striking subsection (b). | Ending Common Core and Expanding School Choice Act This bill amends the Elementary and Secondary Education Act of 1965 to: (1) eliminate the standards, assessments, and academic accountability requirements for state and local educational agencies that receive funds under the Act for the education of disadvantaged children, (2) require such funds to be allocated based on the number of children residing in each state who are living in poverty, and (3) allow educational agencies to distribute per pupil amounts from such funds to parents for qualified elementary and secondary education expenses. The bill prohibits federal officers or employees from mandating academic standards, assessments, curricula, or accountability systems. | {"src": "billsum_train", "title": "Ending Common Core and Expanding School Choice Act"} | 1,144 | 137 | 0.467362 | 1.185873 | 0.701229 | 2.368852 | 8.237705 | 0.844262 |
SECTION 1. EXPENSING AND RAPID AMORTIZATION FOR CERTAIN ENVIRONMENTAL
REMEDIATION EXPENDITURES.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by adding at the end the
following new section:
``SEC. 198. EXPENSING AND RAPID AMORTIZATION FOR CERTAIN ENVIRONMENTAL
REMEDIATION EXPENDITURES.
``(a) Treatment As Expenses.--
``(1) In general.--At the election of the taxpayer,
qualified environmental remediation expenditures which are paid
or incurred by the taxpayer during the taxable year in
connection with a trade or business shall be treated as
expenses which are not chargeable to capital account. The
expenditures so treated shall be allowed as a deduction.
``(2) Limitation.--The amount treated under paragraph (1)
as an expense with respect to any qualified contaminated site
shall not exceed $500,000 for all taxable years.
``(3) Controlled groups.--Rules similar to the rules of
paragraphs (6), (7), and (8) of section 179(d) shall apply for
purposes of this subsection.
``(b) 60-Month Amortization of Remaining Environmental Remediation
Expenditures.--
``(1) In general.--At the election of the taxpayer,
qualified environmental remediation expenditures--
``(A) which are paid or incurred by the taxpayer in
connection with his trade or business, and
``(B) which are not treated as expenses under
subsection (a),
may be treated as deferred expenses.
``(2) Amortization of deferred expenses.--In computing
taxable income, such deferred expenses shall be allowed as a
deduction ratably over such period of not less than 60 months
as may be selected by the taxpayer (beginning with the month in
which the taxpayer pays or incurs such expenditures). Such
deferred expenses shall be treated as expenditures which are
properly chargeable to capital account for purposes of section
1016(a)(1) (relating to adjustments to basis of property).
``(c) Certain Persons Not Eligible.--A taxpayer shall not be
eligible for the treatment under this section with respect to any
qualified contaminated site if--
``(1) at any time on or before the date of the enactment of
this section such taxpayer was the owner or operator of any
business on such site,
``(2) at any time before, on, or after such date of
enactment such taxpayer--
``(A) had (by contract, agreement, or otherwise)
arranged for the disposal or treatment of any hazardous
materials at such site or arranged with a transporter
for transport for disposal or treatment of any
hazardous materials at such site, or
``(B) had accepted any hazardous materials for
transport to such site, or
``(3) the taxpayer is related to any taxpayer referred to
in paragraph (1) or (2).
``(d) Qualified Environmental Remediation Expenditures.--For
purposes of this section, the term `qualified environmental remediation
expenditure' means any amount (otherwise chargeable to capital account)
which is paid or incurred by the taxpayer for environmental remediation
with respect to any qualified contaminated site which is owned by the
taxpayer.
``(e) Other Definitions.--For purposes of this section--
``(1) Qualified contaminated site.--
``(A) In general.--For purposes of this subsection,
the term `qualified contaminated site' means any site
if the appropriate agency certifies that at least 1 of
the following environmental conditions is present on
such site:
``(i) A release or threatened release of
any hazardous, toxic, or dangerous substance.
``(ii) Any storage tanks which contain any
hazardous, toxic, or dangerous substance.
``(iii) Any illegal disposal of solid
waste.
Such term shall not include any site listed on the
National Priorities List under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980.
``(B) Appropriate agency.--For purposes of
subparagraph (A), the appropriate agency is--
``(i) the agency of the State in which the
site is located which is designated by the
Administrator of the Environmental Protection
Agency for purposes of this paragraph, or
``(ii) if the agency described in clause
(i) designates an agency of the local
government in which the site is located for
purposes of this paragraph, such local
government agency.
``(2) Hazardous, toxic, or dangerous substance.--Any
substance, waste, or material shall be treated as a hazardous,
toxic, or dangerous substance if it is so treated under--
``(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.),
``(B) the Resource Conservation and Recovery Act
(42 U.S.C. 6901 et seq.), or
``(C) any State or local environmental law or
ordinance.
The following materials shall in any event be treated as such a
substance: petroleum or crude oil or any derivative thereof,
friable asbestos or any asbestos containing material,
polychlorinated biphenyls, or urea formaldehyde foam
insulation.
``(3) Environmental remediation.--The term `environmental
remediation' means--
``(A) removal or remediation activity, including
soil and ground water remediation,
``(B) restoration of natural, historic or cultural
resources at the site, or the mitigation of unavoidable
losses of such resources incurred in connection with
the remediation or response activity,
``(C) health assessments or health effects studies,
``(D) environmental investigations,
``(E) remediation of off-site contamination caused
by activity on the site, and
``(F) any other costs reasonably required by reason
of the environmental conditions of the site, including
demolition of existing contaminated structures, site
security, and permit fees necessary for remediation.
``(4) Related person.--Persons shall be treated as related
to each other if such persons are treated as a single employer
under the regulations prescribed under section 52(b) or such
persons bear a relationship to each other specified in section
267(b) or 707(b).
``(f) Land and Other Property.--This section shall not apply to any
expenditure for--
``(1) the acquisition or improvement of land, or
``(2) the acquisition or improvement of property of a
character which is subject to the allowance under section 167
(relating to allowance for depreciation, etc.) or section 611
(relating to allowance for depletion); except that, for
purposes of this section, allowances under section 167, and
allowances under section 611, shall be treated as
expenditures.''
(b) Conforming Amendments.--
(1) Paragraph (14) of section 1016(a) of such Code is
amended by inserting ``, or under section 198(b) (relating to
qualified environmental remediation expenditures),'' after
``expenditures)''.
(2) Subparagraph (C) of section 1245(a)(2) of such Code is
amended by striking ``or 193'' and inserting ``193, or 198''.
(3) Subparagraph (C) of section 1245(a)(3) of such Code is
amended by striking ``or 194'' and inserting ``194, or 198''.
(4) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by adding at the end the
following new item:
``Sec. 198. Expensing and rapid
amortization for certain
environmental remediation
expenditures.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to permit the expensing (of up to $500,000) and amortization (of the remaining amount over a 60-month period) of qualified environmental remediation expenses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow expensing and rapid amortization of certain environmental remediation expenditures."} | 1,791 | 44 | 0.545925 | 1.311026 | 0.567706 | 1.666667 | 44.361111 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Leadership in Energy
Efficient Transportation Act of 2015'' or the ``FLEET Act of 2015''.
SEC. 2. PURPOSES.
The purposes of this Act are to provide for the upgrade of the
vehicle fleet of the United States Postal Service, to improve mail
delivery services to benefit customers and the environment, to increase
savings by reducing maintenance or other costs, and to set benchmarks
to maximize fuel economy and reduce emissions for the Postal fleet with
the goal of making the Postal Service a national leader in efficiency
and technology innovation.
SEC. 3. AUTHORITY TO ENTER INTO ENERGY SAVINGS PERFORMANCE CONTRACTS.
Section 804(4) of the National Energy Conservation Policy Act (42
U.S.C. 8287c(4)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) in the case of a contract in which the United
States Postal Service is a party--
``(i) the purchase or lease of low emission
and fuel efficient vehicles;
``(ii) a measure to upgrade a vehicle
owned, operated, leased, or otherwise
controlled by or assigned to the United States
Postal Service to increase average fuel economy
and reduce the emissions of carbon dioxide of
such vehicle; or
``(iii) the construction or maintenance of
infrastructure, including electric vehicle
charging stations, to support vehicles
described in clauses (i) and (ii).''.
SEC. 4. AUTHORITY TO ENTER INTO UTILITY ENERGY SERVICE CONTRACTS.
Section 546 of the National Energy Conservation Policy Act (42
U.S.C. 8256) is amended in subsection (c)(1) by inserting ``(including
measures to support the use of low emission and fuel efficient vehicles
owned, operated, leased, or otherwise controlled by or assigned to the
United States Postal Service and measures to support construction and
maintenance of infrastructure to support such vehicles, including
electric vehicle charging stations)'', after ``demand''.
SEC. 5. UPGRADE OF POSTAL FLEET.
(a) Postal Fleet Requirements.--
(1) Motor vehicle standards.--The Postmaster General may
not award a contract for a contracted vehicle, or purchase or
lease a motor vehicle for use by the Postal Service, unless, at
a minimum--
(A) in the case of a passenger car, the car meets--
(i) with respect to emissions of carbon
dioxide, the more stringent of--
(I) the applicable standards
developed by the Environmental
Protection Agency under title II of the
Clean Air Act (42 U.S.C. 7521 et seq.);
or
(II) on average, less than 235
grams per mile; and
(ii) with respect to average fuel economy,
the more stringent of--
(I) the applicable average fuel
economy standards developed by the
National Highway Traffic Safety
Administration under chapter 329 of
title 49, United States Code; or
(II) 37.8 miles per gallon;
(B) in the case of a light truck, the truck meets--
(i) with respect to emissions of carbon
dioxide, the more stringent of--
(I) the applicable standards
developed by the Environmental
Protection Agency under title II of the
Clean Air Act (42 U.S.C. 7521 et seq.);
or
(II) on average, less than 310
grams per mile; and
(ii) with respect to average fuel economy,
the more stringent of--
(I) the applicable average fuel
economy standards developed by the
National Highway Traffic Safety
Administration under chapter 329 of
title 49, United States Code; or
(II) 28.8 miles per gallon; and
(C) in the case of a medium-duty or heavy-duty
vehicle, the vehicle complies with applicable
standards--
(i) for emissions of carbon dioxide
developed by the Environmental Protection
Agency under title II of the Clean Air Act (42
U.S.C. 7521 et seq.); and
(ii) for average fuel economy developed by
the National Highway Traffic Safety
Administration under chapter 329 of title 49,
United States Code.
(2) Applicability.--The standards described in paragraph
(1) shall apply to contracted vehicles and motor vehicles
purchased or leased for use by the Postal Service after the
date that is 1 year after the date of enactment of this Act.
(3) Reduction in consumption of petroleum products.--The
Postmaster General shall reduce the total consumption of
petroleum products by motor vehicles in the Postal fleet by a
minimum of 2 percent annually through the end of fiscal year
2026, relative to the baseline established for fiscal year
2005.
(b) Replacing Vehicles Within the Postal Fleet.--The Postmaster
General shall conduct a cost-benefit analysis of motor vehicles in the
Postal fleet to determine if the cost to maintain any such vehicle
outweighs the benefit or savings of replacing the vehicle.
(c) Route Requirements.--To inform and prioritize purchases, the
Postmaster General shall review and identify Postal delivery routes,
including geography and types of motor vehicle that could be used on
such routes, to determine if motor vehicles used on such routes can be
replaced with motor vehicles that use technologies that increase
average fuel economy or reduce emissions of carbon dioxide.
(d) Reporting Requirements.--The Postmaster General shall submit a
report to Congress--
(1) not later than 1 year after the date of enactment of
this Act, that contains a plan to achieve the requirements of
subsection (a) and recommendations for vehicle body design
specifications for motor vehicles purchased for the Postal
fleet that would increase average fuel economy and reduce
emissions of carbon dioxide of any such vehicle; and
(2) annually, that describes--
(A) the progress in meeting the annual target
described in subsection (a)(3); and
(B) any changes to Postal delivery routes or motor
vehicle purchase strategies made pursuant to subsection
(c).
(e) Restrictions.--To meet the requirements of this Act, the
Postmaster General may not--
(1) reduce the frequency of delivery of mail to fewer than
6 days each week;
(2) close post offices or postal distribution facilities;
(3) take any action that would restrict or diminish a
collective bargaining agreement or eliminate or reduce any
employee benefits; or
(4) enter into a contract with a private company to perform
duties that, as of the date of enactment of this Act, are
performed by bargaining unit employees.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) Contracted vehicle.--The term ``contracted vehicle''--
(A) means any motor vehicle used in carrying out a
contract for surface mail delivery pursuant to section
5005(a)(3) of title 39, United States Code; and
(B) does not include any motor vehicle used in
carrying out a contract for surface mail delivery
pursuant to sections 406 and 407 of such title.
(2) Motor vehicle.--The term ``motor vehicle'' means any
self-propelled vehicle designed for transporting persons or
property on a street or highway.
(3) Postal delivery route.--The term ``Postal delivery
route'' means the transportation route for surface mail
delivery.
(4) Postal fleet.--The term ``Postal fleet'' means any
vehicle that is owned, operated, leased, or otherwise
controlled by or assigned to the Postal Service.
(5) Postal service.--The term ``Postal Service'' means the
United States Postal Service. | Federal Leadership in Energy Efficient Transportation Act of 2015 or the FLEET Act of 2015 Amends the National Energy Conservation Policy Act to expand the definition of "energy or water conservation measure" under such Act to include, in the case of a contract in which the U.S. Postal Service (USPS) is a party: (1) the purchase or lease of low emission and fuel efficient vehicles; (2) the upgrade of USPS vehicles to increase average fuel economy and reduce carbon dioxide emissions; or (3) the construction or maintenance of infrastructure to support such vehicles, including electric vehicle charging stations. Expands the program of agency incentives for conserving energy to include in utility incentive programs measures to support the use of low emission and fuel efficient USPS vehicles. Prohibits USPS from awarding a contract for a vehicle, or purchasing or leasing a vehicle for use by USPS, including a passenger car, light truck, or medium or heavy-duty vehicle, unless the vehicle meets certain minimum carbon dioxide emissions standards and average fuel economy standards. Prohibits USPS from meeting the requirements of this Act by: (1) reducing the frequency of mail delivery, (2) closing post offices or postal distribution facilities, (3) taking any action to restrict or diminish a collective bargaining agreement or eliminate or reduce employee benefits, or (4) entering into a contact with a private company to perform duties that are currently performed by postal employees who are bargaining unit employees. | {"src": "billsum_train", "title": "FLEET Act of 2015"} | 1,724 | 322 | 0.644057 | 2.070599 | 0.77444 | 3.310469 | 5.700361 | 0.862816 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kidney Disease Educational Benefits
Act of 2005''.
SEC. 2. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES.
(a) Coverage of Kidney Disease Education Services.--
(1) In general.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended--
(A) in subsection (s)(2)--
(i) in subparagraph (Y), by striking
``and'' at the end;
(ii) in subparagraph (Z), by adding ``and''
at the end; and
(iii) by adding at the end the following
new subparagraph:
``(AA) kidney disease education services (as defined in
subsection (bbb));''; and
(B) by adding at the end the following new
subsection:
``Kidney Disease Education Services<plus-minus>
``(bbb)(1) The term `kidney disease education services' means
educational services that are--
``(A) furnished to an individual with kidney disease who,
according to accepted clinical guidelines identified by the
Secretary, will require dialysis or a kidney transplant;
``(B) furnished, upon the referral of the physician
managing the individual's kidney condition, by a qualified
person (as defined in paragraph (2)); and
``(C) designed--
``(i) to provide comprehensive information
regarding--
``(I) the management of comorbidities;
``(II) the prevention of uremic
complications; and
``(III) each option for renal replacement
therapy (including home and in-center, as well
as vascular access options and
transplantation); and
``(ii) to ensure that the individual has the
opportunity to actively participate in the choice of
therapy.
``(2) The term `qualified person' means--
``(A) a physician (as described in subsection (r)(1));
``(B) an individual who--
``(i) is--
``(I) a registered nurse;
``(II) a registered dietitian or nutrition
professional (as defined in subsection
(vv)(2));
``(III) a clinical social worker (as
defined in subsection (hh)(1));
``(IV) a physician assistant, nurse
practitioner, or clinical nurse specialist (as
those terms are defined in subsection (aa)(5));
or
``(V) a transplant coordinator; and
``(ii) meets such requirements related to
experience and other qualifications that the Secretary
finds necessary and appropriate for furnishing the
services described in paragraph (1); or
``(C) a renal dialysis facility subject to the requirements
of section 1881(b)(1) with personnel who--
``(i) provide the services described in paragraph
(1); and
``(ii) meet the requirements of subparagraph (A) or
(B).
``(3) The Secretary shall develop the requirements under paragraph
(2)(B)(ii) after consulting with physicians, health educators,
professional organizations, accrediting organizations, kidney patient
organizations, dialysis facilities, transplant centers, network
organizations described in section 1881(c)(2), and other knowledgeable
persons.
``(4) In promulgating regulations to carry out this subsection, the
Secretary shall ensure that each beneficiary who is entitled to kidney
disease education services under this title receives such services in a
timely manner that ensures that the beneficiary receives the maximum
benefit of those services.
``(5) The Secretary shall monitor the implementation of this
subsection to ensure that beneficiaries who are eligible for kidney
disease education services receive such services in the manner
described in paragraph (4).
``(6) No individual shall be eligible to be provided more than 6
sessions of kidney disease education services under this title.''.
(2) Payment under physician fee schedule.--Section
1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3))
is amended by inserting ``(2)(AA),'', after ``(2)(W),''.
(3) Payment to renal dialysis facilities.--Section 1881(b)
of the Social Security Act (42 U.S.C. 1395rr(b)) is amended by
adding at the end the following new paragraph:
``(14) For purposes of paragraph (12), the single composite
weighted formulas determined under such paragraph shall not
take into account the amount of payment for kidney disease
education services (as defined in section 1861(bbb)). Instead,
payment for such services shall be made to the renal dialysis
facility on an assignment-related basis under section 1848.''.
(4) Limitation on number of sessions.--Section 1862(a)(1)
of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph
(L);
(B) by striking the semicolon at the end of
subparagraph (M) and inserting ``, and''; and
(C) by adding at the end the following new
subparagraph:
``(N) in the case of kidney disease education services (as
defined in section 1861(bbb)), which are performed in excess of
the number of sessions covered under such section;''.
(5) Annual report to congress.--Not later than April 1,
2007, and annually thereafter, the Secretary of Health and
Human Services shall submit to Congress a report on the number
of medicare beneficiaries who are entitled to kidney disease
education services (as defined in section 1861(bbb) of the
Social Security Act, as added by paragraph (1)) under title
XVIII of such Act and who receive such services, together with
such recommendations for legislative and administrative action
as the Secretary determines to be appropriate to fulfill the
legislative intent that resulted in the enactment of that
subsection.
(b) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2007. | Kidney Disease Educational Benefits Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of kidney disease education services. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide coverage for kidney disease education services under the medicare program, and for other purposes."} | 1,373 | 40 | 0.576444 | 1.250689 | 0.586125 | 4.5 | 41.433333 | 0.966667 |
FUND.
(a) Establishment.--There is established the Systemic Resolution
Fund, which the Corporation shall--
(1) maintain and administer;
(2) use to facilitate the resolution of a covered financial
company, as provided in subsection (b), or take such other
actions as are authorized for the Corporation; and
(3) invest in accordance with section 13(a) of the Federal
Deposit Insurance Act.
(b) Uses of the Fund.--The Fund shall be available to the
Corporation for use with respect to a covered financial company--
(1) to cover the costs incurred by the Corporation,
including as receiver, in exercising its rights, authorities,
and powers and fulfilling its obligations and responsibilities;
(2) to repay initial capitalization appropriations under
this section; and
(3) to cover the costs of systemic stabilization purposes.
(c) Prohibitions.--Notwithstanding any other provision of law
amounts in the Fund may not be used to convert or maintain a financial
company that is insolvent or in receivership, except to the extent
necessary to insure systemic stabilization in the resolution of such
financial company.
(d) Deposits to the Fund.--All amounts assessed against a financial
company under this section shall be deposited into the Fund.
SEC. 4. ASSESSMENTS.
(a) Minimum Size of the Fund.--The Corporation shall, by rule,
establish the minimum size of the Fund, consistent with subsections (a)
and (b), but amounts maintained in the Fund shall in no case exceed an
amount equal to 1 percent of the gross domestic product of the United
States.
(b) Assessments To Maintain Fund.--The Corporation shall impose
assessments on financial companies in such amounts and in such manner,
and subject to such terms and conditions as the Corporation, by
regulation, determines are necessary for the amount in the Fund to be
maintained at not less than the minimum size established pursuant to
subsection (a).
(c) Assessments To Replenish the Fund.--If the Fund falls below the
minimum size established pursuant to subsection (a) the Corporation
shall impose assessments on financial companies, in such amounts and
such manner, and subject to consideration of the factors set forth in
subsection (e), as are necessary for the Fund to meet or exceed the
minimum size established pursuant to subsection (a) before the end of
the 8-year period beginning on the date on which the Fund first fell
below the minimum amount (or such longer period as the Corporation may
determine to be necessary due to extraordinary circumstances).
(d) Minimum Assessment Threshold.--The Corporation may not impose
an assessment under this subsection on any financial company that the
Corporation determines does not pose a systemic risk to the United
States financial system.
(e) Reallocation Required.--The Corporation shall, by rule,
establish a mechanism whereby the systemic risk regulator reallocates
the assessments for the fund annually among all the systemically risky
financial companies, to include the authority to refund contributions,
as necessary or appropriate in the determination of the Corporation.
(f) Factors for Consideration.--In taking actions and making
determinations under this subsection, the Corporation shall seek to
prevent sharp swings in the assessment rates for financial companies,
and shall take into account--
(1) the actual or expected risk of losses to the Fund;
(2) economic conditions generally affecting financial
companies, so as to allow assessments and the Fund to increase
during more favorable conditions and to decrease during less
favorable economic conditions;
(3) any assessments imposed on a financial company or a
subsidiary or affiliate of a financial company that is--
(A) an insured depository institution, subject to
assessments under section 7 or 13(c)(4)(G) of the
Federal Deposit Insurance Act;
(B) a member of the Securities Investor Protection
Corporation, subject to assessments under section 4 of
the Securities Investor Protection Act of 1970; or
(C) an insurance company, subject to assessments
pursuant to applicable State law to cover (or reimburse
payments made to cover) the costs of the
rehabilitation, liquidation, or other State insolvency
proceeding with respect to one or more insurance
companies;
(4) the risks presented by the financial company to the
financial system and the extent to which the financial company
has, or likely would, benefit from the resolution of a
financial company;
(5) any off-balance-sheet activities of the financial
company; and
(6) such other factors as the Corporation may determine to
be appropriate.
(g) Permissible Distinctions for Assessments.--In establishing the
assessment system for the Fund, the Corporation, by regulation, may
differentiate among financial companies based on size, complexity of
operations or organization, relationships, transactions, direct or
indirect activities, and any other factors that the Corporation may
deem appropriate.
(h) Initial Capitalization.--There are authorized to be
appropriated to the Secretary, for fiscal years 2010 and 2011, such
sums as may be necessary to initially capitalize the Fund in accordance
with this section. | Ending Taxpayer Bailouts by Making Wall Street Pay Act of 2010 - Establishes the Systemic Resolution Fund, to be administered by the Federal Deposit Insurance Corporation (FDIC), to: (1) cover the costs of the FDIC, including as receiver, in exercising its rights, authorities, and powers, and in fulfilling its obligations and responsibilities; (2) repay initial capitalization appropriations; and (3) cover the costs of systemic stabilization purposes.
Prohibits the use of amounts in the Fund to convert or maintain a financial company that is insolvent or in receivership, except to the extent necessary to insure systemic stabilization in the company's resolution.
Requires all amounts assessed against a financial company under this Act to be deposited into the Fund.
Directs the FDIC to: (1) impose assessments on financial companies for Fund maintenance and, if need be, replenishment; and (2) establish a mechanism whereby the systemic risk regulator reallocates annually the assessments for the Fund among all the systemically risky financial companies.
Prohibits the FDIC from imposing an assessment on any financial company which it determines does not pose a systemic risk to the U.S. financial system. | {"src": "billsum_train", "title": "A bill to address the establishment and maintenance of the Systemic Resolution Fund of the Federal Deposit Insurance Corporation, and for other purposes."} | 1,051 | 264 | 0.597132 | 1.766606 | 0.837436 | 4.429864 | 4.61086 | 0.882353 |
SECTION 1. OFFICE OF PENSION PARTICIPANT ADVOCACY.
(a) In General.--Title III of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1201 et seq.) is amended by adding at
the end the following:
``Subtitle D--Office of Pension Participant Advocacy
``SEC. 3051. OFFICE OF PENSION PARTICIPANT ADVOCACY.
``(a) Establishment.--
``(1) In general.--There is established in the Department
of Labor an office to be known as the `Office of Pension
Participant Advocacy'.
``(2) Pension participant advocate.--The Office of Pension
Participant Advocacy shall be under the supervision and
direction of an official to be known as the `Pension
Participant Advocate' who shall--
``(A) have demonstrated experience in the area of
pension participant assistance, and
``(B) be selected by the Secretary after
consultation with pension participant advocacy
organizations.
The Pension Participant Advocate shall report directly to the
Secretary and shall be entitled to compensation at the same
rate as the highest rate of basic pay established for the
Senior Executive Service under section 5382 of title 5, United
States Code.
``(b) Functions of Office.--It shall be the function of the Office
of Pension Participant Advocacy to--
``(1) evaluate the efforts of the Federal Government,
business, and financial, professional, retiree, labor, women's,
and other appropriate organizations in assisting and protecting
pension plan participants, including--
``(A) serving as a focal point for, and actively
seeking out, the receipt of information with respect to
the policies and activities of the Federal Government,
business, and such organizations which affect such
participants,
``(B) identifying significant problems for pension
plan participants and the capabilities of the Federal
Government, business, and such organizations to address
such problems, and
``(C) developing proposals for changes in such
policies and activities to correct such problems, and
communicating such changes to the appropriate
officials,
``(2) promote the expansion of pension plan coverage and
the receipt of promised benefits by increasing the awareness of
the general public of the value of pension plans and by
protecting the rights of pension plan participants, including--
``(A) enlisting the cooperation of the public and
private sectors in disseminating information, and
``(B) forming private-public partnerships and other
efforts to assist pension plan participants in
receiving their benefits,
``(3) advocate for the full attainment of the rights of
pension plan participants, including by making pension plan
sponsors and fiduciaries aware of their responsibilities,
``(4) give priority to the special needs of low and
moderate income participants, and
``(5) develop needed information with respect to pension
plans, including information on the types of existing pension
plans, levels of employer and employee contributions, vesting
status, accumulated benefits, benefits received, and forms of
benefits.
``(c) Reports.--
``(1) Annual report.--Not later than December 31 of each
calendar year, the Pension Participant Advocate shall report to
the Committees on Education and the Workforce and Ways and
Means of the House of Representatives and the Committees on
Health, Education, Labor, and Pensions and Finance of the
Senate on its activities during the fiscal year ending in the
calendar year. Such report shall--
``(A) identify significant problems the Advocate
has identified,
``(B) include specific legislative and regulatory
changes to address the problems, and
``(C) identify any actions taken to correct
problems identified in any previous report.
The Pension Participant Advocate shall submit a copy of such
report to the Secretary and any other appropriate official at
the same time it is submitted to the committees of Congress.
``(2) Specific reports.--The Pension Participant Advocate
shall report to the Secretary or any other appropriate official
any time the Advocate identifies a problem which may be
corrected by the Secretary or such official.
``(3) Reports to be submitted directly.--The report
required under paragraph (1) shall be provided directly to the
committees of Congress without any prior review or comment by
any person other than the Secretary or any other Federal
officer or employee.
``(d) Specific Powers.--
``(1) Receipt of information.--Subject to such
confidentiality requirements as may be appropriate, the
Secretary and other Federal officials shall, upon request,
provide such information (including plan documents) as may be
necessary to enable the Pension Participant Advocate to carry
out the Advocate's responsibilities under this section.
``(2) Appearances.--The Pension Participant Advocate may
represent the views and interests of pension plan participants
before any Federal agency, including, upon request of a
participant, in any proceeding involving the participant.
``(3) Contracting authority.--In carrying out
responsibilities under subsection (b)(5), the Pension
Participant Advocate may, in addition to any other authority
provided by law--
``(A) contract with any person to acquire
statistical information with respect to pension plan
participants, and
``(B) conduct direct surveys of pension plan
participants.''.
(b) Conforming Amendment.--The table of contents for title III of
such Act is amended by adding at the end the following:
``Subtitle D--Office of Pension Participant Advocacy
``3051. Office of Pension Participant Advocacy''.
(c) Effective Date.--The amendment made by this section shall take
effect on January 1, 2006. | Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish an Office of Pension Participant Advocacy, with a Pension Participant Advocate, in the Department of Labor. | {"src": "billsum_train", "title": "A bill to create an independent office in the Department of Labor to advocate on behalf of pension participants, and for other purposes."} | 1,199 | 42 | 0.58127 | 1.324439 | 0.320839 | 2.666667 | 34.69697 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Loan Consumer Protection
Act''.
SEC. 2. DISCLOSURE SIMPLIFICATION AND IMPROVEMENT.
(a) More Accurate Finance Charge.--Subsection (e) of section 106 of
the Truth in Lending Act (15 U.S.C. 1605(e)) is amended to read as
follows:
``(e) Exclusion of Certain Escrows.--Escrows for future payments of
taxes and insurance shall not be included in the computation of the
finance charge with respect to any extension of credit secured by an
interest in real property.''.
(b) More Understandable Disclosure Statements.--Section 4(a) of the
Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603(a)) is
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) In developing and prescribing such form, the Secretary shall
clearly delineate, and provide a box for totals for, the following 3
types of charges:
``(A) `Closing Costs', which shall include all noninterest
costs that the consumer is required to pay as a condition for
receiving the extension of credit. Fees paid to or collected by
the lender may be itemized by purpose, but must also be totaled
up and shown separately under the heading `Total Lender Fees'.
``(B) `Prepaid Items', which shall include prepaid
interest, funds deposited into any escrow account, and any
other items required by the lender to be paid in advance.
``(C) `All Other Costs Paid At Closing', which shall
include all costs paid at the time of closing that are neither
Closing Costs nor Prepaid Items.''.
(c) Harmonization of Good Faith Estimate and Settlement
Statement.--Section 5(c) of the Real Estate Settlement Procedures Act
of 1974 (12 U.S.C. 2604(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall, to the maximum extent, harmonize the
terms and forms for the good faith estimate required under this
subsection and the final settlement statement required under section 4,
which shall include delineating, on the good faith estimate, the 3
types of charges specified under section 4(a)(2).''.
SEC. 3. ADVANCE AVAILABILITY OF FINAL SETTLEMENT STATEMENT.
Section 4(b) of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2603(b)) is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) in the first sentence, by striking ``at or before
settlement'' and inserting ``at least 2 days before
settlement''; and
(3) by striking the last sentence.
SEC. 4. PROHIBITION AGAINST MARKUPS AND UNDISCLOSED LENDER FEES.
(a) Requirement to Disclose All Lender Fees.--Section 4 of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603) is amended by
adding at the end the following new subsection:
``(c)(1) All fees paid to or collected by a lender in connection
with a federally related mortgage loan shall be clearly disclosed as
being paid to such lender on the settlement statement for such mortgage
loan.''.
(b) Prohibition of Markups and Unearned Fees.--Section 8(b) of the
Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2607(b)) is
amended by insert after the period at the end the following: ``This
subsection prohibits markups of the cost of services performed or goods
provided by another settlement service provider, and fees charged or
collected by one settlement service provider where no, nominal, or
duplicative work is done.''.
SEC. 5. ENHANCED CONSUMER ASSISTANCE.
Section 5(b) of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2604(b)) is amended--
(1) in paragraph (4) by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraphs:
``(6) an explanation of the issues regarding the cost-
efficiency of refinancing a mortgage loan, including the
tradeoffs between mortgage interest rates and closing costs
(including tax considerations), and other factors that may
affect a mortgagor's decision to refinance; and
``(7) an explanation that some lenders may offer the
mortgagor the option to pay some fees up-front or in the form
of a higher mortgage interest rate, and assistance in
evaluating this type of option.''.
SEC. 6. ADDITIONAL ESCROW ACCOUNT PROTECTIONS.
Section 10 of the Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2609) is amended by adding at the end the following new
subsections:
``(e) Liability of Servicers.--A servicer (as such term is defined
in section 6(i)) for a federally related mortgage loan, in connection
with which an escrow account is established, shall be liable to the
borrower for any fees, penalties, and other charges that arise out of
the servicer's failure to make timely payment of taxes, insurance
premiums, or other charges that are required to be paid out of such
escrow account.
``(f) Force-Placed Hazard Insurance.--A servicer for a federally
related mortgage loan may not receive any portion of any charge,
rebate, or other fee associated with any force-placed hazard insurance
in connection with such loan that arises from the servicer's failure to
make timely payment of insurance premiums.
``(g) Timely Crediting of Escrow Funds.--
``(1) Requirement.--The servicer for a federally related
mortgage loan shall return to the borrower under such loan any
amounts remaining in any escrow account established for such
loan, as follows:
``(A) Notice of payment.--If the borrower provides
written notice to the servicer of intent to pay a loan
in full not less than 7 days before such payment, such
amounts shall be returned not later than the date that
such loan is paid in full. Such return of funds may be
in the form of an offset against the amount required to
pay the loan in full.
``(B) General deadline.--In no case shall such
amounts be returned later than 21 days after the date
that the loan is paid in full.
``(2) Liability for failure to return escrow amounts.--A
servicer who fails to comply with the requirements under
paragraph (1) shall be liable to the borrower under the loan
for the unreturned amount, plus a penalty equal to the sum of
20 percent of the unreturned amount plus 1 percent for each
month that such amounts remain unreturned to the borrower.''.
SEC. 7. ENFORCEMENT OF RESPA CONSUMER PROTECTIONS.
(a) Uniform Enforcement Provisions.--The Real Estate Settlement
Procedures Act of 1974 is amended by inserting after section 12 (12
U.S.C. 2610) the following new section:
``SEC. 13. DAMAGES AND COSTS.
``Whoever fails to comply with any provision of section 4, 5, 6, or
10(c) shall be liable to the borrower for each such failure in an
amount equal to the sum of the following:
``(1) Actual damages.--Any actual damages to the borrower
as a result of such failure.
``(2) Additional damages.--Any additional damages, as the
court may allow, in an amount not to exceed $2,000 for each
loan.
``(3) Costs.--In the case of any successful action for
damages pursuant to this section, the costs of the action,
together with any attorneys' fees incurred in connection with
such action as the court may determine to be reasonable under
the circumstances.''.
(b) Superseded Enforcement Provisions.--The Real Estate Settlement
Procedures Act of 1974 is amended--
(1) in section 6 (12 U.S.C. 2605), by striking subsection
(f); and
(2) in section 10 (12 U.S.C. 2609), by striking subsection
(d).
(c) Jurisdiction of Courts and Statute of Limitations.--Section 16
of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2614)
is amended--
(1) by striking ``, or 9'' and inserting ``, 9, 10, or
13''; and
(2) by striking ``in the case of a violation of section 6''
and all that follows through ``may be brought within 3 years''.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall be made and shall apply upon
the expiration of the 180-day period beginning on the date of the
enactment of this Act. | Mortgage Loan Consumer Protection Act - Amends the Truth in Lending Act, with respect to credit extensions secured by a real property interest, to revise the category of excluded finance charge items.Amends the Real Estate Settlement Procedures Act, with respect to the uniform settlement statement, to require: (1) separate lines for "closing costs, "prepaid items," and "all other costs paid at closing"; (2) at least two days' advance availability of the final settlement statement; and (3) disclosure of all lender fees.Provides, with respect to special information booklets, for: (1) harmonization of good faith estimates and settlement statements; and (2) inclusion of refinancing and upfront payment option information.Prohibits markups and unearned fees.Sets forth servicer escrow-related liabilities.Revises damage and cost, and jurisdiction and statute of limitations provisions. | {"src": "billsum_train", "title": "To amend the Real Estate Settlement Procedures Act of 1974 and the Truth in Lending Act to make the residential mortgage process more understandable, fair, and competitive."} | 2,098 | 191 | 0.555497 | 1.699235 | 0.802702 | 2.107143 | 10.833333 | 0.821429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Lending and Economic
Inequality Reduction Act of 2015''.
SEC. 2. COMMUNITY ADVANTAGE PROGRAM.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended by adding at the end the following:
``(35) Community advantage program.--
``(A) Definitions.--In this paragraph--
``(i) the term `covered institution'
means--
``(I) a development company (as
defined in section 103 of the Small
Business Investment Act of 1958 (15
U.S.C. 662)) that is eligible to
participate in the program established
under title V of such Act (15 U.S.C.
695 et seq.);
``(II) a nonprofit intermediary (as
defined in subsection (m)(11));
``(III) a non-Federally regulated
entity certified as a community
development financial institution by
the Community Development Financial
Institutions Fund established under
section 104(a) of the Riegle Community
Development and Regulatory Improvement
Act of 1994 (12 U.S.C. 4703(a)); or
``(IV) any other nonprofit
organization approved by the Small
Business Administration;
``(ii) the term `program' means the
Community Advantage Program established under
subparagraph (B);
``(iii) the term `Reservist' means a member
of a reserve component of the Armed Forces
named in section 10101 of title 10, United
States Code;
``(iv) the term `service-connected' has the
meaning given that term in section 101(16) of
title 38, United States Code; and
``(v) the term `small business concern in
an underserved market' means a small business
concern--
``(I) that is located in--
``(aa) a low- or moderate-
income community;
``(bb) a HUBZone; or
``(cc) a community that has
been designated as an
empowerment zone or an
enterprise community under
section 1391 of the Internal
Revenue Code of 1986;
``(II) that has more than 50
percent of employees residing in a low-
or moderate-income community;
``(III) that has been in existence
for not more than 2 years on the date
on which a loan is made to the small
business concern under the Community
Advantage Program established under
subparagraph (B);
``(IV) owned and controlled by
veterans;
``(V) owned and controlled by
service-disabled veterans; or
``(VI) not less than 51 percent of
which is owned and controlled by 1 or
more--
``(aa) members of the Armed
Forces participating in the
Transition Assistance Program
of the Department of Defense;
``(bb) Reservists;
``(cc) spouses of veterans,
members of the Armed Forces, or
Reservists; or
``(dd) surviving spouses of
veterans who died on active
duty or as a result of a
service-connected disability.
``(B) Establishment.--There is established a
Community Advantage Program, under which the
Administration may guarantee loans made by covered
institutions under this subsection, including loans
made to small business concerns in underserved markets.
``(C) Requirements.--Not less than 60 percent of
loans made by a covered institution under the program
shall consist of loans made to small business concerns
in underserved markets under the program.
``(D) Maximum loan amount.--The maximum loan amount
under the program is $350,000.
``(E) Regulations.--
``(i) In general.--Not later than 1 year
after the date of enactment of this paragraph,
the Administrator shall promulgate regulations
to carry out the program, which shall be
substantially similar to the Community
Advantage Pilot Program of the Administration,
as in effect on the day before the date of
enactment of this paragraph.
``(ii) Pilot program.--Beginning on the
date on which the regulations promulgated by
the Administrator under clause (i) take effect,
the Administrator may not carry out the
Community Advantage Pilot Program of the
Administration.''.
(b) Technical and Conforming Amendment.--Section 3(r) of the Small
Business Act (15 U.S.C. 632(r)) is amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``, but does not include a covered
institution, as defined in section 7(a)(35)(A)''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``means a business concern'' and inserting the
following: ``--''
``(A) means a business concern if--'';
(B) by redesignating subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii), respectively, and
adjusting the margins accordingly;
(C) in subparagraph (A)(iii), as so redesignated,
by striking the period at the end and inserting ``;
and''; and
(D) by adding at the end the following:
``(B) does not include a covered institution, as
defined in section 7(a)(35)(A).''.
SEC. 3. EXPANDING THE PURPOSES OF ADVANCES AND COLLATERAL AVAILABLE TO
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS.
Section 10(a) of the Federal Home Loan Bank Act (12 U.S.C. 1430(a))
is amended--
(1) in paragraph (2)(B), by inserting ``or community
development financial institution (as defined in section 103 of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4702))'' after ``community financial
institution''; and
(2) in paragraph (3)(E), by inserting ``or community
development financial institution (as defined in section 103 of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4702))'' after ``community financial
institution''. | Small Business Lending and Economic Inequality Reduction Act of 2015 This bill amends the Small Business Act to establish a Community Advantage Program, under which the Small Business Administration (SBA) may guarantee loans up to $350,000 made by specified kinds of institutions, including: development companies eligible for the state and local development company program, nonprofit intermediaries, non-federally regulated entities certified as community development financial institutions, and any other SBA-approved nonprofit organizations. At least 60% of these loans must be made to businesses in certain underserved markets, such as low- or moderate-income communities, HUBZones, empowerment zones, or enterprise communities. The SBA must promulgate regulations for this Program, which shall be substantially similar to its Community Advantage Pilot Program, which shall terminate when these regulations take effect. The Federal Home Loan Bank Act is amended to authorize Federal Home Loan Banks to make long-term secured advances to their members to provide funds to community development financial institutions. At the time of origination or renewal of a loan or advance, a Bank must obtain and maintain a security interest in collateral eligible pursuant to any secured loan for any community development financial institution. | {"src": "billsum_train", "title": "Small Business Lending and Economic Inequality Reduction Act of 2015"} | 1,465 | 248 | 0.521418 | 1.506405 | 0.941609 | 1.933036 | 5.665179 | 0.763393 |
SECTION 1. NATIONAL RUSSIAN THREAT RESPONSE CENTER.
(a) Establishment.--The National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended by inserting after section 119B the following
new section:
``SEC. 119C. NATIONAL RUSSIAN THREAT RESPONSE CENTER.
``(a) Establishment.--There is within the Office of the Director of
National Intelligence a National Russian Threat Response Center (in
this section referred to as the `Center').
``(b) Mission.--The primary missions of the Center shall be as
follows:
``(1) To serve as the primary organization in the United
States Government for analyzing and integrating all
intelligence possessed or acquired by the United States
Government pertaining to threats posed by the Russian
Federation to the national security, political sovereignty, and
economic activity of the United States and its allies.
``(2) To synchronize the efforts of the intelligence
community with respect to countering efforts by Russia to
undermine the national security, political sovereignty, and
economic activity of the United States and its allies,
including by--
``(A) ensuring that each such element is aware of
and coordinating on such efforts; and
``(B) overseeing the development and implementation
of comprehensive and integrated policy responses to
such efforts.
``(3) In coordination with the relevant elements of the
Department of State, the Department of Defense, the
intelligence community, and other departments and agencies of
the United States--
``(A) to develop policy recommendations for the
President to detect, deter, and respond to the threats
posed by Russia described in paragraph (1), including
with respect to covert activities pursuant to section
503; and
``(B) to monitor and assess efforts by Russia to
carry out such threats.
``(4) In coordination with the head of the Global
Engagement Center established by section 1287 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328), to examine current and emerging efforts by Russia to use
propaganda and information operations relating to the threats
posed by Russia described in paragraph (1).
``(5) To identify and close gaps across the departments and
agencies of the Federal Government with respect to expertise,
readiness, and planning to address the threats posed by Russia
described in paragraph (1).
``(c) Director.--
``(1) Appointment.--There is a Director of the Center, who
shall be the head of the Center, and who shall be appointed by
the Director of National Intelligence, with the concurrence of
the Secretary of State. The Director may not simultaneously
serve in any other capacity in the executive branch.
``(2) Reporting.--The Director of the Center shall directly
report to the Director of National Intelligence.
``(3) Responsibilities.--The Director of the Center shall--
``(A) ensure that the relevant departments and
agencies of the Federal Government participate in the
mission of the Center, including by recruiting
detailees from such departments and agencies in
accordance with subsection (e)(1); and
``(B) have primary responsibility within the United
States Government, in coordination with the Director of
National Intelligence, for establishing requirements
for the collection of intelligence related to, or
regarding, the threats posed by Russia described in
subsection (b)(1), in accordance with applicable
provisions of law and Executive orders.
``(d) Annual Reports.--
``(1) In general.--At the direction of the Director of
National Intelligence, but not less than once each year, the
Director of the Center shall submit to the appropriate
congressional committees a report on threats posed by Russia to
the national security, political sovereignty, and economic
activity of the United States and its allies.
``(2) Matters included.--Each report under paragraph (1)
shall include, with respect to the period covered by the
report, a discussion of the following:
``(A) The nature of the threats described in such
paragraph.
``(B) The ability of the United States Government
to address such threats.
``(C) The progress of the Center in achieving its
missions.
``(D) Recommendations the Director determines
necessary for legislative actions to improve the
ability of the Center to achieve its missions.
``(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
``(e) Employees.--
``(1) Detailees.--Any Federal Government employee may be
detailed to the Center on a reimbursable or nonreimbursable
basis, and such detail shall be without interruption or loss of
civil service status or privilege for a period of not more than
8 years.
``(2) Personal service contractors.--The Director of
National Intelligence, in consultation with the Secretary of
State, may hire United States citizens or aliens as personal
services contractors for purposes of personnel resources of the
Center, if--
``(A) the Director of National Intelligence
determines that existing personnel resources are
insufficient;
``(B) the period in which services are provided by
a personal services contractor, including options, does
not exceed 3 years, unless the Director of National
Intelligence determines that exceptional circumstances
justify an extension of up to 1 additional year;
``(C) not more than 10 United States citizens or
aliens are employed as personal services contractors
under the authority of this paragraph at any time; and
``(D) the authority of this paragraph is only used
to obtain specialized skills or experience or to
respond to urgent needs.
``(3) Security clearances.--Each employee detailed to the
Center and contractor of the Center shall have the security
clearance appropriate for the assigned duties of the employee
or contractor.
``(f) Board.--
``(1) Establishment.--There is established a Board of the
National Russian Threat Response Center (in this section
referred to as the `Board').
``(2) Functions.--The Board shall conduct oversight of the
Center to ensure the Center is achieving the missions of the
Center. In conducting such oversight, upon a majority vote of
the members of the Board, the Board may recommend to the
Director of National Intelligence that the Director of the
Center should be removed for failing to achieve such missions.
``(3) Membership.--
``(A) Appointment.--The Board shall consist of 6
members. The head of each department or agency of the
Federal Government specified in subparagraph (B) shall
appoint a senior official from that department or
agency, who shall be a member of the Senior Executive
Service, as a member.
``(B) Departments and agencies represented.--The
department or agency of the Federal Government
specified in this subparagraph are the following:
``(i) The Department of State.
``(ii) The Department of Defense.
``(iii) The Department of Justice.
``(iv) The Department of the Treasury.
``(v) The Department of Homeland Security.
``(vi) The Central Intelligence Agency.
``(4) Meetings.--The Board shall meet not less than
biannually and shall be convened by the member appointed by the
Secretary of State.
``(g) International Engagement.--The Director of the Center may
convene biannual conferences to coordinate international efforts
against threats posed by Russia described in subsection (b)(1).
``(h) Termination.--The Center shall terminate on the date that is
8 years after the date of the enactment of this section.
``(i) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the congressional intelligence committees;
``(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
``(3) the Committee on Foreign Relations and the Committee
on Armed Services of the Senate.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section
119B the following new item:
``Sec. 119C. National Russian Threat Response Center.''.
(c) Conforming Amendment.--Section 507(a) of such Act (50 U.S.C.
3106) is amended by adding at the end the following new paragraph:
``(6) An annual report submitted under section
119C(d)(1).''.
(d) Funding.--
(1) In general.--In addition to any other authority of the
Director of National Intelligence to transfer or reprogram
funds, the Director may transfer not more than $10,000,000 for
each of fiscal years 2018 and 2019 to carry out the functions
of the National Russian Threat Response Center established by
section 119C of the National Security Act of 1947, as added by
subsection (a), during such fiscal years.
(2) Notice.--The Director of National Intelligence shall
notify the congressional intelligence committees (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) of a proposed transfer under paragraph (1) not less than
15 days prior to making such transfer.
(3) Inapplicability of reprogramming requirements.--The
authority to transfer amounts under paragraph (1) shall not be
subject to any transfer or reprogramming requirements under any
other provision of law. | This bill amends the National Security Act of 1947 to establish within the Office of the Director of National Intelligence (DNI) a National Russian Threat Response Center. The primary missions of the center shall be: to serve as the primary U.S. government organization for analyzing and integrating all intelligence pertaining to threats posed by the Russian Federation to the national security, political sovereignty, and economic activity of the United States and its allies; to synchronize the efforts of the intelligence community regarding countering efforts by Russia to undermine such security, sovereignty, and activity; in coordination with the relevant elements of the Department of State, the Department of Defense, the intelligence community, and other U.S. agencies, to develop policy recommendations for the President to detect, deter, and respond to such threats and to monitor and assess Russian efforts to carry out such threats; in coordination with the Global Engagement Center, to examine Russian efforts to use propaganda and information operations relating to such threats; and to identify and close gaps across federal agencies with respect to expertise, readiness, and planning to address such threats. The Director of the center shall be appointed by the DNI with the concurrence of the State Department. The Director shall: (1) ensure that the relevant federal agencies participate in the center's mission, and (2) have primary responsibility for establishing requirements for collecting intelligence regarding threats posed by Russia. A Board of the center is established to conduct oversight. The Director may convene biannual conferences to coordinate international efforts against such threats. | {"src": "billsum_train", "title": "To amend the National Security Act of 1947 to establish the National Russian Threat Response Center within the Office of the Director of National Intelligence, and for other purposes."} | 2,077 | 312 | 0.72616 | 2.195946 | 0.98479 | 4.565068 | 6.623288 | 0.955479 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restrict and Eliminate the Delivery
of Unsolicited Commercial Electronic Mail or Spam Act of 2003'' or the
``REDUCE Spam Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commercial electronic mail message.--
(A) In general.--The term ``commercial electronic
mail message'' means any electronic mail message the
primary purpose of which is the commercial
advertisement or promotion of a commercial product or
service (including content on an Internet website
operated for a commercial purpose).
(B) Reference to company or website.--The inclusion
of a reference to a commercial entity or a link to the
website of a commercial entity in an electronic mail
message does not, by itself, cause such message to be
treated as a commercial electronic mail message for
purposes of this Act if the contents or circumstances
of the message indicate a primary purpose other than
commercial advertisement or promotion of a commercial
product or service.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Electronic mail address.--
(A) In general.--The term ``electronic mail
address'' means a destination (commonly expressed as a
string of characters) to which an electronic mail
message can be sent or delivered.
(B) Inclusion.--In the case of the Internet, the
term ``electronic mail address'' may include an
electronic mail address consisting of a user name or
mailbox (commonly referred to as the ``local part'')
and a reference to an Internet domain (commonly
referred to as the ``domain part'').
(4) FTC act.--The term ``FTC Act'' means the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(5) Header information.--The term ``header information''
means the source, destination, and routing information attached
to an electronic mail message, including the originating domain
name and originating electronic mail address.
(6) Initiate.--The term ``initiate'', when used with
respect to a commercial electronic mail message, means to
originate such message or to procure the transmission of such
message, either directly or through an agent, but shall not
include actions that constitute routine conveyance of such
message by a provider of Internet access service. For purposes
of this Act, more than 1 person may be considered to have
initiated the same commercial electronic mail message.
(7) Internet.--The term ``Internet'' has the meaning given
that term in section 231(e)(3) of the Communications Act of
1934 (47 U.S.C. 231(e)(3)).
(8) Internet access service.--The term ``Internet access
service'' has the meaning given that term in section 231(e)(4)
of the Communications Act of 1934 (47 U.S.C. 231(e)(4)).
(9) Pre-existing business relationship.--
(A) In general.--The term ``pre-existing business
relationship'', when used with respect to a commercial
electronic mail message, means that either--
(i) within the 5-year period ending upon
receipt of a commercial electronic mail
message, there has been a business transaction
between the sender and the recipient, including
a transaction involving the provision, free of
charge, of information, goods, or services
requested by the recipient and the recipient
was, at the time of such transaction or
thereafter, provided a clear and conspicuous
notice of an opportunity not to receive further
commercial electronic mail messages from the
sender and has not exercised such opportunity;
or
(ii) the recipient has given the sender
permission to initiate commercial electronic
mail messages to the electronic mail address of
the recipient and has not subsequently revoked
such permission.
(B) Applicability.--If a sender operates through
separate lines of business or divisions and holds
itself out to the recipient as that particular line of
business or division, then such line of business or
division shall be treated as the sender for purposes of
subparagraph (A).
(10) Recipient.--The term ``recipient'', when used with
respect to a commercial electronic mail message, means the
addressee of such message.
(11) Sender.--The term ``sender'', when used with respect
to a commercial electronic mail message, means the person who
initiates such message. The term ``sender'' does not include a
provider of Internet access service whose role with respect to
electronic mail messages is limited to handling, transmitting,
retransmitting, or relaying such messages.
(12) Unsolicited commercial electronic mail message.--The
term ``unsolicited commercial electronic mail message'' means
any commercial electronic mail message that--
(A) is not a transactional or relationship message;
and
(B) is sent to a recipient without the recipient's
prior affirmative or implied consent.
SEC. 3. COMMERCIAL ELECTRONIC MAIL CONTAINING FRAUDULENT HEADER OR
ROUTING INFORMATION.
(a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1351. Unsolicited commercial electronic mail containing
fraudulent header information
``(a) Any person who initiates the transmission of any unsolicited
commercial electronic mail message, with knowledge and intent that the
message contains or is accompanied by header information that is false
or materially misleading, shall be fined or imprisoned for not more
than 1 year, or both, under this title.
``(b) For purposes of this section, the terms `unsolicited
commercial electronic mail message' and `header information' have the
meanings given such terms in section 2 of the REDUCE Spam Act of
2003.''.
(b) Conforming Amendment.--The chapter analysis at the beginning of
chapter 63 of title 18, United States Code, is amended by adding at the
end the following:
``1351. Unsolicited commercial electronic mail.''.
SEC. 4. REQUIREMENTS FOR UNSOLICITED COMMERCIAL ELECTRONIC MAIL.
(a) Subject Line Requirements.--It shall be unlawful for any person
to initiate the transmission of an unsolicited commercial electronic
mail message to an electronic mail address within the United States,
unless the subject line includes--
(1) except in the case of an unsolicited commercial
electronic mail message described in paragraph (2)--
(A) an identification that complies with the
standards adopted by the Internet Engineering Task
Force for identification of unsolicited commercial
electronic mail messages; or
(B) in the case of the absence of such standards,
``ADV:'' as the first four characters; or
(2) in the case of an unsolicited commercial electronic
mail message that contains material that may only be viewed,
purchased, rented, leased, or held in possession by an
individual 18 years of age and older--
(A) an identification that complies with the
standards adopted by the Internet Engineering Task
Force for identification of adult-oriented unsolicited
commercial electronic mail messages; or
(B) in the case of the absence of such standards,
``ADV:ADLT'' as the first eight characters.
(b) Return Address Requirements.--
(1) Establishment.--It shall be unlawful for any person to
initiate the transmission of an unsolicited commercial
electronic mail message to an electronic mail address within
the United States, unless the sender establishes a valid
sender-operated return electronic mail address where the
recipient may notify the sender not to send any further
commercial electronic mail messages.
(2) Included statement.--All unsolicited commercial
electronic mail messages subject to this subsection shall
include a statement informing the recipient of the valid return
electronic mail address referred to in paragraph (1).
(3) Prohibition of sending after objection.--Upon
notification or confirmation by a recipient of the recipient's
request not to receive any further unsolicited commercial
electronic mail messages, it shall be unlawful for a person, or
anyone acting on that person's behalf, to send any unsolicited
commercial electronic mail message to that recipient. Such a
request shall be deemed to terminate a pre-existing business
relationship for purposes of determining whether subsequent
messages are unsolicited commercial electronic mail messages.
(c) Header and Subject Heading Requirements.--
(1) False or misleading header information.--It shall be
unlawful for any person to initiate the transmission of an
unsolicited commercial electronic mail message that such person
knows, or reasonably should know, contains or is accompanied by
header information that is false or materially misleading.
(2) Deceptive subject headings.--It shall be unlawful for
any person to initiate the transmission of an unsolicited
commercial electronic mail message with a subject heading that
such person knows, or reasonably should know, is likely to
mislead a recipient, acting reasonably under the circumstances,
about a material fact regarding the contents or subject matter
of the message.
(d) Affirmative Defense.--A person who violates subsection (a) or
(b) shall not be liable if--
(1)(A) the person has established and implemented, with due
care, reasonable practices and procedures to effectively
prevent such violations; and
(B) the violation occurred despite good faith efforts to
maintain compliance with such practices and procedures; or
(2) within the 2-day period ending upon the initiation of
the transmission of the unsolicited commercial electronic mail
message in violation of subsection (a) or (b), such person
initiated the transmission of such message, or one
substantially similar to it, to less than 1,000 electronic mail
addresses.
SEC. 5. ENFORCEMENT.
(a) In General.--Section 4 shall be enforced by the Commission
under the FTC Act. For purposes of such Commission enforcement, a
violation of this Act shall be treated as a violation of a rule under
section 18 (15 U.S.C. 57a) of the FTC Act prohibiting an unfair or
deceptive act or practice.
(b) Rulemaking.--Not later than 30 days after the date of enactment
of this Act, the Commission shall institute a rulemaking proceeding
concerning enforcement of this Act. The rules adopted by the Commission
shall prevent violations of section 4 in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the FTC Act were incorporated into
and made a part of this section, except that the rules shall also
include--
(1) procedures to minimize the burden of submitting a
complaint to the Commission concerning a violation of section
4, including procedures to allow the electronic submission of
complaints to the Commission;
(2) civil penalties for violations of section 4 in an
amount sufficient to effectively deter future violations, a
description of the type of evidence needed to collect such
penalties, and procedures to collect such penalties if the
Commission determines that a violation of section 4 has
occurred;
(3) procedures for the Commission to grant a reward of not
less than 20 percent of the total civil penalty collected to
the first person that--
(A) identifies the person in violation of section
4; and
(B) supplies information that leads to the
successful collection of a civil penalty by the
Commission;
(4) a provision that enables the Commission to keep the
remainder of the civil penalty collected and use the funds
toward the prosecution of further claims, including for
necessary staff or resources; and
(5) civil penalties for knowingly submitting a false
complaint to the Commission.
(c) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Commission shall conclude the rulemaking
proceeding initiated under subsection (b) and shall prescribe
implementing regulations.
SEC. 6. PRIVATE RIGHT OF ACTION.
(a) Action Authorized.--A recipient of an unsolicited commercial
electronic mail message, or a provider of Internet access service,
adversely affected by a violation of section 4 may bring a civil action
in any district court of the United States with jurisdiction over the
defendant to--
(1) enjoin further violation by the defendant; or
(2) recover damages in an amount equal to--
(A) actual monetary loss incurred by the recipient
or provider of Internet access service as a result of
such violation; or
(B) at the discretion of the court, the amount
determined under subsection (b).
(b) Statutory Damages.--
(1) In general.--For purposes of subsection (a)(2)(B), the
amount determined under this subsection is the amount
calculated by multiplying the number of willful, knowing, or
negligent violations by an amount, in the discretion of the
court, of up to $10.
(2) Per-violation penalty.--In determining the per-
violation penalty under this subsection, the court shall take
into account the degree of culpability, any history of prior
such conduct, ability to pay, the extent of economic gain
resulting from the violation, and such other matters as justice
may require.
(c) Attorney Fees.--In any action brought pursuant to subsection
(a), the court may, in its discretion, require an undertaking for the
payment of the costs of such action, and assess reasonable costs,
including reasonable attorneys' fees, against any party.
SEC. 7. INTERNET ACCESS SERVICE PROVIDERS.
Nothing in this Act shall be construed--
(1) to enlarge or diminish the application of chapter 121
of title 18, relating to when a provider of Internet access
service may disclose customer communications or records;
(2) to require a provider of Internet access service to
block, transmit, route, relay, handle, or store certain types
of electronic mail messages;
(3) to prevent or limit, in any way, a provider of Internet
access service from adopting a policy regarding commercial
electronic mail messages, including a policy of declining to
transmit certain types of commercial electronic mail messages,
or from enforcing such policy through technical means, through
contract, or pursuant to any other provision of Federal, State,
or local criminal or civil law; or
(4) to render lawful any such policy that is unlawful under
any other provision of law.
SEC. 8. EFFECT ON OTHER LAWS.
Nothing in this Act shall be construed to impair the enforcement of
section 223 or 231 of the Communications Act of 1934 (47 U.S.C. 223 or
231), chapter 71 (relating to obscenity) or 110 (relating to sexual
exploitation of children) of title 18, United States Code, or any other
Federal criminal statute.
SEC. 9. FTC STUDY.
Not later than 24 months after the date of enactment of this Act,
the Commission, in consultation with appropriate agencies, shall submit
a report to Congress that provides a detailed analysis of the
effectiveness and enforcement of the provisions of this Act and the
need, if any, for Congress to modify such provisions.
SEC. 10. STUDY OF POSSIBLE INTERNATIONAL AGREEMENT.
Not later than 6 months after the date of enactment of this Act,
the President shall--
(1) conduct a study in consultation with the Internet
Engineering Task Force on the possibility of an international
agreement to reduce spam; and
(2) issue a report to Congress setting forth the findings
of the study required by paragraph (1).
SEC. 11. EFFECTIVE DATE.
The provisions of this Act shall take effect 180 days after the
date of enactment of this Act, except that subsections (b) and (c) of
section 5 shall take effect upon the date of enactment of this Act. | Restrict and Eliminate the Delivery of Unsolicited Commercial Electronic Mail or Spam Act of 2003 or REDUCE Spam Act of 2003 - Amends the Federal criminal code to prohibit the initiation of a transmission of any unsolicited commercial electronic mail (spam) message with the knowledge that such message contains or is accompanied by false or misleading header (identifying) information.Prohibits any person from initiating the transmission of a spam message to an electronic mail (e-mail) address within the United States unless the subject line includes legally compliant identifying information or "ADV" as its first characters for commercial advertisements or "ADV: ADLT" for adult advertisements. Requires a sender to establish a valid sender operated return e-mail address where the recipient may notify the sender not to send further spam. Prohibits: (1) sending spam after notification of the recipient's objection; or (2) including false or misleading header information or deceptive subject headings as part of spam transmissions. Provides: (1) affirmative defenses; and (2) enforcement through the Federal Trade Commission (FTC).Permits a spam recipient or a provider of Internet access service adversely affected by a violation of this Act to bring a civil action. Requires the FTC to submit to Congress a detailed analysis of the effectiveness and enforcement of provisions of this Act and the need, if any, for modifications. Directs the President to study and report to Congress on the possibility of an international agreement to reduce spam. | {"src": "billsum_train", "title": "A bill to reduce unsolicited commercial electronic mail and to protect children from sexually oriented advertisements."} | 3,450 | 335 | 0.575537 | 1.705477 | 0.72506 | 3.218182 | 11.443636 | 0.898182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating European Anti-Semitism Act
of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) During the past decade, there has been a steady
increase in anti-Semitic incidents in Europe, resulting in
European Jews being the targets of physical and verbal
harassment and even lethal terrorist attacks, all of which has
eroded personal and communal security and the quality of daily
Jewish life.
(2) According to reporting by the European Union Agency for
Fundamental Rights (FRA), between 2005 and 2014, anti-Semitic
incidents increased in France from 508 to 851; in Germany from
60 to 173; in Belgium from 58 to 130; in Italy from 49 to 86;
and in the United Kingdom from 459 to 1,168.
(3) Anti-Zionism has at times devolved into anti-Semitic
attacks, prompting condemnation from many European leaders,
including French Prime Minister Manuel Valls, British Prime
Minister David Cameron, and German Chancellor Angela Merkel.
(4) Since 2010, the Department of State has adhered to the
working definition of Anti-Semitism by the European Monitoring
Center on Racism and Xenophobia (EUMC). Some contemporary
examples of anti-Semitism include the following:
(A) Calling for, aiding, or justifying the killing
or harming of Jews (often in the name of a radical
ideology or an extremist view of religion).
(B) Making mendacious, dehumanizing, demonizing, or
stereotypical allegations about Jews as such, or the
power of Jews as a collective, especially, but not
exclusively, the myth about a world Jewish conspiracy
or of Jews controlling the media, economy, government,
or other societal institutions.
(C) Accusing Jews as a people of being responsible
for real or imagined wrongdoing committed by a single
Jewish person or group, the State of Israel, or even
for acts committed by non-Jews.
(D) Accusing the Jews as a people, or Israel as a
state, of inventing or exaggerating the Holocaust.
(E) Accusing Jewish citizens of being more loyal to
Israel, or to the alleged priorities of Jews worldwide,
than to the interest of their own countries.
(5) On October 16, 2004, the President signed into law the
Global Anti-Semitism Review Act of 2004 (Public Law 108-332).
This law provides the legal foundation for a reporting
requirement provided by the Department of State annually on
anti-Semitism around the world.
(6) In November 2015, the House of Representatives passed
H. Res. 354 by a vote of 418-0, urging the Secretary of State
to continue robust United States reporting on anti-Semitism by
the Department of State and the Special Envoy to Combat and
Monitor Anti-Semitism.
(7) In 2016, the International Holocaust Remembrance
Alliance (IHRA), comprised of 31 member countries, adopted a
working definition of anti-Semitism which stated: ``Anti-
Semitism is a certain perception of Jews, which may be
expressed as hatred toward Jews. Rhetorical and physical
manifestations of anti-Semitism are directed toward Jewish or
non-Jewish individuals and/or their property, toward Jewish
community institutions and religious facilities''.
(8) The IHRA further clarified that manifestations of anti-
Semitism might also target the State of Israel, conceived of as
a Jewish collectivity. Anti-Semitism frequently charges Jews
with conspiring to harm humanity, and it is often used to blame
Jews for ``why things go wrong''. It is expressed in speech,
writing, visual forms, and action, and employs sinister
stereotypes and negative character traits.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the national interest of the United States to
combat anti-Semitism at home and abroad;
(2) anti-Semitism is a challenge to the basic principles of
tolerance, pluralism, and democracy, and the shared values that
bind Americans and Europeans together;
(3) there is an urgent need to ensure the safety and
security of European Jewish communities, including synagogues,
schools, cemeteries, and other institutions;
(4) the United States should continue to emphasize the
importance of combating anti-Semitism in multilateral bodies,
including the United Nations, European Union institutions, and
the Organization for Security and Cooperation in Europe;
(5) the Department of State should continue to thoroughly
document acts of anti-Semitism and anti-Semitic incitement that
occur around the world, and should continue to encourage other
countries to do the same, and share their findings; and
(6) the Department of State should continue to work to
encourage adoption by national government institutions and
multi-lateral institutions of a working definition of anti-
Semitism similar to the one adopted in the International
Holocaust Remembrance Alliance context.
SEC. 4. ANNUAL REPORTING ON THE STATE OF ANTI-SEMITISM IN EUROPE.
Paragraph (1) of section 102(b) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6412) is amended by adding at the end
the following new subparagraph:
``(G) Anti-semitism in europe.--In addition to the
information required under clause (iv) of subparagraph
(A), with respect to each European country in which
verbal or physical threats or attacks are particularly
significant against Jewish persons, places of worship,
schools, cemeteries, and other religious institutions,
a description of--
``(i) the security challenges and needs of
European Jewish communities and European law
enforcement agencies in such countries to
better protect such communities;
``(ii) to the extent practicable, the
efforts of the United States Government over
the reporting period to partner with European
law enforcement agencies and civil society
groups regarding the sharing of information and
best practices to combat anti-Semitic incidents
in Europe;
``(iii) European educational programming
and public awareness initiatives that aim to
collaborate on educational curricula and
campaigns that impart shared values of
pluralism and tolerance, and showcase the
positive contributions of Jews in culture,
scholarship, science, and art, with special
attention to those segments of the population
that exhibit a high degree of anti-Semitic
animus; and
``(iv) efforts by European governments to
adopt and apply a working definition of anti-
Semitism.''. | Combating European Anti-Semitism Act of 2016 This bill expresses the sense of Congress that: (1) it is in the U.S. national interest to combat anti-Semitism at home and abroad; (2) there is a need to ensure the security of European Jewish communities, including synagogues, schools, and cemeteries; and (3) the United States should continue to emphasize the importance of combating anti-Semitism in multilateral bodies. The International Religious Freedom Act of 1998 is amended to require the Department of State's Annual Report on International Religious Freedom to include, for each European country in which threats or attacks against Jewish persons, schools, and religious institutions are particularly significant, a description of: the security challenges and needs of European Jewish communities and European law enforcement agencies; U.S. efforts to partner with European law enforcement agencies and civil society groups to combat anti-Semitic incidents; educational programming and public awareness initiatives that impart values of pluralism and tolerance, showcase the positive contributions of Jews, and pay special attention to population segments that exhibit a high degree of anti-Semitic animus; and efforts by European governments to adopt and apply a working definition of anti-Semitism. | {"src": "billsum_train", "title": "Combating European Anti-Semitism Act of 2016"} | 1,469 | 266 | 0.466519 | 1.52075 | 0.582758 | 4.372807 | 5.846491 | 0.951754 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Economic Certainty Act of
2011''.
SEC. 2. MORATORIUM ON REGULATIONS AND RULES.
Until the end of the moratorium period, a Federal agency may not
take any rulemaking action unless an exception is provided under
section 5.
SEC. 3. REQUIREMENTS RELATING TO ECONOMIC IMPACT STATEMENTS.
(a) Economic Impact Statements on Pending Rulemaking Actions.--Not
later than 30 days after the date of the enactment of this Act, each
Federal agency shall begin to prepare an economic impact statement on
each rulemaking action of the agency that was proposed but not
promulgated before the start of the moratorium period. Not later than
12 months after the start of the moratorium period, each Federal agency
shall submit to the appropriate Congressional committees the economic
impact statements relating to all such pending rulemaking actions of
the agency.
(b) Economic Impact Statements on Rulemaking Actions Following
Moratorium.--After the moratorium period, any rulemaking action shall
include an economic impact statement.
(c) Definition.--In this Act, the term ``economic impact
statement'' means a statement from a Federal agency, certified by the
Director of the Office of Management and Budget, that contains a
detailed estimate of the total annual costs and benefits of a
regulation or rule, including the anticipated net impact of the
regulation or rule on employment.
SEC. 4. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES.
(a) In General.--Any deadline for, relating to, or involving any
action dependent upon, any rulemaking actions authorized or required to
be taken before the end of the moratorium period is extended for 5
months or until the end of the moratorium period, whichever is later.
(b) Deadline Defined.--The term ``deadline'' means any date certain
for fulfilling any obligation or exercising any authority established
by or under any Federal statute or regulation or rule, or by or under
any court order implementing any Federal statute or regulation or rule.
(c) Identification of Postponed Deadlines.--Not later than 30 days
after the date of the enactment of this Act, the President shall
identify and publish in the Federal Register a list of deadlines
covered by subsection (a).
SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS.
(a) Emergency Exception.--Section 3(a) or 4(a), or both, shall not
apply to a rulemaking action if--
(1) the head of a Federal agency otherwise authorized to
take the action submits a written request to the Administrator
of the Office of Information and Regulatory Affairs within the
Office of Management and Budget and submits a copy thereof to
the appropriate committees of each House of the Congress;
(2) the Administrator of the Office of Information and
Regulatory Affairs within the Office of Management and Budget
finds in writing that a waiver for the action is (A) necessary
because of an imminent threat to health or safety or other
emergency, or (B) necessary for the enforcement of criminal
laws; and
(3) the Federal agency head publishes the finding and
waiver in the Federal Register.
(b) Exclusions.--The head of an agency shall publish in the Federal
Register any action excluded because of a certification under section
6(3)(B).
(c) Civil Rights Exception.--Section 3(a) or 4(a), or both, shall
not apply to a rulemaking action to establish or enforce any statutory
rights against discrimination on the basis of age, race, religion,
gender, national origin, or handicapped or disability status except
such rulemaking actions that establish, lead to, or otherwise rely on
the use of a quota or preference based on age, race, religion, gender,
national origin, or handicapped or disability status.
SEC. 6. DEFINITIONS.
In this Act:
(1) Federal agency.--The term ``Federal agency'' means any
executive department, military department, Government
corporation, Government-controlled corporation, or other
establishment in the executive branch of the Government
(including the Executive Office of the President), or any
independent regulatory agency, but does not include--
(A) the General Accounting Office;
(B) the Federal Election Commission;
(C) the governments of the District of Columbia and
of the territories and possessions of the United
States, and their various subdivisions;
(D) Government-owned contractor-operated
facilities, including laboratories engaged in national
defense research and production activities;
(E) the Board of Governors of the Federal Reserve
System; or
(F) the Federal Deposit Insurance Corporation.
(2) Moratorium period.--The term ``moratorium period''
means the two-year period beginning on the date occurring 30
days after the date of the enactment of this Act.
(3) Regulation or rule.--
(A) In general.--Except as provided in subparagraph
(B), the term ``regulation or rule'' means an agency
statement of general applicability and future effect,
which the agency intends to have the force and effect
of law, that is designed to implement, interpret, or
prescribe law or policy or to describe the procedure or
practice requirements of an agency.
(B) Exceptions.--The term ``regulation or rule''
does not include any of the following:
(i) Regulations or rules that pertain to a
military or foreign affairs function of the
United States other than procurement
regulations and regulations involving the
import or export of non-defense articles and
services.
(ii) Regulations or rules that are limited
to agency organization, management, or
personnel matters.
(iii) Regulations or rules that the
Administrator of the Office of Information and
Regulatory Affairs within the Office of
Management and Budget certifies in writing are
limited to repealing an existing regulation or
rule.
(iv) Regulations or rules that pertain to
aviation safety.
(v) Regulations or rules that grant an
application for licenses, registrations, or
similar authorities; grant or recognize
exemptions; grant a variance or petition for
relief from a regulatory requirement or other
action relieving a restriction; or any action
necessary to permit new or improved
applications of technology or allow the
manufacture, distribution, sale, or use of a
substance or product.
(4) Rulemaking action.--The term ``rulemaking action''
means the formulation, amendment, or repeal of a regulation or
rule by a Federal agency.
(5) License.--The term ``license'' means the whole or part
of an agency permit, certificate, approval, registration,
charter, membership, statutory exemption, or other form of
permission.
(6) Imminent threat to health or safety.--The term
``imminent threat to health or safety'' means the existence of
any condition, circumstance, or practice reasonably expected to
cause death, serious illness, or severe injury to humans, or
substantial endangerment to private property during the
moratorium period.
SEC. 7. LIMITATION ON CIVIL ACTIONS.
No private right of action may be brought against any Federal
agency for a violation of this Act. This prohibition shall not affect
any private right of action or remedy otherwise available under any
other law. | Restoring Economic Certainty Act of 2011 - Prohibits federal agencies from taking any rulemaking action during the two-year period beginning 30 days after enactment of this Act. Extends any deadline for any action authorized or required to be taken before the end of such moratorium period for five months or until the end of the period, whichever is later. Specifies exceptions, including for actions that: (1) are determined to be necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, or to establish or enforce statutory rights against discrimination; or (2) pertain to a military or foreign affairs function other than procurement or to aviation safety.
Requires each federal agency to submit an economic impact statement, which shall contain a detailed estimate of the total annual costs and benefits of a regulation or rule, including the anticipated net impact on employment, on each rulemaking action that was proposed but not promulgated before the start of such moratorium. Requires any rulemaking action after the moratorium ends to include such a statement.
Exempts: (1) the General Accounting Office (GAO); (2) the Federal Election Commission (FEC); (3) the governments of the District of Columbia and of U.S. territories and possessions; (4) government-owned contractor-operated facilities; (5) the Board of Governors of the Federal Reserve System; and (6) the Federal Deposit Insurance Corporation (FDIC). | {"src": "billsum_train", "title": "To ensure economy and efficiency of Federal Government operations by establishing a moratorium on rulemaking actions, and for other purposes."} | 1,609 | 311 | 0.668663 | 2.010253 | 0.773322 | 4.125448 | 5.243728 | 0.942652 |
SECTION 1. INSPECTOR GENERAL STUDY.
(a) Study.--The Inspector General of the Federal Deposit Insurance
Corporation (FDIC) shall conduct a comprehensive study on the impact of
the failure of insured depository institutions.
(b) Definitions.--For purposes of this Act--
(1) the term ``insured depository institution'' has the meaning
given such term in section 3(c) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(c)); and
(2) the term ``private equity company'' has the meaning given
the terms ``hedge fund'' and ``private equity fund'' in section
13(h)(2) of the Bank Holding Company Act of 1956 (12 U.S.C.
1851(h)(2)).
(c) Matters To Be Studied.--In conducting the study under this
section, the Inspector General shall address the following:
(1) Loss-sharing agreements.--The effect of loss-sharing
agreements (LSAs), including--
(A) the impact of loss-sharing on the insured depository
institutions that survive and the borrowers of insured
depository institutions that fail, including--
(i) the impact on the rate of loan modifications and
adjustments;
(ii) whether more types of loans (such as commercial
(including land development and 1- to 4-family residential
and commercial construction loans), residential, or small
business loans) could be modified with fewer LSAs, or if
LSAs could be phased out altogether;
(iii) the FDIC's policies and procedures for monitoring
LSAs, including those designed to ensure institutions are
not imprudently selling assets at a depressed value;
(iv) the impact on the availability of credit; and
(v) the impact on loans with participation agreements
outstanding with other insured depository institutions;
(B) the FDIC's policies and procedures for terminating LSAs
and mitigating the risk of acquiring institutions having
substantial assets remaining in their portfolio when the LSAs
are due to expire;
(C) the extent to which LSAs provide incentives for loan
modifications and other means of increasing the probability of
commercial assets being considered ``performing'';
(D) the nature and extent of differences for modifying
residential assets and working out commercial real estate under
LSAs; and
(E) methods of ensuring the orderly end of expiring LSAs to
prevent any adverse impact on borrowing, real estate industry
and the Depositors Insurance Fund.
(2) Losses.--The significance of losses, including--
(A) the number of insured depository institutions that have
been placed into receivership or conservatorship due to
significant losses arising from loans for which all payments of
principal, interest, and fees were current, according to the
contractual terms of the loans;
(B) the impact of significant losses arising from loans for
which all payments of principal, interest, and fees were
current, according to the contractual terms of the loans, on
the ability of insured depository institutions to raise
additional capital;
(C) the effect of changes in the application of fair value
accounting rules and other accounting standards, including the
allowance for loan and lease loss methodology, on insured
depository institutions, specifically the degree to which fair
value accounting rules and other accounting standards have led
to regulatory action against banks, including consent orders
and closure of the institution; and
(D) whether field examiners are using appropriate appraisal
procedures with respect to losses arising from loans for which
all payments of principal, interest, and fees were current,
according to the contractual terms of the loans, and whether
the application of appraisals leads to immediate write downs on
the value of the underlying asset.
(3) Appraisals.--
(A) The number of insured depository institutions placed
into receivership or conservatorship due to asset write-downs
and the policies and procedures for evaluating the adequacy of
an insured depository institution's allowance for loan and
lease losses.
(B) The policies and procedures examiners use for
evaluating the appraised values of property securing real
estate loans and the extent to which those policies and
procedures are followed.
(C) FDIC field examiner implementation of guidance issued
December 2, 2010, titled ``Agencies Issue Final Appraisal and
Evaluation Guidelines''.
(4) Capital.--
(A) The factors that examiners use to assess the adequacy
of capital at insured depository institutions, including the
extent to which the quality and risk profile of the insured
institution's loan portfolio is considered in the examiners'
assessment.
(B) The number of applications received by the FDIC from
private capital investors to acquire insured depository
institutions in receivership, the factors used by the FDIC in
evaluating the applications, and the number of applications
that have been approved or not approved, including the reasons
pertaining thereto.
(C) The policies and procedures associated with the
evaluation of potential private investments in insured
depository institutions and the extent to which those policies
and procedures are followed.
(5) Workouts.--The success of FDIC field examiners in
implementing FDIC guidelines titled ``Policy Statement on Prudent
Commercial Real Estate Loan Workouts'' (October 31, 2009) regarding
workouts of commercial real estate, including--
(A) whether field examiners are using the correct
appraisals; and
(B) whether there is any difference in implementation
between residential workouts and commercial (including land
development and 1- to 4-family residential and commercial
construction loans) workouts.
(6) Orders.--The application and impact of consent orders and
cease and desist orders, including--
(A) whether such orders have been applied uniformly and
fairly across all insured depository institutions;
(B) the reasons for failing to apply such orders uniformly
and fairly when such failure occurs;
(C) the impact of such orders on the ability of insured
depository institutions to raise capital;
(D) the impact of such orders on the ability of insured
depository institutions to extend or modify credit to existing
and new borrowers; and
(E) whether individual insured depository institutions have
improved enough to have such orders removed.
(7) FDIC policy.--The application and impact of FDIC policies,
including--
(A) the impact of FDIC policies on the investment in
insured depository institutions, especially in States where
more than 10 such institutions have failed since 2008;
(B) whether the FDIC fairly and consistently applies
capital standards when an insured depository institution is
successful in raising private capital; and
(C) whether the FDIC steers potential investors away from
insured depository institutions that may be in danger of being
placed in receivership or conservatorship.
(8) Private equity companies.--The FDIC's handling of potential
investment from private equity companies in insured depository
institutions, including--
(A) the number of insured depository institutions that have
been approved to receive private equity investment by the FDIC;
(B) the number of insured depository institutions that have
been rejected from receiving private equity investment by the
FDIC; and
(C) the reasons for rejection of private equity investment
when such rejection occurs.
(d) Report.--Not later than 1 year after the date of the enactment
of this Act, the Inspector General shall submit to Congress a report--
(1) on the results of the study conducted pursuant to this
section; and
(2) any recommendations based on such study.
(e) Coordination Between FDIC IG, Treasury IG, and Federal Reserve
IG.--In carrying out this section, the Inspector General of the FDIC
shall consult with the Inspectors General of the Treasury and of the
Federal Reserve System, and such Inspectors General shall provide any
documents or other material requested by the Inspector General of the
FDIC in order to carry out this section.
SEC. 2. CONGRESSIONAL TESTIMONY.
The Inspector General of the Federal Deposit Insurance Corporation
and the Comptroller General of the United States shall appear before
the Committee on Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of Representatives,
not later than 150 days after the date of publication of the study
required under this Act to discuss the outcomes and impact of Federal
regulations on bank examinations and failures.
SEC. 3. GAO STUDY.
(a) Study.--The Comptroller General of the United States shall
carry out a study on the following:
(1) The causes of high levels of bank failures in States with
10 or more failures since 2008.
(2) The procyclical impact of fair value accounting standards.
(3) The causes and potential solutions for the ``vicious
cycle'' of loan write downs, raising capital, and failures.
(4) An analysis of the community impact of bank failures.
(5) The feasibility and overall impact of loss share
agreements.
(b) Report.--Not later than the end of the 1-year period beginning
on the date of the enactment of this Act, the Comptroller General shall
issue a report to the Congress on the study carried out pursuant to
subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (Sec. 1) Directs the Inspector General (IG) of the Federal Deposit Insurance Corporation (FDIC) to study the impact of the failure of insured depository institutions.
Prescribes study details, including: (1) the impact of loss-sharing agreements (LSAs) upon the insured depository institutions that survive and the borrowers of those insured depository institutions that fail; (2) FDIC policies and procedures for monitoring LSAs, including those designed to ensure that institutions are not imprudently selling assets at a depressed value; (3) FDIC policies and procedures for terminating LSAs and mitigating the risk of acquiring institutions having substantial assets remaining in their portfolio when the LSAs are due to expire; (4) methods of ensuring the orderly end of expiring LSAs to prevent adverse impacts upon either borrowing, the real estate industry, or the Depositors Insurance Fund; (5) the significance of losses; and (6) the number of insured depository institutions placed into either receivership or conservatorship due to significant losses arising from loans for which all payments of principal, interest, and fees (payments) were current, under the contract.
Requires the study to examine: (1) the impact of significant losses arising from loans for which all payments were current on the ability of insured depository institutions to raise additional capital; (2) the degree to which fair value accounting rules and other accounting standards have led to regulatory action against banks; and (3) whether field examiners use appropriate appraisal procedures with respect to losses arising from loans for which all payments were current and whether the application of appraisals leads to immediate write downs on the value of the underlying asset.
Requires the study also to cover: (1) the policies and procedures for evaluating the adequacy of an insured depository institution's allowance for loan and lease losses, (2) examiners' policies and procedures for evaluating appraised values of property securing real estate loans, (3) examiners' implementation of specified FDIC guidelines, (4) factors examiners use to assess the adequacy of capital at insured depository institutions, (5) the factors used by the FDIC in evaluating applications of private capital investors to acquire insured depository institutions in receivership, and (6) the extent to which policies and procedures associated with the evaluation of potential private investments in insured depository institutions are followed.
Requires such study also to address: (1) the success of FDIC field examiners in implementing specified FDIC guidelines governing workouts of commercial real estate loans, (2) the application and impact of consent orders and cease and desist orders, (3) the application and impact of FDIC policies, and (4) the FDIC's handling of potential investment from private equity companies in insured depository institutions.
Requires the Inspectors General of the U.S. Treasury and of the Federal Reserve System to provide any material requested by the IG order to implement this Act.
(Sec. 2) Directs the FDIC IG and the Comptroller General (GAO) to appear before certain congressional committees within 150 days after publication of the study required by this Act to discuss the outcomes and impact of federal regulations on bank examinations and failures.
(Sec. 3) Directs the GAO to study: (1) the causes of bank failures in states with 10 or more failures since 2008; (2) the procyclical impact of fair value accounting standards; (3) the causes and potential solutions for the "vicious cycle" of loan write downs, raising capital, and failures; (4) the impact of bank failures upon the community; and (5) the feasibility and overall impact of LSAs. | {"src": "billsum_train", "title": "To instruct the Inspector General of the Federal Deposit Insurance Corporation to study the impact of insured depository institution failures, and for other purposes."} | 1,954 | 778 | 0.715714 | 2.403251 | 0.786924 | 4.949422 | 2.66185 | 0.946532 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Algae Agriculture
Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. National conservation practice standard for algae-based
nutrient management systems.
Sec. 3. Rural electrification assistance programs.
Sec. 4. Agriculture and Food Research Initiatives priorities.
Sec. 5. Foundation for Food and Agriculture Research Purposes.
Sec. 6. Studies.
Sec. 7. Center of excellence.
Sec. 8. Energy programs.
Sec. 9. Assistance for algae production.
SEC. 2. NATIONAL CONSERVATION PRACTICE STANDARD FOR ALGAE-BASED
NUTRIENT MANAGEMENT SYSTEMS.
Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is
amended by adding at the end the following:
``(m) National Conservation Practice Standard for Algae-Based
Nutrient Management Systems.--Not later than 2 years after the date of
enactment of the Algae Agriculture Act of 2018, the Secretary shall
establish and publish in the National Handbook of Conservation
Practices, a national conservation practice standard for algae-based
nutrient management systems.''.
SEC. 3. RURAL ELECTRIFICATION ASSISTANCE PROGRAMS.
(a) Section 2(a) of the Rural Electrification Act of 1936 (7 U.S.C.
902(a)) is amended by striking ``efficiency and conservation'' and
inserting ``efficiency, conservation, and emissions reduction
(including carbon capture and use)''.
(b) Section 4(a) of the Rural Electrification Act of 1936 (7 U.S.C.
904(a)) is amended--
(1) inserting after ``generating plants'' the following:
``and related emissions reduction facilities (including carbon
capture and use)''; and
(2) by striking ``efficiency and conservation'' and
inserting ``efficiency, conservation, and emissions reduction
(including carbon capture and use)''.
(c) Section 19(a) of the Rural Electrification Act of 1936 (7
U.S.C. 918a(a)) is amended in each of paragraphs (1) and (2) by
inserting ``(including carbon capture and use and other related
emissions reduction)'' after ``generation''.
(d) Section 609(c)(3) of the Public Utility Regulatory Policies Act
of 1978 (7 U.S.C. 918c(c)(3)) is amended--
(1) by striking the period and inserting ``--''; and
(2) by adding after and below the end the following:
``(A) renewable energy facilities; and
``(B) carbon capture and use.''.
SEC. 4. AGRICULTURE AND FOOD RESEARCH INITIATIVES PRIORITIES.
Subsection (b)(2) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 3157(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``Plant systems'' and inserting ``Plant and algae
systems (including micro- and macro-algae systems)'';
(B) in clause (iv), by striking ``plant-pest'' and
inserting ``plant- and algae-pest''; and
(C) by inserting ``and algae'' after ``plant'' each
place it appears in clauses (i), (ii), (v), (vi), and
(vii);
(2) in subparagraph (B)--
(A) in clause (ix)(II), by striking ``and'' at the
end;
(B) in clause (x), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(xi) development and testing of
alternative feeds and feed ingredients to meet
growing global demand for proteins, nutritional
oils, and other feed components; and
``(xii) with respect to animal health,
immune stimulants and other complements or
alternatives to antibiotic drugs and
biologics.'';
(3) in subparagraph (C)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) development and testing of new food
ingredients.'';
(4) in subparagraph (D)(iii), by inserting ``, restoring
soil carbon and soil health,'' after ``water losses''; and
(5) in subparagraph (F)--
(A) by redesignating clauses (v), (vi), and (vii)
as clauses (vi), (vii), and (viii); and
(B) by inserting after clause (iv) the following
new clause:
``(v) economic opportunities from new
feedstocks or food products that expand
agricultural opportunity in the United States
through production on marginal or unproductive
land, industrial systems, or coastal or open
seawater, or that significantly increase the
yield of food, feed, or other products from
existing agricultural land;''.
SEC. 5. FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH PURPOSES.
Sec. 7601(c)(A) of the Agricultural Act of 2014 (7 U.S.C.
5939(c)(A)) is amended by inserting ``and algae'' after ``plant'' each
place it appears.
SEC. 6. STUDIES.
(a) Algae Protein Study.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Agriculture shall
initiate a study of algae protein production potential. The
study shall--
(A) review and validate projected needs and supply
gaps for protein in the United States for the next 20
years (beginning with 2019), based on current
production trends, demand and technology outlook;
(B) assess the physical and economic feasibility
for the United States to grow algae (including
microalgae and macroalgae) to address such needs and
supply gaps;
(C) compare the nutritional profile and benefits of
algae with other alternative protein sources and meat
proteins;
(D) determine public and private activities and
investments required to scale up to United States algae
protein production over the short-, medium-, and long-
term;
(E) estimate the number of jobs created, per State
and per Congressional district, by fully ramping up
production of algae proteins; and
(F) estimate the potential value of algae protein
exports from the United States by 2025, 2030, and 2035.
(2) Study team members.--The team of individuals conducting
such study shall include one laboratory of the Department of
Agriculture, one laboratory of the Department of Energy,
industry associations, and academics.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Agriculture shall
submit to Congress a report that describes the results of the
study.
(4) Funding.--There are authorized to be appropriated to
carry out this subsection such sums as may be necessary, to
remain available until expended.
(b) Algae for Soil Health Study.--
(1) Study.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Agriculture shall
initiate a competitive external study to determine the benefits
to microbial diversity, the restoration of soil organic carbon
and humic substances, and other aspects of soil health of on-
field application of algae biomass (including microalgae and
macroalgae) or algae-derived components. The study shall, with
respect to the application of algae biomass--
(A) develop a research protocol for a three-year
evaluation;
(B) conduct field trials;
(C) prepare and disseminate an annual progress
report to the public on the Internet website of the
Department of Agriculture; and
(D) prepare and disseminate a final report to the
public, including an assessment of opportunities and
barriers to commercial deployment.
(2) Report.--Not later than 4 years after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report that describes the results of the study.
(3) Funding.--There are authorized to be appropriated to
carry out this subsection such sums as may be necessary, to
remain available until expended.
SEC. 7. CENTER OF EXCELLENCE.
Section 1673 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5926) is amended by adding at the end the following
new subsection:
``(d) Algae Protein Center of Excellence.--The Secretary shall
establish an Algae Protein Center of Excellence to accelerate
development of a United States-based algae (including microalgae and
macroalgae) industry that will serve as a hub for innovation and
collaboration, among leading United States algae companies,
international food corporations, and university research experts. The
Center shall be comprised of one center for each of the following major
protein markets:
``(1) Food.
``(2) Animal feed.
``(3) Aquaculture feed.''.
SEC. 8. ENERGY PROGRAMS.
(a) Amendments to Definitions.--Section 9001 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8101) is amended--
(1) in paragraph (3)(B)--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(viii) fuel derived from biological
processing of carbon captured from--
``(I) an industrial source that
would otherwise be released into the
atmosphere; or
``(II) air capture.'';
(2) in paragraph (4), by inserting ``, except food or feed
from algae or biological capture and reuse of carbon'' after
``other than food or feed'';
(3) in paragraph (12), by striking ``or forestry
materials'' and inserting ``, forestry materials, or fuel
derived from biological processing of carbon captured from an
industrial source that would otherwise be released into the
atmosphere or air capture''; and
(4) in paragraph (13)(B)(ii)--
(A) in subclause (III), by striking ``and'' at the
end;
(B) in subclause (IV), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(V) fuel derived from biological
processing of carbon captured from--
``(aa) an industrial source
that would otherwise be
released into the atmosphere;
or
``(bb) air capture.''.
(b) Biobased Markets Program.--Section 9002 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended by adding
at the end the following:
``(k) Biobased Content for Recycled Carbon.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall
establish biobased content methodology for products from biologically
recycled carbon that provides full credit for carbon content from
biological processing of carbon captured from--
``(1) an industrial source that would otherwise be released
into the atmosphere; or
``(2) air capture.''.
(c) Biorefinery, Renewable Chemical, and Biobased Product
Manufacturing Assistance.--Section 9003 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8103) is amended in subsection
(b)(3)--
(1) in subparagraph (A), by striking ``and'' at the end and
inserting ``or''; and
(2) in subparagraph (B)--
(A) by inserting ``renewable chemical or biobased
product'' before ``technology''; and
(B) by striking ``biorefinery that produces an
advanced biofuel.'' and inserting ``biorefinery.''.
(d) Biomass Crop Assistance Program.--Section 9011(a)(6)(C) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(a)(6)(C))
is amended--
(1) by striking subsection (iv); and
(2) by redesignating subsections (v) through (vii) as
subsections (iv) through (vi), respectively.
SEC. 9. ASSISTANCE FOR ALGAE PRODUCTION.
(a) Eligibility of Algae for Noninsured Crop Disaster Assistance
Program.--Section 196(a)(2)(B) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333(a)(2)(B)) is amended by inserting
``algae (including microalgae and macroalgae),'' after ``biomass
sorghum,''.
(b) Research and Development Priorities.--Section 522(c) of the
Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended--
(1) in paragraph (6), by inserting ``algae (including
microalgae and macroalgae),'' after ``including,'';
(2) by redesignating paragraph (24) as paragraph (25); and
(3) by inserting after paragraph (23) the following:
``(24) Algae insurance policies.--
``(A) In general.--The Corporation shall offer to
enter into 1 or more contracts with qualified entities
to carry out research and development regarding a
policy to insure algae (including microalgae and
macroalgae) that is grown for the production of food,
feed, renewable biofuel, biobased products, or other
purposes.
``(B) Research and development.--Research and
development with respect to the policy required under
subparagraph (A) shall evaluate the effectiveness of
risk management tools for the production of algae
(including microalgae and macroalgae), including
policies and plans of insurance that--
``(i) are based on market prices and
yields;
``(ii) to the extent that insufficient data
exist to develop a policy based on market
prices and yields, evaluate the policies and
plans of insurance based on other factors
determined by the Secretary; and
``(iii) provide protection for production
or revenue losses, or both.''. | Algae Agriculture Act of 2018 This bill modifies several Department of Agriculture research, commodity, and energy programs to authorize assistance for activities related to algae production. | {"src": "billsum_train", "title": "Algae Agriculture Act of 2018"} | 3,343 | 34 | 0.523651 | 1.174939 | 0.2647 | 2.066667 | 98.066667 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spring Mountains National Recreation
Area Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) National forest lands.--The term ``National Forest lands''
means lands included in the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))).
(2) Recreation area.--The term ``Recreation Area'' means the
Spring Mountains National Recreation Area established by this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) preserve scenic, scientific, historic, cultural, natural,
wilderness, watershed, riparian, wildlife, threatened and endangered
species, and other values contributing to public enjoyment and
biological diversity in the Spring Mountains of Nevada;
(2) ensure appropriate conservation and management of natural
and recreation resources in the Spring Mountains; and
(3) provide for the development of public recreation
opportunities in the Spring Mountains for the enjoyment of present
and future generations.
SEC. 4. ESTABLISHMENT OF RECREATION AREA.
(a) In General.--Subject to valid existing rights, there is
established the Spring Mountains National Recreation Area in Nevada.
(b) Boundaries and Map.--The Recreation Area shall consist of
approximately 316,000 acres of federally owned lands and interests
therein in the Toiyabe National Forest, as generally depicted on a map
entitled ``Spring Mountain National Recreation Area--Proposed'',
numbered NV-CH, and dated August 2, 1992.
(c) Map Filing.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map of the Recreation Area with
the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives.
(d) Public Inspection.--The map shall be on file and available for
public inspection in the offices of the Chief of the Forest Service,
Department of Agriculture.
(e) Discrepancies.--In the case of any discrepancy between or among
the acreage referred to in subsection (b) and the map described in
subsection (b), the map described in subsection (b) shall control any
question concerning the boundaries of the Recreation Area.
SEC. 5. MANAGEMENT.
(a) In General.--The Secretary, acting through the Chief of the
Forest Service, shall manage the Recreation Area in accordance with the
laws, rules, and regulations pertaining to the National Forest System
and this Act to provide for--
(1) the conservation of scenic, scientific, historic, cultural,
and other values contributing to public enjoyment;
(2) the conservation of fish and wildlife populations and
habitat, including the use of prescribed fire to improve or maintain
habitat;
(3) the protection of watersheds and the maintenance of free
flowing streams and the quality of ground and surface waters in
accordance with applicable law;
(4) public outdoor recreation benefits, including, but not
limited to, hunting, fishing, trapping, hiking, horseback riding,
backpacking, rock climbing, camping, and nature study;
(5) wilderness areas as designated by Congress; and
(6) the management and use of natural resources in a manner
compatible with the purposes for which the Recreation Area is
established.
(b) Hunting, Trapping, and Fishing.--
(1) In general.--Subject to paragraph (2), the Secretary shall
permit hunting, trapping, fishing, and habitat management within the
Recreation Area in accordance with the laws of the United States and
the State of Nevada.
(2) Exceptions.--The Secretary, in consultation with the Nevada
Department of Wildlife, may designate zones where and periods when
hunting, trapping, or fishing shall not be permitted for reasons of
public safety, administration, or public use and enjoyment.
(c) Grazing.--The grazing of livestock on Federal lands may be
permitted to continue pursuant to Federal law and subject to such
reasonable regulations, policies, and practices as the Secretary
considers necessary.
(d) Preventive Measures.--Nothing in this Act shall preclude such
reasonable measures as the Secretary considers necessary to protect the
land and resources from fire or insect or disease infestation in the
Recreation Area.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--
(1) Procedures.--Not later than 3 full fiscal years after the
date of enactment of this Act, the Secretary shall develop a general
management plan for the Recreation Area as an amendment to the
Toiyabe National Forest Land and Resource Management Plan. Such an
amendment shall reflect the establishment of the Recreation Area and
be consistent with the provisions of this Act, except that nothing
in this Act shall require the Secretary to revise the Toiyabe
National Forest Land and Resource Management Plan pursuant to
section 6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974. The provisions of the national forest land and resource
management plan relating to the recreation area shall also be
available to the public in a document separate from the rest of the
forest plan.
(2) Contents.--The management plan described in paragraph (1)
shall be developed with full public participation and shall
include--
(A) implementation plans for a continuing program of
interpretation and public education about the resources and
values of the Recreation Area;
(B) proposals for public facilities to be developed,
expanded, or improved for the Recreation Area, including one or
more visitor centers to accommodate both local and out-of-State
visitors;
(C) plans for the management of natural and cultural
resources in the Recreation Area, with emphasis on the
preservation and long-term scientific use of archaeological
resources, with priority in development given to the enforcement
of the Archaeological Resources Protection Act of 1979 (16
U.S.C. 470aa et seq.) and the National Historic Preservation Act
(16 U.S.C. 470 et seq.) within the Recreation Area;
(D) wildlife and fish resource management plans for the
Recreation Area prepared in consultation with appropriate
departments of the State of Nevada and using other available
studies of the Recreation Area;
(E) recreation management plans for the Recreation Area in
consultation with appropriate departments of the State of
Nevada;
(F) wild horse and burro herd management plans for the
Recreation Area prepared in consultation with appropriate
departments and commissions of the State of Nevada; and
(G) an inventory of all lands within the Recreation Area not
presently managed as National Forest lands that will permit the
Secretary to evaluate possible future acquisitions.
(3) Consultation.--The plans for the management of natural and
cultural resources described in paragraph (2)(C) shall be prepared
in consultation with the Advisory Council on Historic Preservation
established by title II of the National Historic Preservation Act
(16 U.S.C. 470i et seq.) and the Nevada State Department of
Conservation and Natural Resources, Division of Historic
Preservation and Archaeology.
(b) Wilderness Study Areas.--
(1) Recommendations.--The general management plan for the
Recreation Area shall include the recommendations of the Bureau of
Land Management as to the suitability or nonsuitability for
preservation as wilderness those lands within the Recreation Area
identified as the Mt. Stirling, La Madre Mountains, and Pine Creek
Wilderness Study Areas on the Bureau of Land Management Wilderness
Status Map, dated March 1990.
(2) Management.--Pending submission of a recommendation and
until otherwise directed by Act of Congress, the Secretary, acting
through the Chief of the Forest Service, shall manage the lands and
waters within the wilderness study areas referred to in paragraph
(1) so as to maintain their potential for inclusion within the
National Wilderness Preservation System.
SEC. 7. ACQUISITION OF LANDS.
(a) In General.--The Secretary is authorized to acquire lands and
interests therein within the boundaries of the Recreation Area by
donation, purchase with donated or appropriated funds, exchange, or
transfer from another Federal agency, except that such lands or
interests owned by the State of Nevada or a political subdivision
thereof may be acquired only by donation or exchange.
(b) Incorporation of Acquired Lands.--Any lands, waters, or
interests in lands or interests therein located within the Recreation
Area that are acquired by the United States or administratively
transferred to the Secretary after the date of enactment of this Act
shall be incorporated into the Recreation Area and managed in accordance
with the laws, rules, and regulations applicable to the National Forest
System and the provisions of this Act.
(c) Land and Water Conservation Fund.--For purposes of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
where such boundaries are established for units of the National Forest
System, such established boundaries shall be treated as if they were the
boundaries of the National Forests as of January 1, 1965. Money
appropriated from the Land and Water Conservation Fund shall be
available for the acquisition of lands and interests therein in
furtherance of the purposes of this Act.
SEC. 8. WITHDRAWAL.
(a) In General.--Subject to valid existing rights and except for
lands described in subsection (b), all Federal lands within the
Recreation Area are withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal leasing
laws.
(b) Exception.--The lands referred to in subsection (a) are
described as follows:
W\1/2\E\1/2\ and W\1/2\, Sec. 27, T23S, R58E, Mt. Diablo Meridian.
SEC. 9. COOPERATIVE AGREEMENTS.
In order to encourage unified and cost-effective management and
interpretation of natural and cultural resources in southern Nevada, the
Secretary may enter into cooperative agreements with other Federal,
State, and local agencies, and with nonprofit entities, that provide for
the management and interpretation of natural and cultural resources.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Spring Mountains National Recreation Area Act - Establishes the Spring Mountains National Recreation Area in Nevada.
Requires the Secretary of Agriculture to develop a general management plan for the Area as an amendment to the Toiyabe National Forest Land and Resource Management Plan. Requires inclusion in the plan of any Bureau of Land Management recommendations as to the suitability or nonsuitability of specified lands within the Areas for preservation as wilderness.
Directs the Secretary, acting through the Chief of the Forest Service, to manage the lands and waters within the wilderness study areas to maintain their potential for inclusion within the National Wilderness Preservation System, pending submission of such recommendation and until otherwise directed by an Act of the Congress.
Authorizes the Secretary to acquire lands and interests within the boundaries of the Area by donation, purchase with donated or appropriated funds, exchange, or transfer from another Federal agency, except that such lands or interests owned by the State of Nevada or a political subdivision may be acquired only by donation or exchange.
Withdraws all Federal lands within the Area from public land and mining laws (including mineral and geothermal leasing).
Authorizes appropriations. | {"src": "billsum_train", "title": "Spring Mountains National Recreation Area Act"} | 2,265 | 248 | 0.585035 | 1.627382 | 0.808728 | 5.437209 | 9.711628 | 0.953488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Crime Avoidance and
Prevention Act of 1996''.
TITLE I--FEDERAL JUVENILE PROCEEDINGS
SEC. 101. FEDERAL JUVENILE PROCEEDINGS.
(a) In General.--Chapter 403 of title 18, United States Code, is
amended by inserting after section 5032 the following:
``Sec. 1A5032A. Initial intake screening and referrals to youth
development specialists
``(a) Intake Screening.--Before any decision is made to proceed
against a juvenile as a juvenile, to prosecute that juvenile as an
adult, or to refer the juvenile to State authorities, an appropriate
Federal authority, designated by the Attorney General, shall perform an
initial intake screening of each juvenile taken into custody who is
alleged to have committed an offense against the United States or an
act of juvenile delinquency, to determine whether that juvenile is an
at risk juvenile, as described in subsection (b). If the juvenile is
determined to be an at risk juvenile at the initial intake screening
and the juvenile is proceeded against under this chapter as a juvenile,
that juvenile shall promptly be referred to a youth development
specialist under subsection (c). If the juvenile is referred to State
authorities for further proceedings or transferred for prosecution as
an adult, the results of the intake screening shall promptly be made
available to those authorities or the entity to which the juvenile is
so transferred.
``(b) At Risk Determination.--
``(1) Generally.--The screening body shall determine that a
juvenile is at risk if it determines that the juvenile is
likely to exhibit recidivist or increasingly violent crimes,
based on the following factors in the juvenile's development:
``(A) School behavior or performance, including
truancy, recent suspensions or expulsion, functioning
significantly below grade level, and failing to achieve
passing grades.
``(B) Family problems, including traumatic family
situations such as death or incarceration of one or
both parents, financial difficulties, family divorce or
ongoing conflicts, child abuse or neglect, and abuse of
controlled substances or other criminal activities in
the home.
``(C) Substance abuse problems, including a pattern
of alcohol or controlled substance abuse.
``(D) Runaway tendencies, previous delinquent
activities, participation in a gang, or other similar
activities.
``(E) Such other factors as the National Institute
of Justice approves, based on an on-going evaluation
aimed at isolating those factors that can predict
patterns of juvenile recidivism in 90 percent of cases.
``(2) Limitation on use.--The at risk determination shall
only be used in the administration of this section or a similar
State operation, and shall not be made part of a juvenile's
school, medical, or other official record.
``(c) Youth Development Specialist.--
``(1) A youth development specialist (hereinafter in this
subsection referred to as a `specialist') is a person
designated by a court to carry out the duties described in
paragraph (2). The specialist shall--
``(A) be the employee or contractee of the court or
of the Government agency responsible for the referral;
and
``(B) have appropriate experience in the assessment
and counseling of juveniles and an understanding of the
juvenile criminal system.
``(2) A specialist to whom a juvenile is referred shall--
``(A) determine a course of action for the juvenile
that will avoid continued criminal activity and help
the juvenile successfully reintegrate into his
community and school;
``(B) promptly convene a group meeting of any or
all of the juvenile's community group, to determine an
appropriate course of action for the juvenile pending
and after completion of any court action;
``(C) after completing the meeting of the
juvenile's community group--
``(i) present a written report to be
included in any court proceedings against the
juvenile, which shall include recommendations
for community actions that would help prevent
instances of recidivism by the juvenile;
``(ii) meet with the juvenile's parents or
guardian, and, at the specialist's discretion,
any other interested parties from the
juvenile's community group to discuss the
findings of the report; and
``(iii) provide assistance and guidance to
the juvenile's parents and community group to
implement the recommendations outlined in the
report.
``(iv) work with the juvenile, in
conjunction with the juvenile's parents or
guardians and community group, to implement the
actions recommended in the report.
``(D) monitor the juvenile's progress through the
court system;
``(E) act as a liaison to the juvenile's family and
community group and work with the juvenile's attorney;
``(F) maintain contact with the juvenile during
custody, any court proceedings, any incarceration, and
after release until--
``(i) the juvenile is no longer subject to
juvenile jurisdiction; or
``(ii) such time as the court, in
consultation with the juvenile, the specialist,
and the juvenile's parents or guardian,
determines that further contact is no longer
necessary with the juvenile to prevent future
delinquency.
``(3) As part of the specialist's duties under subsection
(a), the specialist, in consultation with the juvenile and the
juvenile's community, may pay for any expenses, of which the
portion paid from appropriated funds shall not to exceed
$10,000 annually, of implementing the recommendations of the
specialist, including--
(A) tutors, counselors, test preparation,
additional education, and mentoring programs;
(B) nutrition, or alcohol or controlled substance
abuse treatment programs;
(C) incentive programs for academic achievement,
including but not limited to books and other
educational material;
(D) arrangements for community based activities to
occupy the juvenile in wholesome uses of his time;
(E) parenting instruction for the juvenile's
parents or guardians; and
(F) such other expenditures designed to stabilize
the juvenile's life and direct the juvenile toward a
peaceful and productive future instead of crime, as are
approved by the juvenile court.
``(4) Of the amount paid under paragraph (3), not more than
20 percent may be used for the salaries and administration of
the youth development specialist operation.
``(5) For the purposes of this subsection a juvenile's
community group includes the juvenile's parents or guardians,
extended family, teachers, clergy, athletic and other coaches,
family friends, personal friends, and other interested parties.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 403 of title 18, United States Code, is amended by adding at
the end the following new item:
``5032A. Initial intake screening and referrals to youth development
specialists.''.
(c) Collection of Data.--The Attorney General shall collect data on
the effects of screening and youth specialist activities under the
amendments made by this section and similar State and local activities,
including their costs compared to incarceration, and their effects on
recidivism rates and rehabilitation of at risk juveniles and make that
data available to the States, localities, and the public.
TITLE II--GRANT PROGRAM FOR AT RISK JUVENILES
SEC. 201. GRANT AUTHORIZATION.
(a) In General.--The Attorney General shall award grants to an
entity that has implemented at risk juvenile screening programs and
youth development specialist referral services modeled after the
program and services described in subsections (b) and (c) of section
5032 of title 18, United States Code.
(b) Grants.--The Attorney General shall award an entity that meets
the requirements of this title not more than $10,000 each year for each
juvenile that receives services pursuant to this title.
SEC. 202. ELIGIBILITY.
To be eligible to receive funds under this title, an entity shall
submit an application to the Attorney General that includes an
assurance that such entity will use funds received under this title in
accordance with section 203.
SEC. 203. USES OF FUNDS.
An entity may use funds received under this title--
(1) to pay not more than 20 percent of the total amount
received to pay for salaries and administration of youth
development specialist operations; and
(2) upon the recommendation of the youth development
specialist, in consultation with the juvenile and a
representative of the juvenile justice system, to pay for
programs recommended by the specialist, including--
(A) tutors, counselors, test preparation and other
educational and mentoring programs;
(B) nutrition, alcohol, or controlled substance
abuse programs;
(C) incentive programs for academic achievement,
including books and other educational material;
(D) arrangements for community-based activities to
occupy the juvenile in constructive uses of time;
(E) parenting instruction for the juvenile's
parents or guardians; and
(F) such other expenditures, if approved by the
court, that are designed to stabilize the juvenile's
life and direct the juvenile towards a peaceful and
productive future.
SEC. 204. DEFINITION.
For purposes of this title, the term ``entity'' means one of the 50
States or a unit of local government that has jurisdiction over the
juvenile justice system for the county or city of such unit, as the
case may be.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
(a) Grant Program.--There are authorized to be appropriated
beginning in 1997, such sums as may be necessary to carry out this
title.
(b) Source of Appropriations.--Funds authorized by this section to
be appropriated may be appropriated from the Violent Crime Reduction
Trust Fund. | TABLE OF CONTENTS:
Title I: Federal Juvenile Proceedings
Title II: Grant Program for at Risk Juveniles
Juvenile Crime Avoidance and Prevention Act of 1996 -
Title I: Federal Juvenile Proceedings
- Amends the Federal criminal code to require an appropriate Federal authority (designated by the Attorney General), before any decision is made to proceed against a juvenile as a juvenile or as an adult, or to refer the juvenile to State authorities, to perform an initial intake screening to determine whether that juvenile is an at risk juvenile.
Requires a juvenile who is determined to be at risk and who is proceeded against as a juvenile to be referred to a youth development specialist. Provides that if a juvenile is referred to State authorities for further proceedings or transferred for prosecution as an adult, the results of the screening shall be made available to those authorities or to the entity to which the juvenile is so transferred.
Requires the screening body to determine that a juvenile is at risk if it determines that the juvenile is likely to exhibit recidivist or increasingly violent crimes, based on specified factors. Limits the use of such determination.
Sets forth provisions regarding: (1) the qualifications and duties of the youth development specialist, including determining a course of action for the juvenile that will avoid continued criminal activity and monitoring the juvenile's progress through the court system; and (2) data collection and dissemination by the Attorney General.
Title II: Grant Program for At Risk Juveniles
- Directs the Attorney General to award: (1) grants to an entity that has implemented specified at risk juvenile screening programs and youth development specialist referral services; and (2) not more than $10,000 each year for each juvenile that receives services to an entity that meets the requirements of this title.
Sets forth provisions regarding: (1) eligibility; and (2) permissible uses of grant funds.
Authorizes appropriations. Specifies that funds authorized may be appropriated from the Violent Crime Reduction Trust Fund. | {"src": "billsum_train", "title": "Juvenile Crime Avoidance and Prevention Act of 1996"} | 2,131 | 425 | 0.657984 | 2.067277 | 0.868502 | 3.967005 | 5.119289 | 0.901015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Relief Act of 2004''.
SEC. 2. FIRST $2,000 OF HEALTH INSURANCE PREMIUMS FULLY DEDUCTIBLE.
(a) In General.--Subsection (a) of section 213 of the Internal
Revenue Code of 1986 (relating to medical, dental, etc., expenses) is
amended to read as follows:
``(a) Allowance of Deduction.--There shall be allowed as a
deduction the following amounts not compensated for by insurance or
otherwise--
``(1) the amount by which the amount of expenses paid
during the taxable year (reduced by the amount deductible under
paragraph (2)) for medical care of the taxpayer, the taxpayer's
spouse, and the taxpayer's dependents (as defined in section
152) exceeds 7.5 percent of adjusted gross income, plus
``(2) so much of the expenses paid during the taxable year
for insurance which constitutes medical care under subsection
(d)(1)(D) (other than for a qualified long-term care insurance
contract) for such taxpayer, spouse, and dependents as does not
exceed $2,000.''.
(b) Deduction Allowed Whether or not Taxpayer Itemizes Deduction.--
Section 62(a) of the Internal Revenue Code of 1986 (defining adjusted
gross income) is amended by inserting after paragraph (18) the
following new paragraph:
``(19) Health insurance premiums.--The deduction allowed by
section 213(a)(2).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 3. CREDIT FOR HEALTH INSURANCE EXPENSES OF SMALL BUSINESSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:
``SEC. 45G. SMALL BUSINESS HEALTH INSURANCE EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of a
small employer, the health insurance credit determined under this
section for the taxable year is an amount equal to the applicable
percentage of the expenses paid by the taxpayer during the taxable year
for health insurance coverage for such year provided under a new health
plan for employees of such employer.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is--
``(1) in the case of insurance purchased as a member of a
health benefit purchasing coalition (as defined in regulations
prescribed by the Secretary), 40 percent, and
``(2) in the case of insurance not described in paragraph
(1), 30 percent.
``(c) Limitations.--
``(1) Per employee dollar limitation.--The amount of
expenses taken into account under subsection (a) with respect
to any employee for any taxable year shall not exceed--
``(A) in the case of insurance purchased as a
member of a coalition referred to in subsection
(b)(1)--
``(i) $800 in the case of self-only
coverage, and
``(ii) $2,000 in the case of family
coverage, and
``(B) in any other case--
``(i) $600 in the case of self-only
coverage, and
``(ii) $1,500 in the case of family
coverage.
In the case of an employee who is covered by a new health plan
of the employer for only a portion of such taxable year, the
limitation under the preceding sentence shall be an amount
which bears the same ratio to such limitation (determined
without regard to this sentence) as such portion bears to the
entire taxable year.
``(2) Period of coverage.--Expenses may be taken into
account under subsection (a) only with respect to coverage for
the 4-year period beginning on the date the employer
establishes a new health plan.
``(3) Employer must bear 65 percent of cost.--Expenses may
be taken into account under subsection (a) only if at least 65
percent of the cost of the coverage (without regard to this
section) is borne by the employer.
``(d) Definitions.--For purposes of this section--
``(1) Health insurance coverage.--The term `health
insurance coverage' has the meaning given such term by section
9832(b)(1).
``(2) New health plan.--
``(A) In general.--The term `new health plan' means
any arrangement of the employer which provides health
insurance coverage to employees if--
``(i) such employer (and any predecessor
employer) did not establish or maintain such
arrangement (or any similar arrangement) at any
time during the 2 taxable years ending prior to
the taxable year in which the credit under this
section is first allowed, and
``(ii) such arrangement provides health
insurance coverage to at least 70 percent of
the qualified employees of such employer.
``(B) Qualified employee.--
``(i) In general.--The term `qualified
employee' means any employee of an employer and
shall include a leased employee within the
meaning of section 414(n).
``(3) Small employer.--The term `small employer' has the
meaning given to such term by section 4980D(d)(2); except
that--
``(A) only qualified employees shall be taken into
account, and
``(B) such section shall be applied by substituting
`100 employees' for `50 employees'.
``(e) Special Rules.--
``(1) Certain rules made applicable.--For purposes of this
section, rules similar to the rules of section 52 shall apply.
``(2) Amounts paid under salary reduction arrangements.--No
amount paid or incurred pursuant to a salary reduction
arrangement shall be taken into account under subsection (a).
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2004, each dollar
amount contained in subsections (c)(1) and (d)(2)(B) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2003' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $50.
``(f) Termination.--This section shall not apply to expenses paid
or incurred by an employer with respect to any arrangement established
on or after January 1, 2010.''.
(b) Credit to Be Part of General Business Credit.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (13), by striking the period
at the end of paragraph (14) and inserting ``, plus'', and by adding at
the end the following:
``(15) in the case of a small employer (as defined in
section 45G(d)(3)), the health insurance credit determined
under section 45G(a).''.
(c) No Carrybacks.--Subsection (d) of section 39 of such Code
(relating to carryback and carryforward of unused credits) is amended
by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the employee health insurance
expenses credit determined under section 45G may be carried
back to a taxable year beginning before January 1, 2004.''.
(d) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(d) Credit for Small Business Health Insurance Expenses.--
``(1) In general.--No deduction shall be allowed for that
portion of the expenses (otherwise allowable as a deduction)
taken into account in determining the credit under section 45G
for the taxable year which is equal to the amount of the credit
determined for such taxable year under section 45G(a).
``(2) Controlled groups.--Persons treated as a single
employer under subsection (a) or (b) of section 52 shall be
treated as 1 person for purposes of this section.''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following:
``Sec. 45G. Small business health insurance expenses.''.
(f) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2003, for arrangements established after the date of the
enactment of this Act.
SEC. 4. REFUNDABLE HEALTH INSURANCE COSTS CREDIT.
(a) Allowance of Credit.--
(1) In general.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
refundable personal credits) is amended by redesignating
section 36 as section 37 and by inserting after section 35 the
following new section:
``SEC. 36. HEALTH INSURANCE COSTS FOR UNINSURED INDIVIDUALS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the amount paid by the taxpayer
during such taxable year for qualified health insurance for the
taxpayer and the taxpayer's spouse and dependents.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for a taxable year shall not exceed $500.
``(c) Qualified Health Insurance.--For purposes of this section,
the term `qualified health insurance' means health insurance coverage
(as defined in section 9832(b)(1)).
``(d) Special Rules.--
``(1) Coordination with medical expense deduction.--The
amount which would (but for this paragraph) be taken into
account by the taxpayer under section 213 for the taxable year
shall be reduced by the credit (if any) allowed by this section
to the taxpayer for such year.
``(2) Coordination with deduction for health insurance
costs of self-employed individuals.--In the case of a taxpayer
who is eligible to deduct any amount under section 162(l) for
the taxable year, this section shall apply only if the taxpayer
elects not to claim any amount as a deduction under such
section for such year.
``(3) Coordination with deduction for archer msas and
hsas.--In the case of a taxpayer who is eligible to deduct any
amount under section 220 or 223 for the taxable year, this
section shall apply only if the taxpayer elects not to claim
any amount as a deduction under such section for such year.
``(4) Denial of credit to dependents.--No credit shall be
allowed under this section to any 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.
``(5) Coordination with section 35.--If a taxpayer is
eligible for the credit allowed under this section and section
35 for any taxable year, the taxpayer shall elect which credit
is to be allowed.
``(e) Expenses Must Be Substantiated.--A payment for insurance to
which subsection (a) applies may be taken into account under this
section only if the taxpayer substantiates such payment in such form as
the Secretary may prescribe.
``(f) Regulations.--The Secretary may prescribe such regulations as
may be necessary to carry out the purposes of this section.''.
(b) Conforming Amendments.--
(1) Section 162(l) of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
``(6) Election to have subsection apply.--No deduction
shall be allowed under paragraph (1) for a taxable year unless
the taxpayer elects to have this subsection apply for such
year.''.
(2) Section 220(b) of such Code is amended by adding at the
end the following:
``(8) Election to have subsection apply.--No deduction
shall be allowed under subsection (a) for a taxable year unless
the taxpayer elects to have this section apply for such
year.''.
(3) Section 223(b) of such Code is amended by adding at the
end the following:
``(8) Election to have subsection apply.--No deduction
shall be allowed under subsection (a) for a taxable year unless
the taxpayer elects to have this section apply for such
year.''.
(4) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 36 of such Code''.
(5) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following:
``Sec. 36. Health insurance costs for uninsured individuals.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Health Care Relief Act of 2004 - Amends the Internal Revenue Code to allow: (1) taxpayers, including non-itemizing taxpayers, a tax deduction from gross income for the first $2,000 of their out-of-pocket medical expenses; (2) certain small business employers a business tax credit for amounts paid for employee health insurance coverage; and (3) a refundable tax credit up to $500 for the health insurance costs of a taxpayer and the taxpayer's spouse and dependents. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives to encourage small business health plans."} | 3,072 | 104 | 0.57891 | 1.314237 | 0.395331 | 2.610526 | 28.894737 | 0.884211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildlife Disease Emergency Act of
2014''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) authorize the Secretary of the Interior to identify and
declare wildlife disease emergencies;
(2) establish a fund through which the Secretary may
coordinate rapid response to these emergencies; and
(3) prepare for, identify, and address wildlife diseases
adversely affecting wildlife populations and biodiversity
through strategic and coordinated actions between the Federal
agencies and State and local agencies, Indian tribes, and
nongovernmental organizations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Committee.--The term ``Committee'' means the Wildlife
Disease Committee established under section 6.
(2) Fund.--The term ``Fund'' means the Wildlife Disease
Emergency Fund established by section 5.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means any State, the
District of Columbia, and any other possession of the United
States.
(6) Wildlife.--The term ``wildlife'' means any species
native to the United States including nondomesticated mammals,
fish, birds, amphibians, reptiles, mollusks, and arthropods.
(7) Wildlife disease.--The term ``wildlife disease'' means
an infectious or noninfectious, pathological condition
occurring in a susceptible population of wildlife, that is not
zoonotic.
(8) Wildlife disease emergency.--The term ``wildlife
disease emergency'' means the occurrence of a wildlife disease
that--
(A) is infectious and caused by a newly discovered
pathogen or a known infectious wildlife disease that is
expanding its geographic range, the species impacted by
the disease, or other recognized impacts of the
disease;
(B) poses significant threats to the sustainability
of wildlife; or
(C) poses a significant threat to the overall
health of a functioning ecosystem.
SEC. 4. DECLARATION OF WILDLIFE DISEASE EMERGENCY.
(a) In General.--The Secretary of the Interior, in consultation
with the Governor of a potentially affected State or States, may
declare within such State or States a wildlife disease emergency for
any wildlife disease that is--
(1) occurring in the United States; or
(2) occurring outside the United States with the potential
to enter the United States.
(b) Considerations.--In making a declaration under subsection (a),
the Secretary shall consider--
(1) the level of threat the wildlife disease poses to
affected wildlife populations, based on the--
(A) relative threat to population levels;
(B) relative strength of the contagion and spread
of the disease;
(C) observed rate of morbidity or mortality of the
disease; and
(D) importance of affected species or ecosystems,
including--
(i) species and habitats identified as
priorities by the Federal Government, a State,
or local government, or a Federal, State, or
local conservation plan; and
(ii) wildlife located on Federal lands;
(2) the sufficiency of resources available in the Fund;
(3) the ability of the Department of the Interior and other
Federal, State, and local agencies, tribal governments, and
other stakeholders to address and coordinate response to the
disease through other authorities;
(4) the request of any State Governor to make such a
declaration; and
(5) the economic consequences of a significant population
decline in the impacted species due to the disease.
(c) Response Coordination.--Upon a declaration of a wildlife
disease emergency by the Secretary, the Secretary shall lead a
coordinated response to the emergency that shall include appropriate
Federal agencies, State and local governments, Indian tribes,
nongovernmental organizations, or other stakeholders.
(d) Grant Program.--The Secretary shall develop and implement a
grant program to provide funding to State wildlife agencies and Indian
tribes to address wildlife disease emergencies.
SEC. 5. WILDLIFE DISEASE EMERGENCY FUND.
(a) Establishment.--There is established in the Treasury of the
United States a separate account, which shall be known as the
``Wildlife Disease Emergency Fund'' and shall consist of--
(1) such funds as are appropriated to the Secretary for
activities authorized by this Act to address a wildlife disease
emergency; and
(2) any funds received by the Secretary as a donation,
gift, or contribution identified by the person providing the
funds for use to address wildlife disease emergencies.
(b) Prohibition.--Amounts in the Fund may not be made available for
any purpose other than to respond to a wildlife disease emergency
declared under section 4.
(c) Annual Reports.--
(1) In general.--Not later than 60 days after the end of
each fiscal year beginning with fiscal year 2013, the Secretary
shall submit to the Committee on Appropriations of the House of
Representatives, the Committee on Appropriations of the Senate,
the Committee on Environment and Public Works of the Senate,
and the Committee on Natural Resources of the House of
Representatives a report on the operation of the Fund during
the fiscal year.
(2) Contents.--Each report shall include, for the fiscal
year covered by the report, the following:
(A) A statement of the amounts deposited into the
Fund.
(B) A description of the expenditures made from the
Fund, including the purpose of the expenditures.
(C) Recommendations of additional authorities to
fulfill the purpose of the Fund.
(D) A statement of the balance remaining in the
Fund at the end of the fiscal year.
(d) Separate Appropriations Account.--Section 1105(a) of title 31,
United States Code, is amended by adding at the end the following:
``(39) a separate appropriations account for the Wildlife
Disease Emergency Fund established under section 5 of the
Wildlife Disease Emergency Act of 2013, which shall include the
estimated amount of deposits into the Fund, and obligations and
outlays from the Fund.''.
SEC. 6. WILDLIFE DISEASE COMMITTEE.
(a) Establishment.--The Secretary may establish a Wildlife Disease
Committee. The purpose of the Committee shall be to assist the
Secretary in increasing the level of preparedness of the United States
to address emerging wildlife diseases.
(b) Duties.--The Committee shall--
(1) advise the Secretary on risk assessment, preparation,
monitoring, research, and response to wildlife diseases that
may significantly impact the health and sustainability of
wildlife populations; and
(2) draft reports, recommendations, plans, or other
documents to assist the Secretary in carrying out this Act.
(c) Membership.--
(1) In general.--Subject to paragraph (2), members of the
Committee shall be appointed by the Secretary from among
individuals who are qualified by education, training, or
experience in topics such as wildlife health, biology, ecology,
wildlife conservation, and natural resource management.
(2) Inclusions.--The Committee shall include--
(A) qualified individuals who are employed by
Federal agencies;
(B) at least 8 qualified individuals who are
employed by a State fish and wildlife agency, each of
whom shall be employed in a different region of the 8
regions of the United States Fish and Wildlife Service;
(C) qualified individuals employed by other State
agencies and tribal entities; and
(D) qualified individuals who represent public and
private organizations.
(d) Committee Chair.--The Committee shall be chaired by the
Secretary or a designee of the Secretary.
(e) Staffing and Assistance.--The Secretary shall make available to
the Committee any staff, information, administrative services, or
assistance the Secretary determines is reasonably required to enable
the Committee to carry out its functions.
(f) Renewal.--Notwithstanding the Federal Advisory Committee Act (5
U.S.C. App.), the Secretary may renew the Committee beyond the date it
would otherwise terminate under that Act.
SEC. 7. RAPID RESPONSE TEAMS.
The Secretary, in consultation with the Committee as appropriate,
may convene rapid response teams to address any particular wildlife
disease emergency.
SEC. 8. ADMINISTRATION.
Nothing in this Act shall be construed to--
(1) limit the Secretary's authority to respond to wildlife
disease events that are not declared wildlife disease
emergencies under this Act;
(2) affect the authority, jurisdiction, or responsibility
of the States to manage, control, or regulate fish and resident
wildlife under any State laws and regulations;
(3) grant authority to any public agency to acquire private
property or conservation easements or otherwise infringe any
use of private property; or
(4) limit, repeal, supersede, or modify any provision of
Federal, State, local, or tribal laws and regulations. | Wildlife Disease Emergency Act of 2014 - Authorizes the Secretary of the Interior, in consultation with governors of potentially affected states, to declare a wildlife disease emergency for any wildlife disease occurring within the United States or, if outside the United States, with the potential to enter the United States. Defines "wildlife disease emergency" as the occurrence of a non-zoonotic pathological condition in a wildlife population that: is infectious and caused by a newly discovered pathogen or is a known infectious wildlife disease that is expanding in range or other impacts, or poses significant threats to the sustainability of wildlife or to the overall health of a functioning ecosystem. Directs the Secretary, upon making such a declaration, to lead a coordinated response to the emergency. Directs the Secretary to implement a grant program to provide funding to state wildlife agencies and Indian tribes to address wildlife disease emergencies. Establishes in the Treasury a Wildlife Disease Emergency Fund. Allows the Secretary to establish a Wildlife Disease Committee to assist the Secretary in increasing the level of preparedness needed to address emerging wildlife diseases. Authorizes the Secretary to convene rapid response teams to address any particular wildlife disease emergency. | {"src": "billsum_train", "title": "Wildlife Disease Emergency Act of 2014"} | 1,935 | 257 | 0.671298 | 1.822143 | 1.041897 | 3.959641 | 8.165919 | 0.892377 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dependent Care Savings Account Act
of 2014''.
SEC. 2. DEPENDENT CARE SAVINGS ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 224
as section 225 and inserting after section 223 the following new
section:
``SEC. 224. DEPENDENT CARE SAVINGS ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction for the taxable year an amount equal to the
aggregate amount paid in cash during such taxable year by or on behalf
of the individual to a dependent care savings account of such
individual.
``(b) Limitation.--
``(1) In general.--The amount allowable as a deduction
under subsection (a) to an individual for the taxable year
shall not exceed the lesser of--
``(A) $5,000, or
``(B) the individual's earned income (within the
meaning of section 21) for such taxable year.
``(2) Coordination with dependent care assistance
benefits.--The limitation which would (but for this paragraph)
apply under paragraph (1) to an individual for any taxable year
shall be reduced (but not below zero) by the aggregate amount
excludable from the individual's gross income for such taxable
year under section 129.
``(c) Dependent Care Savings Account.--For purposes of this
section--
``(1) In general.--The term `dependent care savings
account' means a trust created or organized in the United
States as a dependent care savings account exclusively for the
purpose of paying the qualified dependent care expenses of the
account beneficiary, but only if the written governing
instrument creating the trust meets the following requirements:
``(A) Except in the case of a rollover contribution
described in subsection (e)(5), no contribution will be
accepted unless it is in cash, and contributions will
not be accepted for the taxable year on behalf of any
account beneficiary in excess of $10,000.
``(B) The trustee is a bank (as defined in section
408(n)) or such other person who demonstrates to the
satisfaction of the Secretary that the manner in which
such other person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts.
``(D) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(E) The interest of an individual in the balance
in his account is nonforfeitable.
``(2) Qualified dependent care expenses.--The term
`qualified dependent care expenses' means the employment-
related expenses (as defined in section 21(b)(2)) of the
account beneficiary with respect to any qualifying individual
(as defined in section 21(b)(1)) of the account beneficiary.
Such term includes qualified long-term care services (as
defined in section 7702B(c)), and amounts paid for qualified
long-term care insurance contracts (as defined in section
7702B(b)), with respect to such qualifying individuals of the
account beneficiary.
``(3) Account beneficiary.--The term `account beneficiary'
means the individual on whose behalf the dependent care savings
account was established.
``(4) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 219(d)(2) (relating to no deduction
for rollovers).
``(B) Except as provided in section 129, section
219(f)(3) (relating to time when contributions deemed
made).
``(C) Section 219(f)(5) (relating to employer
payments).
``(D) Section 223(b)(6) (relating to denial of
deduction to dependents).
``(E) Section 408(g) (relating to community
property laws).
``(F) Section 408(h) (relating to custodial
accounts).
``(d) Tax Treatment of Accounts.--
``(1) In general.--A dependent care savings account is
exempt from taxation under this subtitle unless such account
has ceased to be a dependent care savings account.
Notwithstanding the preceding sentence, any such account is
subject to the taxes imposed by section 511.
``(2) Account terminations.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to
dependent care savings accounts, and any amount treated as
distributed under such rules shall be treated as not used to
pay qualified dependent care expenses.
``(e) Tax Treatment of Distributions.--
``(1) Amounts used for qualified dependent care expenses.--
Any amount paid or distributed out of a dependent care savings
account which is used exclusively to pay qualified dependent
care expenses of any account beneficiary shall not be
includible in gross income.
``(2) Inclusion of amounts not used for qualified dependent
care expenses.--Any amount paid or distributed out of a
dependent care savings account which is not used exclusively to
pay the qualified dependent care expenses of the account
beneficiary shall be included in the gross income of such
beneficiary.
``(3) Excess contributions returned before due date of
return.--
``(A) In general.--If any excess contribution is
contributed for a taxable year to any dependent care
savings account of an individual, paragraph (2) shall
not apply to distributions from the dependent care
savings accounts of such individual (to the extent such
distributions do not exceed the aggregate excess
contributions to all such accounts of such individual
for such year) if--
``(i) such distribution is received by the
individual on or before the last day prescribed
by law (including extensions of time) for
filing such individual's return for such
taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
Any net income described in clause (ii) shall be
included in the gross income of the individual for the
taxable year in which it is received.
``(B) Excess contribution.--For purposes of
subparagraph (A), the term `excess contribution' means
any contribution (other than a rollover contribution
described in paragraph (5)) which is neither excludable
from gross income under section 129 nor deductible
under this section.
``(4) Additional tax on distributions not used for
qualified dependent care expenses.--
``(A) In general.--The tax imposed by this chapter
on the account beneficiary for any taxable year in
which there is a payment or distribution from a
dependent care savings account of such beneficiary
which is includible in gross income under paragraph (2)
shall be increased by 20 percent of the amount which is
so includible.
``(B) Exception for disability or death.--
Subparagraph (A) shall not apply if the payment or
distribution is made after the account beneficiary
becomes disabled within the meaning of section 72(m)(7)
or dies.
``(5) Rollover contribution.--An amount is described in
this paragraph as a rollover contribution if it meets the
requirements of subparagraphs (A) and (B).
``(A) In general.--Paragraph (2) shall not apply to
any amount paid or distributed from a dependent care
savings account to the account beneficiary to the
extent the amount received is paid into a dependent
care savings account for the benefit of such
beneficiary not later than the 60th day after the day
on which the beneficiary receives the payment or
distribution.
``(B) Limitation.--This paragraph shall not apply
to any amount described in subparagraph (A) received by
an individual from a dependent care savings account if,
at any time during the 1-year period ending on the day
of such receipt, such individual received any other
amount described in subparagraph (A) from a dependent
care savings account which was not includible in the
individual's gross income because of the application of
this paragraph.
``(6) Coordination with dependent care credit.--For
purposes of determining the amount of the credit under section
21, any payment or distribution out of a dependent care savings
account for qualified dependent care expenses shall not be
treated as employment-related expenses.
``(7) Transfer of account incident to divorce; treatment
after death.--Rules similar to the rules of paragraphs (7) and
(8) of section 223 shall apply with respect to dependent care
savings accounts.
``(f) Reports.--The Secretary may require the trustee of a
dependent care savings account to make such reports regarding such
account to the Secretary and to the account beneficiary with respect to
contributions, distributions, the return of excess contributions, and
such other matters as the Secretary determines appropriate. The reports
required by this subsection shall be filed at such time and in such
manner and furnished to such individuals at such time and in such
manner as may be required by the Secretary.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of the Internal Revenue Code of 1986 is
amended by inserting before the last sentence the following new
paragraph:
``(22) Dependent care savings accounts.--The deduction
allowed by section 224(a).''.
(c) Exclusion of Employer Contributions.--Section 129 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(f) Contributions to Dependent Care Savings Accounts.--
``(1) In general.--Gross income of an employee does not
include amounts contributed by an employee's employer to any
dependent care savings account (as defined in section 224) of
such employee to the extent such amounts do not exceed the
limitation under section 224(b)(1) which is applicable to such
employee for such taxable year.
``(2) Cross reference.--For penalty on failure by employer
to make comparable contributions to the dependent care savings
accounts of comparable employees, see section 4980H.''.
(d) Tax on Excess Contributions.--Section 4973 of the Internal
Revenue Code of 1986 is amended--
(1) in subsection (a), by striking ``or'' at the end of
paragraph (4), by adding ``or'' at the end of paragraph (5),
and by inserting after paragraph (5) the following new
paragraph:
``(6) a dependent care savings account (as defined in
section 224),'', and
(2) by adding at the end the following new subsection:
``(h) Excess Contributions to Dependent Care Savings Accounts.--For
purposes of this section, in the case of a dependent care savings
account (as defined in section 224), the term `excess contributions'
means the sum of--
``(1) the aggregate amount contributed for the taxable year
to the account (other than a rollover contribution described in
section 224(e)(5)) which is neither excludable from gross
income under section 129 nor allowable as a deduction under
section 224 for such year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the account which
were included in gross income under section 224(e)(2),
and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
deduction under section 224(b)(1) for the
taxable year, over
``(ii) the amount contributed to the
account for the taxable year.''.
(e) Failure of Employer To Make Comparable Dependent Care Savings
Account Contributions.--Chapter 43 of the Internal Revenue Code of
1986, as amended by the Patient Protection and Affordable Care Act, is
amended by adding at the end the following new section:
``SEC. 4980J. FAILURE OF EMPLOYER TO MAKE COMPARABLE DEPENDENT CARE
SAVINGS ACCOUNT CONTRIBUTIONS.
``(a) General Rule.--In the case of an employer who makes a
contribution to the dependent care savings account of any employee
during a calendar year, there is hereby imposed a tax on the failure of
such employer to meet the requirements of subsection (b) for such
calendar year.
``(b) Rules and Requirements.--Rules and requirements similar to
the rules and requirements of section 4980E shall apply for purposes of
this section.
``(c) Regulations.--The Secretary shall issue regulations to carry
out the purposes of this section.
``(d) Exception.--For purposes of applying section 4980E to a
contribution to a dependent care savings account of an employee who is
not a highly compensated employee (as defined in section 414(q)),
highly compensated employees shall not be treated as comparable
participating employees.''.
(f) Clerical Amendments.--
(1) The table of sections for part VII of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 is amended by
redesignating the item relating to section 224 as an item
relating to section 225, and by inserting before such item the
following new item:
``Sec. 224. Dependent care savings accounts.''.
(2) The table of sections for chapter 43 of such Code, as
amended by the Patient Protection and Affordable Care Act, is
amended by adding at the end the following new item:
``Sec. 4980J. Failure of employer to make comparable dependent care
savings account contributions.''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Dependent Care Savings Account Act of 2014 - Amends the Internal Revenue Code to: (1) establish tax-exempt dependent care savings accounts to pay the employment-related expenses of caring for a dependent of the taxpayer, (2) allow a deduction from gross income (above-the-line deduction) of up to $5,000 in a taxable year for cash contributions to such accounts, (3) set forth rules for the tax treatment of account distributions and for excess contributions to an account, and (4) impose a tax on employers who fail to make comparable contributions to a dependent savings account for all participating employees. | {"src": "billsum_train", "title": "Dependent Care Savings Account Act of 2014"} | 3,069 | 145 | 0.56968 | 1.48155 | 0.730924 | 2.067227 | 23.596639 | 0.87395 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Primary Act of 1996''.
SEC. 2. DEFINITION.
For purposes of this Act--
(1) the term ``election year'' means a year during which a
Presidential election is to be held;
(2) the term ``national committee'' means the organization
which, by virtue of the bylaws of a political party, is
responsible for the day-to-day operation of such political
party at the national level, as determined by the Federal
Election Commission;
(3) the term ``political party'' means an association,
committee, or organization which--
(A) nominates a candidate for election to any
Federal office whose name appears on the election
ballot as the candidate of such association, committee,
or organization; and
(B) won electoral votes in the preceding
Presidential election;
(4) the term ``primary'' means a primary election held for
the selection of delegates to a national Presidential
nominating convention of a political party, but does not
include a caucus, convention, or other indirect means of
selection; and
(5) the term ``State committee'' means the organization
which, by virtue of the bylaws of a political party, is
responsible for the day-to-day operation of such political
party at the State level, as determined by the Federal Election
Commission.
SEC. 3. SCHEDULE.
(a) Schedule.--
(1) First election cycle.--In the first election year after
the date of enactment of this Act, each State shall hold a
primary in accordance with this Act, according to the following
schedule:
(A) Region i.--Each State in Region I shall hold
its primary on the first Tuesday in March.
(B) Region ii.--Each State in Region II shall hold
its primary on the first Tuesday in April.
(C) Region iii.--Each State in Region III shall
hold its primary on the first Tuesday in May.
(D) Region iv.--Each State in Region IV shall hold
its primary on the first Tuesday in June.
(2) Subsequent election cycles.--
(A) General rule.--Except as provided in
subparagraph (B), in the second and each subsequent
election year after the date of enactment of this Act,
each State in each region shall hold its primary on the
first Tuesday of the month following the month in which
it held its primary in the preceding election year.
(B) Limitation.--If the States in a region were
required to hold their primaries not earlier than the
first Tuesday in June of the preceding year, such
States shall hold their primaries on the first Tuesday
in March of the succeeding election year.
(b) Regions.--For purposes of subsection (a):
(1) Region i.--Region I shall be comprised of the
following:
(A) Connecticut.
(B) Delaware.
(C) District of Columbia.
(D) Maine.
(E) Maryland.
(F) Massachusetts.
(G) New Hampshire.
(H) New Jersey.
(I) New York.
(J) Pennsylvania.
(K) Rhode Island.
(L) Vermont.
(M) West Virginia.
(2) Region ii.--Region II shall be comprised of the
following:
(A) Alabama.
(B) Arkansas.
(C) Florida.
(D) Georgia.
(E) Kentucky.
(F) Louisiana.
(G) Mississippi.
(H) North Carolina.
(I) Oklahoma.
(J) South Carolina.
(K) Tennessee.
(L) Texas.
(M) Virginia.
(3) Region iii.--Region III shall be comprised of the
following:
(A) Illinois.
(B) Indiana.
(C) Iowa.
(D) Kansas.
(E) Michigan.
(F) Minnesota.
(G) Missouri.
(H) Nebraska.
(I) North Dakota.
(J) Ohio.
(K) South Dakota.
(L) Wisconsin.
(4) Region iv.--Region IV shall be comprised of the
following:
(A) Alaska.
(B) Arizona.
(C) California.
(D) Colorado.
(E) Hawaii.
(F) Idaho.
(G) Montana.
(H) Nevada.
(I) New Mexico.
(J) Oregon.
(K) Utah.
(L) Washington.
(M) Wyoming.
(5) Territories.--The national committees shall jointly
determine the region of each territory of the United States.
SEC. 4. QUALIFICATION FOR BALLOT.
(a) Certification by Federal Election Commission.--The Federal
Election Commission shall certify to the States in the relevant region
the names of all seriously considered candidates of each party--
(1) for the first primary in the election year, not later
than 6 weeks before such primary; and
(2) in the subsequent primaries in the election year, not
later than 1 week after the preceding primary in that election
year.
(b) State Primary Ballots.--Each State shall include on its primary
ballot--
(1) the names certified by the Federal Election Commission;
and
(2) any other names determined by the appropriate State
committee.
SEC. 5. VOTING AT NATIONAL PARTY CONVENTIONS BY STATE DELEGATES.
(a) In General.--Each State committee shall establish a procedure
for the apportionment of delegates to the national Presidential
nominating convention of each political party based on 1 of the
following models:
(1) Winner-take-all.--A binding, winner-take-all system in
which the results of the primary bind each member of the State
delegation or Congressional district delegation (or combination
thereof) to the national convention to cast his or her vote for
the primary winner in the State.
(2) Proportionate preference.--A binding proportionate
representation system in which the results of the State primary
are used to allocate members of the State delegation or
Congressional district delegation (or combination thereof) to
the national convention to Presidential candidates based on the
proportion of the vote for some or all of the candidates
received in the primary in the State.
(b) Selection of Delegates.--
(1) Submission of names.--Not later than the date on which
a candidate is certified on the ballot for a State, such
candidate shall submit to the State committee, in priority
order, a list of names of individuals proposed by the candidate
to serve as delegates for such candidate.
(2) Selection.--Delegates apportioned to represent a
candidate pursuant to the procedure established under
subsection (a) shall be selected according to the list
submitted by the candidate pursuant to paragraph (1).
(c) Voting at the National Conventions.--Each delegate to a
national convention who is required to vote for the winner of the State
primary under the system established under subsection (a) shall so vote
for at least 2 ballots at the national convention, unless released by
the winner of the State primary to which such delegate's vote is
pledged.
SEC. 6. EFFECTIVE DATE.
This Act shall apply to the primaries in the year 2000 and in each
election year thereafter. | Presidential Primary Act of 1996 - Requires that each State hold a presidential primary according to a schedule specified by region for the first election primary cycle after enactment and for subsequent election primary cycles.
Sets forth provisions regarding voting at national party conventions by State delegates. | {"src": "billsum_train", "title": "Presidential Primary Act of 1996"} | 1,580 | 62 | 0.59531 | 1.411939 | 0.947074 | 3 | 30.1 | 0.84 |
SECTION. 1. MEDICAL INCENTIVES ACCOUNTS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 137
as section 138 and by inserting after section 136 the following new
section:
``SEC. 137. MEDICAL INCENTIVES ACCOUNTS.
``(a) Exclusion.--Gross income of an employee shall not include any
amount contributed during the taxable year by the employer to a medical
incentives account of such employee.
``(b) Limitations.--
``(1) Maximum exclusion.--
``(A) In general.--Subsection (a) shall not apply
to contributions for the taxable year in excess of
$3,000.
``(B) Medical care cost adjustment.--
``(i) In general.--In the case of any
taxable year beginning in a calendar year after
1994, the dollar amount in subparagraph (A)
shall be increased for such calendar year by
the medical care cost adjustment for such
calendar year.
``(ii) Medical care cost adjustment.--For
purposes of clause (i), the medical care cost
adjustment for any calendar year is the
percentage (if any) by which--
``(I) the medical care component of
the Consumer Price Index (as defined in
section 1(f)(5)) for August of the
preceding calendar year, exceeds
``(II) such component for August of
1993.
If any increase under the preceding sentence is
not a multiple of $50, such increase shall be
rounded to the nearest multiple of $50.
``(2) Employee must have employer-provided health
insurance.--Subsection (a) shall not apply to any employee
unless--
``(A) such employee is covered under insurance
which constitutes medical care (as defined in section
213(d)), and
``(B) any portion of the cost of such insurance is
provided by such employee's employer.
``(c) Definitions.--For purposes of this section--
``(1) Medical incentives account.--The term `medical
incentives account' means a trust created or organized in the
United States exclusively for the purpose of paying (or
reimbursing) the medical expenses of the account beneficiary,
the spouse of such beneficiary, or any dependent (as defined in
section 152) of such beneficiary, but only if the written
governing instrument creating the trust meets the following
requirements:
``(A) No contribution will be accepted unless it is
in cash, and contributions will not be accepted for the
taxable year in excess of the limitation under
subsection (b)(1).
``(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 interest of an individual in the balance
in his account is nonforfeitable.
``(D) No part of the trust assets will be invested
in life insurance contracts.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Medical expenses.--The term `medical expenses' means,
with respect to the account beneficiary, the amount paid by
such beneficiary during the taxable year which would be
allowable as a deduction for the taxable year under section 213
but for the threshold based on adjusted gross income.
``(3) Account beneficiary.--The term `account beneficiary'
means the employee for whose benefit the medical incentives
account is established.
``(d) Tax Treatment of Distributions.--
``(1) In general.--Any amount paid or distributed out of a
medical incentives account shall be included in the gross
income of the account beneficiary unless such amount is used
exclusively to pay (or reimburse) the medical expenses of such
beneficiary, the spouse of such beneficiary, or any dependent
(as defined in section 152) of such beneficiary. The preceding
sentence shall not apply to the extent that the aggregate of
such payments and distributions during any taxable year which
are not so used does not exceed the account balance as of the
close of the preceding taxable year.
``(2) Penalty for amounts included in income.--If any
amount is includible in the gross income of the account
beneficiary for any taxable year, such beneficiary's tax
imposed by this chapter shall be increased by 10 percent of the
amount so includible.
``(e) Tax Treatment of Accounts.--
``(1) Exemption from tax.--Any medical incentives account
is exempt from taxation under this subtitle unless such account
has ceased to be a medical incentives account by reason of
paragraph (2) or (3). Notwithstanding the preceding sentence,
any such account shall be subject to the taxes imposed by
section 511 (relating to imposition of tax on unrelated
business income of charitable, etc. organizations).
``(2) Account terminates if individual engages in
prohibited transaction.--
``(A) In general.--If, during any taxable year of
the individual for whose benefit the medical incentives
account was established, such individual engages in any
transaction prohibited by section 4975 with respect to
the account, the account ceases to be a medical
incentives account as of the first day of that taxable
year.
``(B) Account treated as distributing all its
assets.--In any case in which any account ceases to be
a medical incentives account by reason of subparagraph
(A) on the first day of any taxable year, paragraph (1)
of subsection (d) shall be applied as if there were a
distribution on such first day in an amount equal to
the fair market value (on such first day) of all assets
in the account (on such first day) and no portion of
such distribution were used to pay medical expenses.
``(3) Effect of pledging account as security.--If, during
any taxable year, the individual for whose benefit a medical
incentives account was established uses the account or any
portion thereof as security for a loan, the portion so used is
treated as distributed to that individual and not used to pay
medical expenses.
``(f) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if--
``(1) the assets of such account are held by a bank (as
defined in section 408(n)) or another person who demonstrates
to the satisfaction of the Secretary that the manner in which
he will administer the account will be consistent with the
requirements of this section, and
``(2) the custodial account would, except for the fact that
it is not a trust, constitute a medical incentives account
described in subsection (c).
For purposes of this title, in the case of a custodial account treated
as a trust by reason of the preceding sentence, the custodian of such
account shall be treated as the trustee thereof.
``(g) Reports.--The trustee of a medical incentives account shall
make such reports regarding such account to the Secretary and to the
individual 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
individuals at such time and in such manner as may be required by those
regulations.''
(b) Exclusion Applies for Employment Tax Purposes.--
(1) Social security taxes.--
(A) Paragraph (20) of section 3121(a) of such Code
is amended by striking ``or 132'' and inserting ``132,
or 137''.
(B) Paragraph (17) of section 209(a) of the Social
Security Act is amended by striking ``or 132'' and
inserting ``132, or 137''.
(2) Railroad retirement tax.--Paragraph (5) of section
3231(e) of such Code is amended by striking ``or 132'' and
inserting ``132, or 137''.
(3) Unemployment tax.--Paragraph (16) of section 3306(b) of
such Code is amended by striking ``or 132'' and inserting
``132, or 137''.
(4) Withholding tax.--Paragraph (19) of section 3401(a) of
such Code is amended by striking ``or 132'' and inserting ``,
132, or 137''.
(c) Tax on Prohibited Transactions.--Section 4975 of such Code
(relating to prohibited transactions) is amended--
(1) by adding at the end of subsection (c) the following
new paragraph:
``(4) Special rule for medical incentives accounts.--An
individual for whose benefit a medical incentives account
(within the meaning of section 137(c)) is established shall be
exempt from the tax imposed by this section with respect to any
transaction concerning such account (which would otherwise be
taxable under this section) if, with respect to such
transaction, the account ceases to be a medical incentives
account by reason of the application of section 137(e)(2)(A) to
such account.'', and
(2) by inserting ``or a medical incentives account
described in section 137(c)'' in subsection (e)(1) after
``described in section 408(a)''.
(d) Failure To Provide Reports on Medical Incentives Accounts.--
Section 6693 of such Code (relating to failure to provide reports on
individual retirement account or annuities) is amended--
(1) by inserting ``or on medical incentives accounts''
after ``annuities'' in the heading of such section, and
(2) by adding at the end of subsection (a) the following:
``The person required by section 137(g) to file a report
regarding a medical incentives account at the time and in the
manner required by such section shall pay a penalty of $50 for
each failure unless it is shown that such failure is due to
reasonable cause.''
(e) Clerical Amendments.--
(1) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by striking the last item and
inserting the following:
``Sec. 137. Medical incentives accounts.
``Sec. 138. Cross references to other
Acts.''
(2) The table of sections for subchapter B of chapter 68 of
such Code is amended by inserting ``or on medical incentives
accounts'' after ``annuities'' in the item relating to section
6693.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the close of the calendar year
which includes the date of the enactment of this Act. | Amends the Internal Revenue Code to exclude from the gross income of an employee amounts contributed by an employer to a medical incentives account. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for amounts contributed by an employer to medical incentives accounts of employees."} | 2,427 | 29 | 0.539067 | 1.193903 | 0.595233 | 2.12 | 88.44 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Americans Living
Abroad Act of 2015''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on Americans Living Abroad'' (in this Act referred to as the
``Commission'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 10
members appointed by the President, of whom--
(1) two members shall be appointed from among individuals
recommended by the Speaker of the House of Representatives;
(2) two members shall be appointed from among individuals
recommended by the minority leader of the House of
Representatives;
(3) two members shall be appointed from among individuals
recommended by the majority leader of the Senate; and
(4) two members shall be appointed from among individuals
recommended by the minority leader of the Senate.
(b) Qualifications.--
(1) Limit on officers or employees of the united states.--
Not more than 6 members shall be officers or employees of the
United States.
(2) Political party affiliation.--Not more than 6 members
of the Commission may be of the same political party.
(3) Expertise.--
(A) Officers or employees of the united states.--
Members of the Commission who are officers or employees
of the United States shall be appointed from among
individuals whose employment is directly related to the
matters to be studied by the Commission under section
4(a)(2).
(B) Other members.--Members of the Commission who
are not officers or employees of the United States
shall be appointed from among individuals who--
(i) have lived in a foreign country for not
less than one year;
(ii) are members of organizations that
represent United States citizens living in
foreign countries; or
(iii) have other experience that is
relevant to the matters to be studied by the
Commission under section 4(a)(2).
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner in which the original appointment was made.
Any vacancy in the Commission shall not affect its powers.
(d) First Meeting.--Not later than 60 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(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.--The President shall select a Chairperson for the
Commission from among its members.
SEC. 4. DUTIES.
(a) Study.--
(1) In general.--The Commission shall conduct a study on
how Federal laws and policies affect United States citizens
living in foreign countries, including civilians and members of
the Armed Forces.
(2) Matters studied.--The matters studied shall include the
following:
(A) Federal financial reporting requirements for a
United States citizen living in a foreign country,
including the requirements under section 5314 of title
31, United States Code.
(B) Federal policies and requirements that affect
the ability of a United States citizen living in a
foreign country to access foreign and domestic
financial institutions, including requirements under
chapter 4 of the Internal Revenue Code of 1986
(commonly known as the ``Foreign Account Tax Compliance
Act'') and requirements affecting financial
institutions imposed by the Uniting and Strengthening
America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001 (USA
Patriot Act) (Public Law 107-56).
(C) Federal requirements for a spouse, child, or
another family member of a United States citizen living
in a foreign country who is not a United States citizen
to become a United States citizen.
(D) The ability of a United States citizen living
in a foreign country to vote in Federal, State, and
local elections in the United States, and the process
for such a citizen to vote in such elections.
(E) The processes by which a United States citizen
living in a foreign country interacts with Federal
programs such as Social Security and Medicare.
(F) Which Federal agencies have jurisdiction over
each Federal program that serves United States citizens
who live in foreign countries and possible methods to
improve the collaboration of and coordination between
such Federal agencies.
(b) Consultation With Outside Organizations.--In conducting the
study under subsection (a), the Commission shall consult with
organizations that represent United States citizens living in foreign
countries.
(c) Reports.--
(1) Initial report.--Not later than one year after the date
of enactment of this Act, the Commission shall submit a report
to the President, Congress, and the head of any Federal agency
identified in subsection (a)(2)(F), which shall contain a
detailed statement of the findings and conclusions of the
Commission, together with its recommendations for such
legislative and administrative actions as it considers
appropriate.
(2) Update.--Not later than one year after the date on
which the Commission submits the report under paragraph (1),
the Commission shall submit an update to the President,
Congress, and the head of any Federal agency identified in
subsection (a)(2)(F), which shall describe any administrative
actions taken by the head of any Federal agency pursuant to the
recommendations in such report.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--Subject to section 6103 of the
Internal Revenue Code of 1986, the Commission may secure directly from
any Federal department or agency such information as the Commission
considers necessary to carry out this Act. Upon request of the
Chairperson of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the United States shall be compensated at
a rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the duties of
the Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation in
addition to that received for their services as officers or employees
of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any United States employee may
be detailed to the Commission without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. FEDERAL AGENCY RESPONSE.
Not later than 180 days after the date on which the Commission
submits the report under section 4(c)(1), the head of any Federal
agency that is affected by a recommendation in such report shall submit
to the President, Congress, and the Commission a response to such
recommendation, including any plans to take administrative action
pursuant to such recommendation.
SEC. 8. TERMINATION.
The Commission shall terminate on the date on which it submits its
update under section 4(c)(2).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $2,000,000 for each of
fiscal years 2015 and 2016 to the Commission to carry out this Act to
remain available until the termination of the Commission. | Commission on Americans Living Abroad Act of 2015 Establishes the Commission on Americans Living Abroad which shall conduct a study of how federal laws and policies affect U.S. citizens living abroad, including civilians and members of the Armed Forces. Requires the head of any federal agency that is affected by a recommendation in the report required by this Act to submit a response to the President, Congress, and the Commission. | {"src": "billsum_train", "title": "Commission on Americans Living Abroad Act of 2015"} | 2,066 | 92 | 0.500161 | 1.134943 | -0.074664 | 4.342105 | 25.592105 | 0.947368 |
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), the President
shall, at the times specified in subsection (b), 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
information indicating that that person, on or after August 8, 1995--
(1)(A) transferred items on the MTCR Annex, or items that
the United States proposes for addition to the MTCR Annex, that
contributed to Iran's efforts to acquire, develop, or produce
ballistic missiles, or
(B) provided technical assistance or facilities which the
President deems to be of concern because of their direct
contribution to Iran's efforts to acquire, develop, or produce
ballistic missiles; or
(2)(A) attempted to transfer items on the MTCR Annex, or
items that the United States proposes for addition to the MTCR
Annex, that would have contributed to Iran's efforts to
acquire, develop, or produce ballistic missiles, or
(B) attempted to provide technical assistance or facilities
which the President deems to be of concern because of their
direct contribution 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 1 year after such date of enactment, and not later than the
end of each 1-year period thereafter.
(c) Exceptions.--Any foreign person who--
(1) was identified in a previous report submitted under
subsection (a) on account of a particular transfer,
transaction, or attempt,
(2) has engaged in a transfer or transaction that was the
basis for the imposition of sanctions with respect to that
person under section 73 of the Arms Export Control Act or
section 1604 of the Iran-Iraq Arms Non-Proliferation Act of
1992,
(3) may have engaged in a transfer or transaction, or made
an attempt, that was the subject of a waiver under section 4,
or
(4) has engaged in a transfer or transaction, or made an
attempt, on behalf of, or in concert with, the Government of
the United States,
is not required to be identified on account of that same transfer,
transaction, or attempt in any report submitted thereafter under this
section.
(d) Submission in Classified Form.--When the President considers it
appropriate, reports submitted under subsection (a), or appropriate
parts thereof, may be submitted in classified form.
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 under that
section, and
(B) any foreign person identified under subsection
(a)(2) of section 2 in a report submitted under 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 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) on the date that 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 in
effect on 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
to that person of any goods or technology on the control list
established under section 5(c)(1) of that Act.
(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 ON BASIS OF ADDITIONAL INFORMATION.
(a) In General.--The President may waive the imposition of any
sanction that would otherwise be required under 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 that person, or otherwise
obtained by the President, the President is persuaded that the person
did not, on or after August 8, 1995--
(1)(A) transfer items on the MTCR Annex, or items that the
United States proposes for addition to the MTCR Annex, that
contributed to Iran's efforts to acquire, develop, or produce
ballistic missiles, or
(B) provide technical assistance or facilities which the
President deems to be of concern because of their direct
contribution to Iran's efforts to acquire, develop, or produce
ballistic missiles; or
(2) attempt on more than one occasion--
(A) to transfer items on the MTCR Annex, or items
that the United States proposes for addition to the
MTCR Annex, that would have contributed to Iran's
efforts to acquire, develop, or produce ballistic
missiles, or
(B) to provide technical assistance or facilities
described in paragraph (1)(B).
(b) Written Justification.--The determination and report of the
President under subsection (a) shall include a written justification
describing in detail--
(1) the credible information indicating that the person--
(A) transferred items described in section
2(a)(1)(A), or provided technical assistance or
facilities described in section 2(a)(1)(B); or
(B) attempted to transfer items described in
section 2(a)(1)(A), or attempted to provide technical
assistance or facilities described in section
2(a)(1)(B);
(2) the additional information which persuaded the
President that the person did not--
(A) transfer items described in section 2(a)(1)(A),
or provide technical assistance or facilities described
in section 2(a)(1)(B); or
(B) attempt to transfer items described in section
2(a)(1)(A), or attempt to provide technical assistance
or facilities described in section 2(a)(1)(B); and
(3) the analysis of the information supporting the
President's conclusion.
(c) Submission in Classified Form.--When the President considers it
appropriate, the determination and report of the President under
subsection (a) and the written justification under subsection (b), or
appropriate parts thereof, may be submitted in classified form.
SEC. 5. WAIVER ON BASIS OF NATIONAL SECURITY.
(a) In General.--The President may waive the imposition of any
sanction that would otherwise be required under 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 such waiver is essential to the national security of the United
States.
(b) Written Justification.--The determination and report of the
President under subsection (a) shall include a written justification
describing in detail the facts and circumstances supporting the
President's conclusion.
(c) Submission in Classified Form.--When the President considers it
appropriate, the determination and report of the President under
subsection (a) and the written justification under subsection (b), or
appropriate parts thereof, may be submitted in classified form.
SEC. 6. ADDITIONAL INFORMATION REGARDING ACTIONS BY GOVERNMENT OF
PRIMARY JURISDICTION.
As part of each report submitted under section 2, the President
shall include the following information with respect to each foreign
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 person 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 person 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 person 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 person 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. 7. PURCHASE OF WEAPONS TECHNOLOGY.
(a) Sense of the Congress.--It is the sense of the Congress that
the President should exercise the authority granted to him under
section 504 of the Freedom for Russia and Emerging Eurasian Democracies
and Open Markets Support Act of 1992 (22 U.S.C. 5854)--
(1) to prevent the transfer of weapons-related material and
delivery systems to Iran through the purchase, barter, or other
acquisition of such material and delivery systems; and
(2) to prevent the transfer to Iran of scientific and
technical expertise with respect to such weapons-related
material and delivery systems.
(b) Availability of Amounts.--Amounts hereafter made available,
subject to the availability of appropriations, to carry out chapter 11
of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et
seq.; relating to assistance for the independent states of the former
Soviet Union) may be used to carry out subsection (a).
SEC. 8. DEFINITIONS.
For the purposes of this Act--
(1) the terms ``foreign person'' and ``person'' mean--
(A) a natural person that is an alien;
(B) a corporation, business association,
partnership, society, trust, or any other
nongovernmental entity, organization, or group, that is
organized under the laws of a foreign country or has
its principal place of business in a foreign country;
(C) any foreign governmental entity operating as a
business enterprise; and
(D) any successor or subsidiary of any entity
described in subparagraph (B) or (C);
(2) the term ``government of primary jurisdiction'' means--
(A) in the case of a natural person, the foreign
government of the country of which the person is a
citizen or national;
(B) in the case of an entity described in
subparagraph (B) of paragraph (1), the foreign
government of the country in which the entity has its
principal place of business, or the foreign government
under whose laws that entity is organized; and
(C) in the case of a foreign governmental entity
described in subparagraph (C) of paragraph (1), the
foreign government of which that entity is a part; and
(3) the term ``MTCR Annex'' has the meaning given that term
in section 11B(c)(4) of the Export Administration Act of 1979
(50 U.S.C. 2410b(c)(4)). | Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons 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. Excludes from identification in such reports any such persons who were previously identified or sanctioned, who are subject to a waiver, or who have acted on behalf of, or in concert with, the United States.
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 U.S. national security or additional information demonstrating that the sanctioned person did not commit the acts alleged.
Expresses the sense of the Congress that the President should exercise the authority granted to him under the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 to prevent: (1) the transfer through purchase, barter, or other acquisition of weapons-related material and delivery systems to Iran; and (2) the transfer to Iran of scientific and technical expertise with respect to such material and systems. Authorizes the use of certain assistance, otherwise available for the independent states of the former Soviet Union under the Foreign Assistance Act of 1961, to prevent such transfers. | {"src": "billsum_train", "title": "Iran Missile Proliferation Sanctions Act of 1997"} | 2,688 | 364 | 0.682362 | 2.168953 | 0.804232 | 3.487879 | 7.621212 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect United States Security in
the Arctic Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has important economic, security, and
national defense interests in the Arctic region.
(2) The United States Government has issued several key
reports and strategies on the Arctic region over the last four
years, including--
(A) the Department of Defense Report to Congress on
Strategy to Protect United States National Security
Interests in the Arctic Region (December 2016);
(B) the 2015 Year In Review: Progress Report on the
Implementation of the National Strategy for the Arctic
Region (March 2016);
(C) the Implementation Plan for the National
Strategy for the Arctic Region (January 30, 2014); and
(D) the National Strategy for the Arctic Region
(May 2013), which set forth the United States
Government's strategic priorities for the Arctic
region.
(3) According to the Council on Foreign Relations, the
Arctic region is warming at double the rate of the rest of the
world, opening new routes for ships and development of natural
resources throughout the Arctic region.
(4) The rapidly warming Arctic region threatens fisheries
and wildlife habitat, existing infrastructure and communities
throughout Alaska, including increased vulnerability to coastal
erosion. Alaska native communities are particularly vulnerable
to the changing climate.
(5) Given these developments, the United States needs to
bolster its infrastructure and assets in the Arctic region to
safeguard its strategic interests, defend its national borders,
protect the environment, and maintain its scientific and
technological leadership.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should continue to convene the Arctic
Executive Steering Committee established on January 21, 2015,
pursuant to Executive Order 13689 (80 Fed. Reg. 6425; relating
to enhancing coordination of national efforts in the Arctic);
and
(2) the United States should ratify the United Nations
Convention on the Law of the Sea in order to allow the United
States to secure its claim to offshore resources present along
the Arctic's extended continental shelf.
SEC. 4. STRATEGY TO PROTECT UNITED STATES INTERESTS IN THE ARCTIC
REGION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall develop and submit to
Congress a strategy to protect United States interests in the Arctic
region.
(b) Goals.--The strategy required under subsection (a) shall
include the following goals:
(1) Improve telecommunications, navigation, ocean and
coastal mapping, and Coast Guard and other infrastructure to
support a sustained security and emergency response presence
for the State of Alaska.
(2) Direct the United States representative to the Arctic
Council to use the voice and vote of the United States to
conduct increased confidence-building and cooperative security
measures with the other member countries of the Arctic Council.
(3) Support climate resilience efforts across the Arctic
region.
(4) Sustain robust research funding to understand the
ongoing climate changes in the Arctic region and the global
impact of such changes.
(c) Use of Prior Reports and Strategies.--The strategy required
under subsection (a) shall be informed by the reports and strategies
described in section 2(2) and other relevant United States Government
reports and strategies regarding the Arctic region.
(d) Comptroller General of the United States Report.--
(1) In general.--Not later than 45 days after the date of
the enactment of the this Act, the Comptroller General of the
United States shall submit to the Committees on Armed Services
of the Senate and the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives a report assessing the cost and procurement
schedule for new United States icebreakers.
(2) Elements.--The report required in paragraph (1) shall
include an analysis of the following:
(A) The current status of the efforts of the Coast
Guard to acquire new icebreaking capability, including
coordination through the Integrated Program Office.
(B) Actions being taken by the Coast Guard to
incorporate key practices from other nations that
procure icebreakers to increase knowledge and reduce
costs and risks.
(C) The extent by which the cost and schedule for
building Coast Guard icebreakers differs from those in
other countries, if known.
(D) The extent that innovative acquisition
practices (such as multiyear funding and block buys)
may be applied to icebreaker acquisition to reduce the
cost and accelerate the schedule.
(E) A capacity replacement plan to mitigate a
potential icebreaker capability gap if the Polar Star
cannot remain in service.
(F) Any other matters the Comptroller General
considers appropriate.
SEC. 5. AUTHORIZATION TO PROCURE COAST GUARD ICEBREAKERS.
(a) Authorization.--Consistent with the plan required by section
3523 of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), the Secretary of the department in which the
Coast Guard is operating may enter into a contract to procure up to
three Coast Guard heavy icebreakers to defend United States interests
in the Arctic Region, beginning in fiscal year 2018.
(b) Liability Subject to Appropriations.--Any contract entered into
under subsection (a) shall provide that--
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of
appropriations for that purpose; and
(2) the total liability to the Government for termination
of such contract shall be limited to the total amount of
funding obligated under such contract at the time of
termination.
(c) Report.--Consistent with such section, the Secretary shall
report to the relevant congressional committees on plans of such
department to--
(1) procure and sustain icebreakers in addition to the
vessels authorized by subsection (a); and
(2) ensure that at least three Coast Guard icebreakers are
operational at all times. | Protect United States Security in the Arctic Act of 2017 This bill instructs the President to submit to Congress a strategy to protect U.S. interests in the Arctic region. Such strategy shall include goals to: improve telecommunications, navigation, ocean and coastal mapping, and Coast Guard and other infrastructure to support a sustained security and emergency response presence for Alaska; direct the U.S. representative to the Arctic Council to use the voice and vote of the United States to conduct increased confidence-building and cooperative security measures with other member countries; support climate resilience efforts across the Arctic region; and sustain robust research funding to understand the ongoing climate changes in the Arctic region and their global impact. The Government Accountability Office (GAO) shall submit a report that assesses the cost and procurement schedule for new U.S. icebreakers. Consistent with the recapitalization plan for the acquisition of heavy and medium icebreakers to meet Coast Guard statutory missions in the polar regions, the department in which the Coast Guard is operating: (1) may enter into a contract to procure up to three Coast Guard heavy icebreakers for the defense of U.S. interests in the Arctic region, beginning In FY2018; and (2) shall report on its plans to procure and sustain icebreakers in addition to the vessels authorized to be procured under such contract and to ensure that at least three Coast Guard icebreakers are ready for operations at all times. | {"src": "billsum_train", "title": "Protect United States Security in the Arctic Act of 2017"} | 1,285 | 307 | 0.629577 | 1.967286 | 0.755332 | 4.569811 | 4.732075 | 0.901887 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``OPIC Termination Act''.
SEC. 2. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) Termination of Authority To Make New Obligations.--(1)
Effective 60 days after the date of the enactment of this Act, the
Overseas Private Investment Corporation shall not issue any insurance,
guaranties, or reinsurance, make any loan, or acquire any securities,
under section 234 of the Foreign Assistance Act of 1961, enter into any
agreements for any other activity authorized by such section 234, or
enter into risk sharing arrangements authorized by section 234A of that
Act.
(2) Paragraph (1) does not require the termination of any contract
or other agreement entered into before such paragraph takes effect.
(b) Termination of OPIC.--Effective 180 days after the date of the
enactment of this Act, the Overseas Private Investment Corporation is
abolished.
(c) Transfer of Operations to OMB.--The Director of the Office of
Management and Budget shall, effective 180 days after the date of the
enactment of this Act, perform the functions of the Overseas Private
Investment Corporation with respect to contracts and agreements
described in subsection (a)(2) until the expiration of such contracts
and agreements, but shall not renew any such contract or agreement. The
Director shall take the necessary steps to wind up the affairs of the
Corporation.
(d) Repeal of Authorities.--Effective 180 days after the date of
the enactment of this Act, title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 and following) is
repealed, but shall continue to apply with respect to functions
performed by the Director of the Office of Management and Budget under
subsection (c).
(e) Appropriations.--Funds available to the Corporation shall, upon
the effective date of the repeal made by subsection (d), be transferred
to the Director of the Office of Management and Budget for use in
performing the functions of the Corporation under subsection (c). Upon
the expiration of the contracts and agreements with respect to which
the Director is exercising such functions, any unexpended balances of
the funds transferred under this subsection shall be deposited in the
Treasury as miscellaneous receipts.
SEC. 3. SAVINGS PROVISIONS.
(a) Prior Determinations Not Affected.--The repeal made by section
2(d) of the provisions of law set forth in such section shall not
affect any order, determination, regulation, or contract that has been
issued, made, or allowed to become effective under such provisions
before the effective date of the repeal. All such orders,
determinations, regulations, and contracts shall continue in effect
until modified, superseded, terminated, set aside, or revoked in
accordance with law by the President, the Director of the Office of
Management and Budget, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(b) Pending Proceedings.--(1) The repeal made by section 2(d) shall
not affect any proceedings, including notices of proposed rulemaking,
pending on the effective date of the repeal, before the Overseas
Private Investment Corporation, except that no insurance, reinsurance,
guarantee, or loan may be issued pursuant to any application pending on
such effective date. Such proceedings, to the extent that they relate
to functions performed by the Director of the Office of Management and
Budget after such repeal, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and payments shall
be made pursuant to such orders, as if this Act had not been enacted;
and orders issued in any such proceedings shall continue in effect
until modified, terminated, superseded, or revoked by the Director, by
a court of competent jurisdiction, or by operation of law. Nothing in
this subsection shall be deemed to prohibit the discontinuance or
modification of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if this Act had not been enacted.
(2) The Director of the Office of Management and Budget is
authorized to issue regulations providing for the orderly transfer of
proceedings continued under paragraph (1).
(c) Actions.--Except as provided in subsection (e)--
(1) the provisions of this Act shall not affect suits
commenced before the effective date of the repeal made by
section 2(d); 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.
(d) Liabilities Incurred.--No suit, action, or other proceeding
commenced by or against any officer in the official capacity of such
individual as an officer of the Overseas Private Investment
Corporation, shall abate by reason of the enactment of this Act. No
cause of action by or against the Overseas Private Investment
Corporation, or by or against any officer thereof in the official
capacity of such officer shall abate by reason of the enactment of this
Act.
(e) Parties.--If, before the effective date of the repeal made by
section 2(d), the Overseas Private Investment Corporation or an officer
thereof in the official capacity of such officer, is a party to a suit,
then such suit shall be continued with the Director of the Office of
Management and Budget substituted or added as a party.
(f) Review.--Orders and actions of the Director of the Office of
Management and Budget in the exercise of functions of the Overseas
Private Investment Corporation shall be subject to judicial review to
the same extent and in the same manner as if such orders and actions
had been issued or taken by the Overseas Private Investment
Corporation. Any statutory requirements relating to notice, hearings,
action upon the record, or administrative review that apply to any
function of the Overseas Private Investment Corporation shall apply to
the exercise of such function by the Director of the Office of
Management and Budget.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 5, United States Code.--(1) Section 5314 of title 5,
United States Code, is amended by striking:
``President, Overseas Private Investment Corporation.''.
(2) Section 5315 of title 5, United States Code, is amended by
striking:
``Executive Vice President, Overseas Private Investment
Corporation.''.
(3) Section 5316 of title 5, United States Code, is amended by
striking:
``Vice Presidents, Overseas Private Investment Corporation
(3).''.
(b) Other Amendments and Repeals.--(1) Section 222(a) of the
Foreign Assistance Act of 1961 is amended by inserting after ``section
238(c)'' the following: ``as in effect on the day before the effective
date of the repeal of that section made by section 2(d) of the OPIC
Abolition Act''.
(2) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15
U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private
Investment Corporation,''.
(3) Section 2312(d)(1) of the Export Enhancement Act of 1988 (15
U.S.C. 4727(d)(1)) is amended--
(A) by striking subparagraph (K); and
(B) by redesignating subparagraphs (L) and (M) as
subparagraphs (K) and (L), respectively.
(4) Section 5402(b) of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4902(b)) is amended--
(A) in paragraph (12) by adding ``and'' after the
semicolon;
(B) by striking paragraph (13); and
(C) by redesignating paragraph (14) as paragraph (13).
(5) Section 624 of the Higher Education Act of 1965 (20 U.S.C.
1131c) is amended by striking ``the Overseas Private Investment
Corporation,''.
(6) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs
under title IV of chapter 2, relating to the Overseas Private
Investment Corporation)''.
(7)(A) Section 574 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996 (22 U.S.C. 2394 note) is
amended--
(i) by amending subsection (b) to read as follows:
``(b) Countries.--The countries referred to in subsection (a) are
countries for which in excess of $5,000,000 has been obligated during
the previous fiscal year for assistance under sections 103 through 106,
chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign
Assistance Act of 1961, and under the Support for East European
Democracy Act of 1989.''; and
(ii) in the first sentence of subsection (c) by striking
``the Administrator'' and all that follows through
``Corporation'' and inserting ``and the Administrator of the
Agency for International Development''.
(B) The amendment made by subparagraph (A) shall first apply to the
annual report required to be submitted under section 574(a) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996 in the fiscal year following the fiscal year
in which no funds have been obligated by the Overseas Private
Investment Corporation by virtue of this Act.
(8) Section 2(c)(12) of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5401(c)(12)) is repealed.
(9) Section 202(b)(2)(B) of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is
amended--
(A) by striking clause (iv); and
(B) by redesignating clauses (v), (vi), and (vii) as
clauses (iv), (v), and (vi), respectively.
(10) Section 9101(3) of title 31, United States Code, is amended--
(A) by striking subparagraph (H); and
(B) by redesignating subparagraphs (I) through (P) as
subparagraphs (H) through (O), respectively.
(11) The following provisions of law are repealed:
(A) Section 5(b)(2) of the Overseas Private Investment
Corporation Amendments Act of 1981 (22 U.S.C. 2194a).
(B) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304).
(C) Subsections (b), (c), and (d) of section 576 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991.
(D) Subsections (b), (c), and (d) of section 597 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990.
(E) Sections 109 and 111 of the Overseas Private Investment
Corporation Amendments Act of 1988, as enacted by reference in
section 555 of Public Law 100-461.
(c) Effective Date.--The amendments and repeals made by this
section shall take effect 180 days after the date of the enactment of
this Act. | OPIC Termination Act - Abolishes the Overseas Private Investment Corporation. | {"src": "billsum_train", "title": "OPIC Termination Act"} | 2,608 | 24 | 0.465261 | 1.234163 | -0.461062 | 3.272727 | 205.272727 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neighborhood Infrastructure
Improvement and Inner City Job Creation Act''.
SEC. 2. ESTABLISHMENT OF GRANT PROGRAM.
The Secretary of Labor (in this Act referred to as the
``Secretary'') shall provide grants to eligible administrative entities
described in section 3(a) for the purpose of establishing and carrying
out programs that provide employment opportunities to unemployed
individuals through payments for labor and related costs associated
with the repair and renovation of essential community facilities.
SEC. 3. ELIGIBLE ADMINISTRATIVE ENTITIES.
(a) In General.--An administrative entity shall be eligible to
receive a grant under section 2 if the entity is--
(1) a private industry council (described under section 102
of the Job Training Partnership Act (29 U.S.C. 1512)),
(2) a unit of general local government,
(3) a nonprofit private organization, or
(4) in the case of a grant involving a Native American
Indian tribe or Alaska Native Village, a grantee designated
under subsection (c) or (d) of section 401 of the Job Training
Partnership Act, or a consortium of such grantees and the
State,
that serves 1 or more eligible jurisdictions described under subsection
(b).
(b) Eligible Jurisdiction.--An eligible jurisdiction described
under this subsection is an area which has a poverty rate in excess of
30 percent and which is--
(1) a unit of general local government which has a
population of 50,000 or more individuals; or
(2) a Native American Indian tribe, band, or group located
on a Federal or State reservation, the Oklahoma Indians, and
any Alaska Native village or group as defined in the Alaska
Native Claims Settlement Act, having a governing body.
(c) Priority.--In selecting administrative entities described in
subsection (a) to receive a grant under section 2, priority shall be
given to administrative entities that give assurances to the Secretary
in the application submitted under section 4 that such entities will
give priority to individuals who are low-skilled workers in selecting
individuals to participate in programs established and carried out by
such entities under section 5(a).
SEC. 4. APPLICATION.
The Secretary may not make a grant under section 2 to an eligible
administrative entity unless the entity submits to the Secretary an
application in such form and containing such information as the
Secretary may require.
SEC. 5. USE OF AMOUNTS.
(a) In General.--Except as provided in subsection (b), the
Secretary may not make a grant under section 2 to an eligible
administrative entity unless the entity agrees that it will use all
amounts received from such grant to establish and carry out a program
to provide wages and related employment benefits to eligible
individuals described in subsections (a) and (b) of section 6 for the
purpose of employing such individuals to repair and renovate essential
community facilities that are located within the eligible jurisdiction
that the entity serves, including--
(1) painting bridges;
(2) repairing and renovating public buildings and other
community facilities, including public libraries;
(3) repairing and renovating public housing units;
(4) repairing water systems and water development projects;
(5) erecting or replacing traffic control signs and
removing road sign obstructions;
(6) replacing school crossing, intersection, and other road
surface markings;
(7) repairing roads and streets;
(8) repairing and renovating parks and playgrounds;
(9) installing and repairing drainage pipes and catch
basins in areas subject to flooding;
(10) installing graded ramps for individuals with
disabilities; and
(11) weatherizing community facilities and carrying out
other energy conservation activities.
(b) Administrative Costs.--Not more than 25 percent of amounts
received from a grant under section 2 for any fiscal year may be used
for the cost of administration and the acquisition of supplies, tools,
and other equipment.
SEC. 6. ELIGIBLE INDIVIDUALS.
(a) In General.--An individual shall be eligible to participate in
a program described in section 5(a) only if the individual--
(1) is an unemployed individual at the time of enrollment
in such program;
(2) has been unemployed, at a minimum, for the duration of
the 15-week period immediately preceding the date of such
enrollment; and
(3) has made a good-faith attempt to obtain employment
during such 15-week period.
(b) Additional Requirement for Secondary School-Age Individuals.--
(1) In general.--In addition to meeting the requirements
described in subsection (a), a secondary school-age individual
shall be eligible to participate in a program described in
section 5(a) only if the individual has not attended a
secondary school for any part of the 6-month period immediately
preceding the date of enrollment in such program.
(2) Secondary school-age individual defined.--For purposes
of paragraph (1), the term ``secondary school-age individual''
means an individual who has attained the age of 16 but has not
attained the age of 20.
(c) Priority.--In selecting individuals described in subsections
(a) and (b) to participate in a program described in section 5(a),
priority shall be given to the individuals who, at the time of
selection to the program, have exhausted or are otherwise not eligible
for unemployment insurance benefits, particularly those individuals who
have been unemployed for the longest periods of time preceding the date
of their selection to the program.
SEC. 7. NONDISCRIMINATION.
No individual shall be excluded from participation in, denied the
benefits of, subjected to discrimination under, or denied employment in
the administration of or in connection with any program described in
section 5(a) because of race, color, religion, sex, national origin,
age, disability, or political affiliation or belief.
SEC. 8. LABOR STANDARDS.
The labor standards described under section 143 of the Job Training
Partnership Act (29 U.S.C. 1553) shall apply for purposes of a program
established under section 5(a).
SEC. 9. MAINTENANCE OF EXPENDITURES.
The Secretary may not make a grant under section 2 to an eligible
administrative entity unless the entity agrees that it will maintain
its aggregate expenditures from all other sources for employing
individuals to repair and renovate essential community facilities at or
above the average level of such expenditures in the 2 fiscal years
preceding the date on which the entity submits an application under
section 4 to the Secretary.
SEC. 10. REPORT.
The Secretary may not make a grant under section 2 to an eligible
administrative entity unless the entity agrees that it will submit, for
any fiscal year in which the entity receives a grant under such
section, a report to the Secretary describing the use of such grant and
any other information the Secretary determines to be appropriate.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out section 2 $1,000,000,000 for fiscal year 1996 and such sums as may
be necessary for each succeeding fiscal year.
(b) Availability.--Funds authorized to be appropriated under
subsection (a) shall remain available until expended. | Neighborhood Infrastructure Improvement and Inner City Job Creation Act - Directs the Secretary of Labor to make grants to eligible administrative entities for programs to provide employment opportunities to unemployed individuals through payments for labor and related costs associated with repair and renovation of essential community facilities. Makes an area eligible for such a program if it has a poverty rate above 30 percent and is: (1) a local government with a population of 50,000 or more; or (2) a Native American Indian tribe, band or group located on a Federal or State reservation, the Oklahoma Indians, and any Alaska Native village or group, having a governing body.
Gives grant priority to administrative entities that assure giving priority to low-skilled workers as program participants. Requires eligible participants to have been unemployed for at least 15 weeks and have sought employment during that period. Makes secondary school-age individuals (16 to 20 years old) eligible only if they have not attended a secondary school at any time during the previous six months. Gives priority to individuals who have exhausted or are not eligible for unemployment insurance benefits, particularly those who have been unemployed for the longest periods.
Authorizes appropriations. | {"src": "billsum_train", "title": "Neighborhood Infrastructure Improvement and Inner City Job Creation Act"} | 1,593 | 249 | 0.596473 | 1.822954 | 0.842152 | 4.154867 | 6.50885 | 0.89823 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Year 2010 Federal Aviation
Administration Extension Act, Part II''.
SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2009'' and inserting ``March 31, 2010''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2009'' and inserting ``March 31, 2010''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``December 31, 2009'' and inserting
``March 31, 2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2010.
SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``January 1, 2010'' and inserting ``April 1,
2010''; and
(2) by inserting ``or the Fiscal Year 2010 Federal Aviation
Administration Extension Act, Part II'' before the semicolon at the
end of subparagraph (A).
(b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such
Code is amended by striking ``January 1, 2010'' and inserting ``April
1, 2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2010.
SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--
(1) In general.--Section 48103(7) of title 49, United States
Code, is amended to read as follows:
``(7) $2,000,000,000 for the 6-month period beginning on
October 1, 2009.''.
(2) Obligation of amounts.--Sums made available pursuant to the
amendment made by paragraph (1) may be obligated at any time
through September 30, 2010, and shall remain available until
expended.
(3) Program implementation.--For purposes of calculating
funding apportionments and meeting other requirements under
sections 47114, 47115, 47116, and 47117 of title 49, United States
Code, for the 6-month period beginning on October 1, 2009, the
Administrator of the Federal Aviation Administration shall--
(A) first calculate funding apportionments on an annualized
basis as if the total amount available under section 48103 of
such title for fiscal year 2010 were $4,000,000,000; and
(B) then reduce by 50 percent--
(i) all funding apportionments calculated under
subparagraph (A); and
(ii) amounts available pursuant to sections 47117(b)
and 47117(f)(2) of such title.
(b) Project Grant Authority.--Section 47104(c) of such title is
amended by striking ``December 31, 2009,'' and inserting ``March 31,
2010,''.
SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 40117(l)(7) of title 49, United States Code, is amended
by striking ``January 1, 2010.'' and inserting ``April 1, 2010.''.
(b) Section 44302(f)(1) of such title is amended--
(1) by striking ``December 31, 2009,'' and inserting ``March
31, 2010,''; and
(2) by striking ``March 31, 2010,'' and inserting ``June 30,
2010,''.
(c) Section 44303(b) of such title is amended by striking ``March
31, 2010,'' and inserting ``June 30, 2010,''.
(d) Section 47107(s)(3) of such title is amended by striking
``January 1, 2010.'' and inserting ``April 1, 2010.''.
(e) Section 47115(j) of such title is amended by striking ``January
1, 2010,'' and inserting ``April 1, 2010,''.
(f) Section 47141(f) of such title is amended by striking
``December 31, 2009.'' and inserting ``March 31, 2010.''.
(g) Section 49108 of such title is amended by striking ``December
31, 2009,'' and inserting ``March 31, 2010,''.
(h) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by striking
``January 1, 2010,'' and inserting ``April 1, 2010,''.
(i) Section 186(d) of such Act (117 Stat. 2518) is amended by
striking ``January 1, 2010,'' and inserting ``April 1, 2010,''.
(j) The amendments made by this section shall take effect on
January 1, 2010.
SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k)(1)(F) of title 49, United States Code, is amended to
read as follows:
``(F) $4,676,574,750 for the 6-month period beginning on
October 1, 2009.''.
SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a)(6) of title 49, United States Code, is amended to
read as follows:
``(6) $1,466,888,500 for the 6-month period beginning on
October 1, 2009.''.
SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a)(14) of title 49, United States Code, is amended to
read as follows:
``(14) $92,500,000 for the 6-month period beginning on October
1, 2009.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II - Amends the Internal Revenue Code to extend through March 31, 2010: (1) excise taxes on aviation fuels and air transportation of persons and property; and (2) the expenditure authority for the Airport and Airway Trust Fund.
Authorizes appropriations for the six-month period from October 1, 2009, through March 31, 2010, for airport improvement program (AIP) projects, including project grant authority. Sets forth a formula for calculating the apportionment of AIP funding.
Extends through March 31, 2010, various airport development projects, including: (1) the pilot program for passenger facility fees at nonhub airports; (2) small airport grants for airports located in the Marshall Islands, Micronesia, and Palau; (3) the temporary increase to 95% in the government share of certain AIP project costs; and (4) the funding of Midway Island airport development.
Extends through March 31, 2010, state and local land use compatibility projects under the AIP program.
Extends through March 31, 2010, the authority of the Metropolitan Washington Airports Authority to apply for an airport development grant and impose a passenger facility fee.
Extends through March 31 2010, Department of Transportation (DOT) insurance coverage for domestic and foreign-flag air carriers. Allows further extension through June 30, 2010.
Extends through June 30, 2010, air carrier liability limits for injuries to passengers resulting from acts of terrorism.
Extends through March 31, 2010, certain competitive access assurance requirements for large or medium hub airport sponsors applying for AIP grants.
Extends for the six-month period beginning October 1, 2009, the authorization of appropriations for: (1) Federal Aviation Administration (FAA) operations; (2) air navigation facilities and equipment; and (3) research, engineering, and development. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes."} | 1,398 | 384 | 0.586262 | 1.740255 | 0.759368 | 1.933884 | 3.341598 | 0.694215 |
SECTION 1. TREATMENT OF CERTAIN AMOUNTS RECEIVED BY A COOPERATIVE
TELEPHONE COMPANY.
(a) Nonmember Income.--
(1) In general.--Paragraph (12) of section 501(c) of the
Internal Revenue Code of 1986 (relating to list of exempt
organizations) is amended by adding at the end the following
new subparagraph:
``(E) In the case of a mutual or cooperative
telephone company (hereafter in this subparagraph
referred to as the `cooperative'), 50 percent of the
income received or accrued directly or indirectly from
a nonmember telephone company for the performance of
communication services by the cooperative shall be
treated for purposes of subparagraph (A) as collected
from members of the cooperative for the sole purpose of
meeting the losses and expenses of the cooperative.''
(2) Certain billing and collection service fees not taken
into account.--Subparagraph (B) of section 501(c)(12) of such
Code is amended by striking ``or'' at the end of clause (iii),
by striking the period at the end of clause (iv) and inserting
``, or'', and by adding at the end the following new clause:
``(v) from billing and collection services
performed for a nonmember telephone company.''
(3) Conforming amendment.--Clause (i) of section
501(c)(12)(B) of such Code is amended by inserting before the
comma at the end thereof ``, other than income described in
subparagraph (E)''.
(4) Effective date.--The amendments made by this subsection
shall apply to amounts received or accrued after December 31,
1996.
(5) No inference as to unrelated business income treatment
of billing and collection service fees.--Nothing in the
amendments made by this subsection shall be construed to
indicate the proper treatment of billing and collection service
fees under part III of subchapter F of chapter 1 of the
Internal Revenue Code of 1986 (relating to taxation of business
income of certain exempt organizations).
(b) Treatment of Certain Investment Income of Mutual or Cooperative
Telephone Companies.--
(1) In general.--Paragraph (12) of section 501(c) of such
Code (relating to list of exempt organizations) is amended by
adding at the end the following new subparagraph:
``(F) In the case of a mutual or cooperative
telephone company, subparagraph (A) shall be applied
without taking into account reserve income (as defined
in section 512(d)(2)) if such income, when added to
other income not collected from members for the sole
purpose of meeting losses and expenses, does not exceed
35 percent of the company's total income. For the
purposes of the preceding sentence, income referred to
in subparagraph (B) shall not be taken into account.''
(2) Portion of investment income subject to unrelated
business income tax.--Section 512 of such Code is amended by
adding at the end the following new subsection:
``(d) Investment Income of Certain Mutual or Cooperative Telephone
Companies.--
``(1) In general.--In determining the unrelated business
taxable income of a mutual or cooperative telephone company
described in section 501(c)(12)--
``(A) there shall be included, as an item of gross
income derived from an unrelated trade or business,
reserve income to the extent such reserve income, when
added to other income not collected from members for
the sole purpose of meeting losses and expenses,
exceeds 15 percent of the company's total income, and
``(B) there shall be allowed all deductions
directly connected with the portion of the reserve
income which is so included.
For purposes of the preceding sentence, income referred to in
section 501(c)(12)(B) shall not be taken into account.
``(2) Reserve income.--For purposes of paragraph (1), the
term `reserve income' means income--
``(A) which would (but for this subsection) be
excluded under subsection (b), and
``(B) which is derived from assets set aside for
the repair or replacement of telephone system
facilities of such company.''
(3) Effective date.--The amendments made by this subsection
shall apply to amounts received or accrued after December 31,
1996. | Amends the Internal Revenue Code with respect to the tax-exempt status of a mutual or cooperative telephone company to provide that 50 percent of the income received from a nonmember telephone company for services by the cooperative shall be treated as collected from members of the cooperative for the sole purpose of meeting the losses and expenses of the cooperative.
Excludes, in determining the income of a cooperative: (1) billing and collection services performed for a nonmember telephone company; and (2) certain reserve income that does not exceed 35 percent of the company's total income. Subjects a portion of such reserve income to unrelated business income tax. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 with respect to the treatment of certain amounts received by a cooperative telephone company."} | 964 | 133 | 0.624912 | 1.668743 | 0.628151 | 4.512195 | 6.95935 | 0.886179 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bring Our Children Home Act''.
SEC. 2. JURISDICTION OVER COMPETING STATE CUSTODY ORDERS.
Section 1738A of title 28, United States Code, is amended by adding
at the end the following:
``(i) If a court of 1 State makes a child custody determination in
accordance with subsection (c) and if that determination is in conflict
with a determination made by another State in accordance with
subsection (c), a contestant for whom such a determination was made may
bring an action in the district court of the United States the district
of which includes the resident of such contestant to determine, on the
basis of the best interests of the child involved, which determination
shall prevail.''.
SEC. 3. NATIONAL REGISTRY OF CUSTODY ORDERS.
(a) In General.--The Attorney General shall establish a national
child custody and visitation registry in which shall be entered--
(1) certified copies of custody and visitation
determinations made by courts throughout the United States (and
foreign custody orders concerning children temporarily or
permanently resident in the United States);
(2) information identifying pending proceedings in courts
throughout the United States for initial, modification, or
enforcement orders; and
(3) information identifying proceedings filed in any court
in the United States pursuant to the Hague Convention on the
Civil Aspects of International Child Abduction and the
International Child Abduction Remedies Act, and resulting
orders.
(b) Cooperation.--The Attorney General shall seek the cooperation
of Federal and State courts in each State, and the District of
Columbia, in providing relevant information to the registry on an
ongoing basis. The Attorney General shall provide such financial and
technical assistance as necessary.
(c) Access.--The registry shall be accessible to courts, law
enforcement officials, custody contestants, and their legal
representatives.
SEC. 4. DETENTION OF CHILDREN LISTED AS MISSING.
Law enforcement officers of any State or local government may
hold, for not more than 24 hours or until a disposition can be made,
any child listed under any category of the Missing Person File by the
National Crime Information Center for the proper disposition of the
child in accordance with the latest valid custody determination
applicable to the child.
SEC. 5. INTERNATIONAL CHILD ABDUCTION REMEDIES.
(a) Legal Assistance for Victims of Parental Kidnapping.--Section 7
of the International Child Abduction Remedies Act (42 U.S.C. 11606) is
amended by adding at the end the following:
``(f) Legal Assistance for Victims of Parental Kidnapping Grants.--
``(1) Funding to legal services providers.--The Central
Authority shall establish a program to provide funding to legal
services providers, including private attorneys, public
officials acting pursuant to the Uniform Child Custody
Jurisdiction and Enforcement Act, legal aid programs, and law
school clinical programs, to provide direct legal or advocacy
services on behalf of persons seeking remedies under the
Convention, or other civil or criminal remedies in interstate
or international parental kidnapping cases.
``(2) Training and technical assistance.--The Central
Authority, directly or through grants, shall provide training
and technical assistance to recipients of funds under paragraph
(1) to improve their capacity to offer legal assistance
described in paragraph (1).''.
(b) Legal Services Corporation.--The Legal Services Corporation may
use funds made available to the Corporation for programs to represent
aliens in proceedings brought in the United States under the
Convention--
(1) if the individuals to whom the representation is
provided otherwise meet the criteria of the Corporation for
eligible clients under the Legal Services Corporation Act; and
(2) whether or not such individuals are resident in the
United States.
(c) Exemption From Court Costs.--Section 8(b) of the International
Child Abduction Remedies Act (42 U.S.C. 11607(b)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by striking paragraph (1) and inserting the following:
``(1) No court costs may be assessed on a petitioner in
connection with a petition seeking the return of, or rights of
access to, a child located in the United States, pursuant to
this Act.
``(2) Petitioners may be required to bear the costs of legal
counsel or advisors, court costs incurred in connection with their
petitions (other than petitions described in paragraph (1)) and travel
costs for the return of the child involved and any accompanying
persons, except as provided in paragraphs (3) and (4).''; and
(3) in paragraph (3), as so redesignated--
(A) by striking ``paragraph (3)'' and inserting
``paragraph (4)''; and
(B) by inserting ``(other than in connection with a
petition described in paragraph (1))'' after ``or court
costs''.
(d) Responsibilities of United States Central Authority.--Section 7
of the International Child Abduction Remedies Act (42 U.S.C. 11606) is
amended by adding at the end the following:
``(f) Technical Assistance.--The United States Central Authority
shall encourage the Chief Justice of every State and the District of
Columbia to designate a single court, or a limited number of courts, in
which cases brought under the Convention may be heard. The Central
Authority may provide technical assistance (including computers and
Internet access) as necessary to foster consolidation of jurisdiction
and implementation of the Convention, consistent with the purposes of
the Convention.
``(g) Training.--The United States Central Authority shall provide
or promote training of State court judges, lawyers, and law students on
the civil and criminal laws pertaining to interstate and international
parental kidnapping. To carry out this subsection, the United States
Central Authority may make available funds under subsection (e) to
State judicial educators, national, State, and local bar associations,
and law schools. The United States Central Authority shall require
recipients of such funds to report on the training programs they
present, including the number of participants.''.
(e) Federal Judicial Center.--Section 620 of title 28, United
States Code, is amended by adding at the end the following:
``(c) Continuing Education and Training Programs.--The Center shall
include in its continuing education and training programs, including
the training programs for newly appointed judges, information on the
Hague Convention on the Civil Aspects of International Child Abduction,
the International Child Abduction Remedies Act, the International
Parental Kidnapping Crime Act, and other Federal statutes pertaining to
parental kidnapping within the jurisdiction of the Federal courts, and
shall prepare materials necessary to carry out this subsection.''.
SEC. 6. REPORTS RELATING TO INTERNATIONAL CHILD ABDUCTION.
(a) Report on Progress in Negotiating Bilateral Treaties With Non-
Hague Convention Countries.--The Secretary of State shall prepare and
submit to the Congress an annual report on progress made by the United
States in negotiating and entering into bilateral treaties (or other
international agreements) relating to international child abduction
with countries that are not contracting parties to the Hague Convention
on the Civil Aspects of International Child Abduction.
(b) Report on Human Rights Practices.--(1) Section 116(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--
(A) in paragraph (7), by striking ``and'' at the end and
inserting a semicolon;
(B) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(9) the status of efforts in each country to prohibit
international child abduction, including--
``(A) efforts to expedite the return of children to
the country of their habitual residence; and
``(B) the extent to which the country respects the
rights of custody and of access under the laws of other
countries.''.
(2) Section 502B(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(b)) is amended by inserting after the sixth sentence the
following: ``Each report under this section shall include information
on the status of efforts in each country to prohibit international
child abduction, including efforts to expedite the return of children
to the country of their habitual residence and the extent to which the
country respects the rights of custody and of access under the laws of
other countries.''.
(c) Report on Enforcement of Section 1204 of Title 18, United
States Code.--The Attorney General, in consultation with the Secretary
of State, shall prepare and submit to the Congress an annual report
that contains a description of the status of each case involving a
request during the preceding year for extradition to the United States
of an individual alleged to have violated section 1204 of title 18,
United States Code.
SEC. 7. SUPPORT FOR UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT
ACT.
From amounts made available to carry out this section, the
Attorney General shall support, directly or through grants and
contracts, the adoption and implementation by the States of the Uniform
Child Custody Jurisdiction and Enforcement Act, as adopted by the
National Conference of Commissioners on Uniform State Laws (in this
section referred to as the ``UCCJEA''). The support provided under this
section shall include the following activities:
(1) Activities to promote the adoption of the UCCJEA by
States that have not yet adopted it.
(2) Activities to provide training to lawyers and to judges
and other appropriate public officials to ensure that the
UCCJEA is implemented effectively and uniformly throughout the
United States.
(3) Activities to provide guidance and funding to States to
facilitate and expedite the enforcement by those States of the
custody and visitation provisions of the UCCJEA.
SEC. 8. FEDERAL JUDICIAL CENTER EDUCATION PROGRAMS ON PARENTAL
KIDNAPPING.
The Federal Judicial Center, in fulfilling its function to
stimulate, create, develop, and conduct programs of continuing
education and training for personnel of the judicial branch of the
Government and other persons (as specified in section 620(b)(3) of
title 28, United States Code), shall ensure that those programs include
education, training, and materials on the Hague Convention on the Civil
Aspects of International Child Abduction, the International Child
Abduction Remedies Act, the International Parental Kidnapping Crime
Act, and such other international and Federal laws relating to parental
kidnapping as are within the jurisdiction of the Federal courts.
SEC. 9. USE OF SUPERVISED VISITATION CENTERS UNDER THE SAFE HAVENS FOR
CHILDREN PILOT PROGRAM IN SITUATIONS INVOLVING THE RISK
OF PARENTAL KIDNAPPING.
Section 1301(a) of the Violence Against Women Act of 2000 (42
U.S.C. 10420(a)) is amended by striking ``or stalking'' and inserting
``stalking, or the risk of parental kidnapping''. | Bring Our Children Home Act - Amends the Federal judicial code to provide that a contestant may bring an action in U.S. district court to resolve conflicting child custody determinations. Directs the Attorney General to establish a registry of child custody and visitation orders and proceedings. Authorizes State and local law enforcement officers to hold any child listed as missing for a proper custody disposition. Amends the International Child Abduction Remedies Act to require the U.S. Central Authority under the Hague Convention on the Civil Aspects of International Child Abduction to establish a funding program for the provision of legal services to persons seeking remedies in interstate or international parental kidnapping cases. Authorizes the Legal Services Corporation to provide Convention-related legal assistance to qualified aliens. Requires the Central Authority to encourage the designation of courts to hear Convention-related cases. Amends the Federal judicial code to require the Federal Judicial Center to include in its continuing education programs information on the Convention and related laws. Requires various reports relating to international child abduction. Requires the Attorney General to support, through specified activities, the adoption and implementation in the States of the Uniform Child Custody Jurisdiction and Enforcement Act. Amends the Violence Against Women Act of 2000 to expand the Safe Havens for Children Pilot Program to include children at risk of parental kidnapping. | {"src": "billsum_train", "title": "A bill to amend title 28, United States Code, to give district courts of the United States jurisdiction over competing State custody determinations, and for other purposes."} | 2,482 | 305 | 0.629118 | 1.85458 | 0.846171 | 3.016807 | 9.357143 | 0.890756 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preservation of Localism, Program
Diversity, and Competition in Television Broadcast Service Act of
2003''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The principle of localism is embedded in the
Communications Act in section 307(b) of the Communications Act
of 1934 (47 U.S.C. 307(b)). It has been the pole star for
regulation of the broadcast industry by the Federal
Communications Commission for nearly 70 years.
(2) In the Telecommunications Act of 1996, Congress
directed the Federal Communications Commission to increase the
limitations on national multiple television ownership so that
one party could not own or control television stations whose
aggregate national audience reach exceeded 35 percent. Congress
did so because it recognized that--
(A) further national concentration could not be
undone;
(B) other regulatory changes, such as the repeal by
the Commission of its financial and syndication
regulations, would heighten the power of the national
television networks; and
(C) the independence of non-network-owned stations
would be threatened if network ownership exceeded 35
percent.
(3) If a limit to the national audience reach of television
stations that one party may own or control is not codified at
this time--
(A) further national concentration may occur whose
pernicious effects may be difficult to eradicate; and
(B) the independence of non-network-owned stations
will be threatened, placing local stations in danger of
becoming mere passive conduits for network
transmissions.
(4) A cap on national multiple television ownership will
help preserve localism by limiting the networks ability to
dictate programming aired on local stations.
(5) The landscape of national ownership has changed
dramatically over the past two decades since the time when the
networks were limited to owning just seven television stations
nationwide:
(A) the Commission's financial and syndication
regulations have been repealed;
(B) the networks can own more than one television
station in many local markets;
(C) the networks have embraced programming ventures
from studios to syndication to foreign sales; and
(D) the networks own the most popular cable and
Internet content businesses.
Together these changes have strengthened the networks hands and
given them strong incentives to override local interests.
(6) Unlike non-network-owned stations which are only
concerned with local viewers, network-owned stations have
multiple interests they must consider: national advertising
interests, syndicated programming interests, foreign sales
interests, cable programming interests, and, lastly, local
station interests.
(7) The possibility of further nationalization threatens
the current give-and-take between non-network-owned affiliates
and networks which can result in programming being edited,
scheduled, or promoted in ways that are more appropriate for
local audiences.
(8) As network power has grown in recent years, the
networks have forced affiliation agreements to tilt the balance
of power even more in their favor. Contract provisions encroach
on the ability of non-network-owned affiliates to reject
programming that local stations determine not to be in the best
interests of their local communities, and local stations are penalized
for unauthorized preemptions (as determined by the network) and for
exceeding preemption baskets.
(9) This Act will help to preserve localism in and to
prevent the further nationalization of the television broadcast
service.
(b) Purposes.--The purposes of this Act are--
(1) to promote the values of localism in the television
broadcast service;
(2) to promote diversity of television programming and
viewpoints;
(3) to promote competition; and
(4) to prevent excessive concentration of ownership by
establishing a limit to the national audience reach of the
television stations that any one party may own or control.
SEC. 3. NATIONAL TELEVISION MULTIPLE OWNERSHIP LIMITATIONS.
(a) Establishment of National Television Multiple Ownership
Limitations.--Part I of Title III of the Communications Act of 1934 is
amended by inserting after section 339 (47 U.S.C. 339) the following
new section:
``SEC. 340. NATIONAL TELEVISION MULTIPLE OWNERSHIP LIMITATIONS.
``(a) National Audience Reach Limitation.--The Commission shall not
permit any license for a commercial television broadcast station to be
granted, transferred, or assigned to any party (including all parties
under common control) if the grant, transfer, or assignment of such
license would result in such party or any of its stockholders,
partners, or members, officers, or directors, directly or indirectly,
owning, operating or controlling, or having a cognizable interest in
television stations which have an aggregate national audience reach
exceeding 35 percent.
``(b) No Grandfathering.--The Commission shall require any party
(including all parties under common control) that holds licenses for
commercial television broadcast stations in excess of the limitation
contained in subsection (a) to divest itself of such licenses as may be
necessary to come into compliance with such limitation within one year
after the date of enactment of this section.
``(c) Section Not Subject to Forbearance.--Section 10 of this Act
shall not apply to the requirements of this section.
``(d) Definitions.--
``(1) National audience reach.--The term `national audience
reach' means--
``(A) the total number of television households in
the Nielsen Designated Market Area (DMA) markets in
which the relevant stations are located, or as
determined under a successor measure adopted by the
Commission to delineate television markets for purposes
of this section; divided by
``(B) the total national television households as
measured by such DMA data (or such successor measure)
at the time of a grant, transfer, or assignment of a
license.
No market shall be counted more than once in making this
calculation.
``(2) Cognizable interest.--Except as may otherwise be
provided by regulation by the Commission, the term `cognizable
interest' means any partnership or direct ownership interest
and any voting stock interest amounting to 5 percent or more of
the outstanding voting stock of a licensee.''.
(b) Conforming Amendment.--Section 202(c)(1) of the
Telecommunications Act of 1934 (Public Law 104-104; 110 Stat. 111) is
amended--
(1) by striking ``its regulations'' and all that follows
through ``by eliminating'' and inserting ``its regulations (47
CFR 73.3555) by eliminating'';
(2) by striking ``; and'' at the end of subparagraph (A)
and inserting a period; and
(3) by striking subparagraph (B). | Preservation of Localism, Program Diversity, and Competition in Television Broadcast Service Act of 2003 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from permitting any license for a commercial television broadcast station to be granted, transferred, or assigned to any party if such action would result in that party owning, operating, controlling, or having a cognizable interest in stations which have an aggregate national audience reach exceeding 35 percent. Requires any party currently having licenses in excess of such limit to divest as necessary to comply with such limit within one year. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to preserve localism, to foster and promote the diversity of television programming, to foster and promote competition, and to prevent excessive concentration of ownership of the nation's television broadcast stations."} | 1,469 | 126 | 0.453734 | 1.346635 | 0.624479 | 5.273585 | 12.95283 | 0.933962 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) there is great disagreement concerning the causes of
the problem of epidemic drug addiction in the United States and
about the most effective way to reduce it;
(2) one of the factors which most inhibits an effective
response to the problem of epidemic drug addiction in the
United States is the lack of accurate information concerning
both the problem and the specific effectiveness of each
individual element of the Nation's antidrug effort;
(3) evaluating the effectiveness of the individual elements
of the Federal program to reduce epidemic drug abuse requires
accurately establishing cause and effect relationship
concerning drug addiction;
(4) the United States has promulgated a National Drug
Strategy pursuant to the requirements of the 1988 Anti-Drug
Abuse Act and will devote many billions of dollars to antidrug
programs for many years to come; and
(5) it is in the interests of the Nation that these funds
be spent as effectively as possible and that a permanent
mechanism exist to audit their expenditure.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) require a study of the effectiveness of federally
funded antidrug programs; and
(2) create a permanent auditing mechanism for federally
funded antidrug programs.
SEC. 3. STUDY OF ANTI-DRUG PROGRAMS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall enter into
appropriate arrangements with the National Academy of Sciences to
conduct a comprehensive study and investigation of the effectiveness in
reducing drug addiction of the various components of the Federal
antidrug program, including--
(1) crop eradication;
(2) crop substitution;
(3) support for foreign law enforcement;
(4) interdiction, including a separate analysis of the
effectiveness of the military services in the interdiction
effort;
(5) education;
(6) treatment;
(7) support for local law enforcement;
(8) criminal justice system reforms; and
(9) research, including a separate analysis of
effectiveness of pharmocological research and research into
other types of medical treatments for drug addiction.
(b) Methodology.--The study described in subsection (a) shall to
the maximum extent possible--
(1) study control for the effects of broad societal changes
unrelated to specific antidrug initiatives, such as changing
demographic patterns;
(2) separate the effects of such component of the Federal
antidrug program from the effects of other antidrug
initiatives;
(3) consider the extent to which the expenditure of Federal
funds on job training, education, and other health, education,
and welfare programs contribute to reducing epidemic drug
addiction;
(4) study the cost-effectiveness of each component of the
Federal antidrug program, as well as the programs described in
paragraph (3); and
(5) take into account the social and demographic factors
which influence rates and forms of epidemic drug addiction and
provide, where possible, information on the effectiveness of
the various components of the Federal antidrug program on
various demographic subgroups within the population.
(c) Reporting.--In conducting the study described in subsection
(a), the National Academy of Sciences shall provide to the Secretary
and the Congress--
(1) not later than 6 months after the date of enactment of
this Act a detailed written description of the manner in which
the study will be conducted, including a specific set of goals
for the study;
(2) not later than 18 months after the date of enactment of
this Act the preliminary results of the study; and
(3) not later than 2 years after the date of enactment of
this Act the final results of the study.
(d) Update of Study.--The Secretary shall enter into appropriate
arrangements with the National Academy of Sciences to update the
results of the study described in subsection (a) every 2 years
following the initial report.
(e) Assistance From Federal Agencies.--Agencies of the Federal
Government shall provide to the National Academy of Sciences such
information as it may reasonably request for the purpose of conducting
the study described in subsection (a).
SEC. 4. AUDIT BY THE GOVERNMENT ACCOUNTING OFFICE.
(a) In General.--The Government Accounting Office shall provide to
the Congress on an annual basis an audit report concerning the
management and expenditures of the component parts of the Federal
antidrug program.
(b) Separate Components.--The report described in (a) shall contain
a separate section on each of the component parts of the Federal
antidrug program.
(c) Access to Records.--In order to carry out the purposes of this
section, the Comptroller General shall have such access to records,
files, personnel, and facilities of the Federal agencies involved in
the Federal antidrug program, including the military and intelligence
services, as the Comptroller General considers necessary. | Directs the Secretary of Health and Human Services to enter into arrangements with the National Academy of Sciences to conduct a comprehensive investigation of the effectiveness in reducing drug addiction of the various components of the Federal anti-drug program, including: (1) crop eradication; (2) crop substitution; (3) support for local and foreign law enforcement; (4) interdiction; (5) education; (6) treatment; (7) criminal justice system reforms; and (8) research.
Requires that such investigation: (1) study the effects of broad societal changes unrelated to specific anti-drug initiatives, such as changing demographic patterns; (2) separate the effects of each component of the Federal anti-drug program from the effects of other anti-drug initiatives; (3) consider the extent to which the expenditure of Federal funds on job training, education, and other health, education, and welfare programs contributes to reducing epidemic drug addiction; (4) examine the cost of each component of the Federal anti-drug program, as well as such other programs which reduce drug addiction; and (5) take into account social and demographic factors which influence rates and forms of epidemic drug addiction and provide information on the effectiveness of the various components of the Federal anti-drug program on various demographic subgroups within the population.
Requires the General Accounting Office to provide to the Congress annual audit reports concerning the management and expenditures of the component parts of the Federal anti-drug program. | {"src": "billsum_train", "title": "A bill to mandate a study of the effectiveness of a National Drug Strategy and to provide for an accounting of funds devoted to its implementation, and for other purposes."} | 1,023 | 298 | 0.729091 | 2.248454 | 0.922058 | 5.342466 | 3.417808 | 0.972603 |
SECTION 1. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS.
(a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5101 et seq.) is amended by adding at the end the following:
``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS.
``(a) Temporary Authority To Originate Loans for Loan Originators
Moving From a Depository Institution to a Non-Depository Institution.--
``(1) In general.--Upon employment by a State-licensed
mortgage company, an individual who is a registered loan
originator shall be deemed to have temporary authority to act
as a loan originator in an application State for the period
described in paragraph (2) if the individual--
``(A) has not had an application for a loan
originator license denied, or had such a license
revoked or suspended in any governmental jurisdiction;
``(B) has not been subject to or served with a
cease and desist order in any governmental jurisdiction
or as described in section 1514(c);
``(C) has not been convicted of a felony that would
preclude licensure under the law of the application
State;
``(D) has submitted an application to be a State-
licensed loan originator in the application State; and
``(E) was registered in the Nationwide Mortgage
Licensing System and Registry as a loan originator
during the 12-month period preceding the date of
submission of the information required under section
1505(a).
``(2) Period.--The period described in paragraph (1) shall
begin on the date that the individual submits the information
required under section 1505(a) and shall end on the earliest
of--
``(A) the date that the individual withdraws the
application to be a State-licensed loan originator in
the application State;
``(B) the date that the application State denies,
or issues a notice of intent to deny, the application;
``(C) the date that the application State grants a
State license; or
``(D) the date that is 120 days after the date on
which the individual submits the application, if the
application is listed on the Nationwide Mortgage
Licensing System and Registry as incomplete.
``(b) Temporary Authority To Originate Loans for State-Licensed
Loan Originators Moving Interstate.--
``(1) In general.--A State-licensed loan originator shall
be deemed to have temporary authority to act as a loan
originator in an application State for the period described in
paragraph (2) if the State-licensed loan originator--
``(A) meets the requirements of subparagraphs (A),
(B), (C), and (D) of subsection (a)(1);
``(B) is employed by a State-licensed mortgage
company in the application State; and
``(C) was licensed in a State that is not the
application State during the 30-day period preceding
the date of submission of the information required
under section 1505(a) in connection with the
application submitted to the application State.
``(2) Period.--The period described in paragraph (1) shall
begin on the date that the State-licensed loan originator
submits the information required under section 1505(a) in
connection with the application submitted to the application
State and end on the earliest of--
``(A) the date that the State-licensed loan
originator withdraws the application to be a State-
licensed loan originator in the application State;
``(B) the date that the application State denies,
or issues a notice of intent to deny, the application;
``(C) the date that the application State grants a
State license; or
``(D) the date that is 120 days after the date on
which the State-licensed loan originator submits the
application, if the application is listed on the
Nationwide Mortgage Licensing System and Registry as
incomplete.
``(c) Applicability.--
``(1) Any person employing an individual who is deemed to
have temporary authority to act as a loan originator in an
application State pursuant to this section shall be subject to
the requirements of this title and to applicable State law to
the same extent as if such individual was a State-licensed loan
originator licensed by the application State.
``(2) Any individual who is deemed to have temporary
authority to act as a loan originator in an application State
pursuant to this section and who engages in residential
mortgage loan origination activities shall be subject to the
requirements of this title and to applicable State law to the
same extent as if such individual was a State-licensed loan
originator licensed by the application State.
``(d) Definitions.--In this section, the following definitions
shall apply:
``(1) State-licensed mortgage company.--The term `State-
licensed mortgage company' means an entity licensed or
registered under the law of any State to engage in residential
mortgage loan origination and processing activities.
``(2) Application state.--The term `application State'
means a State in which a registered loan originator or a State-
licensed loan originator seeks to be licensed.''.
(b) Table of Contents Amendment.--The table of contents in section
1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501
note) is amended by inserting after the item relating to section 1517
the following:
``Sec. 1518. Employment transition of loan originators.''.
SEC. 2. AMENDMENT TO CIVIL LIABILITY OF THE BUREAU AND OTHER OFFICIALS.
Section 1513 of the S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5112) is amended by striking ``are loan originators or are
applying for licensing or registration as loan originators'' and
inserting ``are applying for licensing or registration using the
Nationwide Mortgage Licensing System and Registry''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 18 months after the date of the enactment of this Act.
Passed the House of Representatives May 23, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (Sec. 1) This bill amends the S.A.F.E. Mortgage Licensing Act of 2008 (Act) to state that, upon employment by a state-licensed mortgage company, an individual who is a registered loan originator shall be deemed to have temporary authority to act as one in an application state for a specified period if the individual: has not had an application for a loan originator license denied, or had such a license revoked or suspended in any governmental jurisdiction; has not been subject to or served with a cease and desist order in any governmental jurisdiction; has not been convicted of a felony that would preclude licensure under the law of the application state; has applied to be a state-licensed originator in the application state; and was registered in the Nationwide Mortgage Licensing System and Registry as a loan originator during the 12-month period preceding the date of the required information. A state-licensed loan originator shall also be deemed to have temporary authority to act as a loan originator in an application state for a specified period if the loan originator: (1) meets certain requirements; (2) is employed by a state-licensed mortgage company in the application state; and (3) was licensed in another state during the 30-day period before submitting the information required in connection with the application to the application state. Any person employing an individual deemed to have such temporary authority to act as a loan originator in an application state, and any such individual who engages in residential mortgage loan activities, shall be subject to the requirements of the Act and to state law to the same extent as if such individual was a loan originator licensed by the application state. (Sec. 2) The exemption from civil liability of the Consumer Financial Protection Bureau (CFPB), any state official or agency, or any organization serving as the administrator of the Nationwide Mortgage Licensing System and Registry (or a CFPB-established system), or any officer or employee of any such entity, by reason of a good faith action or omission while acting within the scope of office or employment that relates to the collection, furnishing, or dissemination of information concerning persons applying for licensing or registration as loan originators shall be limited to any such activities involving only information concerning applicants using the Nationwide Mortgage Licensing System and Registry. | {"src": "billsum_train", "title": "SAFE Transitional Licensing Act of 2015"} | 1,452 | 520 | 0.728397 | 2.334861 | 0.63841 | 4.893905 | 2.860045 | 0.889391 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IDEA Parental Choice Act of 2003''.
SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
(a) Research and Innovation To Improve Services and Results for
Children With Disabilities.--Section 672(b)(2) of the Individuals with
Disabilities Education Act (20 U.S.C. 1472(b)(2)) is amended by adding
at the end the following:
``(I) Supporting the post-award planning and
design, and the initial implementation (which may
include costs for informing the community, acquiring
necessary equipment and supplies, and other initial
operational costs), during a period of not more than 3
years, of State programs that allow the parent of a
child with a disability to make a genuine independent
choice of the appropriate public or private school for
their child, if the program--
``(i) requires that the child--
``(I) have been determined to be a
child with a disability in accordance
with section 614;
``(II) have spent the prior school
year in attendance at a public
elementary or secondary school unless
the child was served under section 619
or part C during such year; and
``(III) have in effect an
individualized education program (as
defined in section 614(d)(1)(A));
``(ii) permits the parent to receive from
the eligible entity funds to be used to pay
some or all of the costs of attendance at the
selected school (which may include tuition,
fees, and transportation costs);
``(iii) prohibits the selected school from
discriminating against eligible students on the
basis of race, color, or national origin; and
``(iv) requires the selected school to be
academically accountable to the parent for
meeting the educational needs of the
student.''.
(b) Children Enrolled in Private Schools By Their Parents.--Section
612(a)(10)(A) of the Individuals with Disabilities Education Act (20
U.S.C. 1412(a)(10)(A)) is amended by adding at the end the following:
``(iii) Parent option program.--If a State
has established a program described in section
672(b)(2)(I) (whether statewide or in limited
areas of the State) that allows a parent of a
child with a disability to use public funds to
pay some or all of the costs of attendance at a
public or private school--
``(I) funds allocated to the State
under section 611 may be used to
supplement those public funds, if the
Federal funds are distributed to
parents who make a genuine independent
choice as to the appropriate school for
their child;
``(II) the authorization of a
parent to exercise this option fulfills
the State's obligation under paragraph
(1) with respect to the child during
the period in which the child is
enrolled in the selected school; and
``(III) a private school accepting
those funds shall be deemed, for both
the programs and services delivered to
the child, to be providing a free
appropriate public education and to be
in compliance with section 504 of the
Rehabilitation Act of 1973 (29 U.S.C.
794).''.
(c) Permissive Use of Funds.--Section 613(a)(4) of the Individuals
with Disabilities Education Act (20 U.S.C. 1413(a)(4)) is amended by
adding at the end the following:
``(C) Supplemental educational services for
children with disabilities in schools designated for
improvement.--For the reasonable additional expenses
(as determined by the local educational agency) of any
necessary accommodations to allow children with
disabilities who are being educated in a school
identified for school improvement under section 1116(b)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6316(b)) to be provided supplemental
educational services under section 1116(e) of such Act
on an equitable basis, if such children with
disabilities are eligible children (as defined in
section 1116(e)(12)(A) of such Act).''.
(d) Allowing Children To Receive Early Intervention Services Until
Age 6.--
(1) In general.--Section 632(5) of the Individuals with
Disabilities Education Act (20 U.S.C. 1432(5)) is amended--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) may also include, at a State's discretion, a
child aged 3 through 5, who previously received
services under this part and who is eligible for
services under section 619, if services provided to
this age group under this part include an educational
component that promotes school readiness and
incorporates scientifically based pre-literacy,
language, and numeracy skills.''.
(2) Requirements for statewide system.--Section 635 of the
Individuals with Disabilities Education Act (20 U.S.C. 1435) is
amended by adding at the end the following:
``(c) Treatment of Children Aged 3 through 5.--If a State includes
children described in section 632(5)(C) in the system described in
section 633, the State shall be considered to have fulfilled any
obligation under part B with respect to the provision of a free
appropriate public education to those children during the period in
which they are receiving services under this part.''. | IDEA Parental Choice Act of 2003 - Amends the Individuals with Disabilities Education Act (IDEA) to authorize use of funds for parental school choice programs which may involve vouchers for private or public education for students with disabilities.Allows the use of certain research and innovation grant and contract funds to support planning, design, and implementation of State programs that allow parents of children with disabilities a choice of an appropriate public or private school (parental option program).Allows any State with a statewide or local area parental option program that allows use of public funds to pay some or all costs of attendance at a public or private school to supplement those public funds from its IDEA allocation, if the Federal funds are distributed to parents who make a genuine independent choice as to the appropriate school for their child. Provides that a State's allowing a parent to exercise this option fulfills the State's obligation to provide a free appropriate public education with respect to the child with disabilities during the period in which the child is enrolled in the selected school.Authorizes use of IDEA funds for local educational agencies to support reasonable additional expenses for the accommodation of students with disabilities who are eligible to receive supplemental education services, including services from private or faith-based providers, because they attend underachieving schools designated for improvement.Allows, at a State's discretion, students with disabilities up to age six, who meet certain criteria, to be included in IDEA early intervention services programs (thus giving parents the choice to have their child continue with the same service provider). | {"src": "billsum_train", "title": "To provide options to States to innovate and improve the education of children with disabilities by expanding the choices for students and parents under the Individuals with Disabilities Education Act."} | 1,269 | 336 | 0.625903 | 1.632746 | 0.832358 | 2.648276 | 3.806897 | 0.875862 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hunting Heritage and Fishing
Preservation Act of 2004''.
TITLE I--HUNTING HERITAGE PROTECTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Hunting Heritage Protection Act''.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) Recreational hunting is an important and traditional
recreational activity in which 13,000,000 people in the United
States 16 years of age and older participate.
(2) Hunters have been and continue to be among the foremost
supporters of sound wildlife management and conservation
practices in the United States.
(3) Persons who hunt and organizations relating to hunting
provide direct assistance to wildlife managers and enforcement
officers of the Federal Government and State and local
governments.
(4) Purchases of hunting licenses, permits, and stamps and
excise taxes on goods used by hunters have generated billions
of dollars for wildlife conservation, research, and management.
(5) Recreational hunting is an essential component of
effective wildlife management by--
(A) reducing conflicts between people and wildlife;
and
(B) providing incentives for the conservation of--
(i) wildlife; and
(ii) habitats and ecosystems on which
wildlife depend.
(6) Each State has established at least 1 agency staffed by
professionally trained wildlife management personnel that has
legal authority to manage the wildlife in the State.
(7) Recreational hunting is an environmentally acceptable
activity that occurs and can be provided for on Federal public
land without adverse effects on other uses of the land.
SEC. 103. DEFINITIONS.
In this title:
(1) Agency head.--The term ``agency head'' means the head
of any Federal agency that has authority to manage a natural
resource or Federal public land on which a natural resource
depends.
(2) Federal public land.--
(A) In general.--The term ``Federal public land''
means any land or water that is--
(i) publicly accessible;
(ii) owned by the United States; and
(iii) managed by an executive agency for
purposes that include the conservation of
natural resources.
(B) Exclusion.--The term ``Federal public land''
does not include any land held in trust for the benefit
of an Indian tribe or member of an Indian tribe.
(3) Hunting.--The term ``hunting'' means the lawful--
(A) pursuit, trapping, shooting, capture,
collection, or killing of wildlife; or
(B) attempt to pursue, trap, shoot, capture,
collect, or kill wildlife.
SEC. 104. RECREATIONAL HUNTING.
(a) In General.--Subject to valid existing rights, Federal public
land shall be open to access and use for recreational hunting except as
limited by--
(1) the agency head with jurisdiction over the Federal
public land--
(A) for reasons of national security;
(B) for reasons of public safety; or
(C) for any other reasons for closure authorized by
applicable Federal law; and
(2) any law (including regulations) of the State in which
the Federal public land is located that is applicable to
recreational hunting.
(b) Management.--Consistent with subsection (a), each agency head
shall manage Federal public land under the jurisdiction of the agency
head--
(1) in a manner that supports, promotes, and enhances
recreational hunting opportunities;
(2) to the extent authorized under State law (including
regulations); and
(3) in accordance with applicable Federal law (including
regulations).
(c) No Net Loss.--
(1) In general.--Federal public land management decisions
and actions should, to the maximum extent practicable, result
in no net loss of land area available for hunting opportunities
on Federal public land.
(2) Annual report.--Not later than October 1 of each year,
each agency head with authority to manage Federal public land
on which recreational hunting occurs shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes--
(A)(i) any Federal public land administered by the
agency head that was closed to recreational hunting at
any time during the preceding year; and
(ii) the reason for the closure; and
(B) areas administered by the agency head that were
opened to recreational hunting to compensate for the
closure of the areas described in subparagraph (A)(i).
(3) Closures of 5,000 or more acres.--The withdrawal,
change of classification, or change of management status that
effectively closes 5,000 or more acres of Federal public land
to access or use for recreational hunting shall take effect
only if, before the date of withdrawal or change, the agency
head that has jurisdiction over the Federal public land submits
to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
written notice of the withdrawal or change.
(d) Areas not Affected.--Nothing in this title compels the opening
to recreational hunting of national parks or national monuments under
the jurisdiction of the Secretary of the Interior.
(e) No Priority.--Nothing in this title requires a Federal agency
to give preference to hunting over other uses of Federal public land or
over land or water management priorities established by Federal law.
(f) Authority of the States.--
(1) Savings.--Nothing in this title affects the authority,
jurisdiction, or responsibility of a State to manage, control,
or regulate fish and wildlife under State law (including
regulations) on land or water in the State, including Federal
public land.
(2) Federal licenses.--Nothing in this title authorizes an
agency head to require a license or permit to hunt, fish, or
trap on land or water in a State, including on Federal public
land in the State.
(3) State right of action.--
(A) In general.--Any State aggrieved by the failure
of an agency head or employee to comply with this title
may bring a civil action in the United States District
Court for the district in which the failure occurs for
a permanent injunction.
(B) Preliminary injunction.--If the district court
determines, based on the facts, that a preliminary
injunction is appropriate, the district court may grant
a preliminary injunction.
(C) Court costs.--If the district court issues an
injunction under this paragraph or otherwise finds in
favor of the State, the district court shall award to
the State any reasonable costs of bringing the civil
action (including an attorney's fee).
TITLE II--FREEDOM TO FISH
SEC. 201. SHORT TITLE.
This title may be cited as the ``Freedom to Fish Act''.
SEC. 202. FINDINGS.
The Congress finds the following:
(1) Recreational fishing is traditionally the most popular
outdoor sport with more than 50,000,000 participants of all
ages, in all regions of the country.
(2) Recreational anglers makes a substantial contribution
to local, State, and national economies and infuse
$116,000,000,000 annually into the national economy.
(3) In the United States, more than 1,200,000 jobs are
related to recreational fishing, a number that is approximately
1 percent of the entire civilian workforce in the United
States. In communities that rely on seasonal tourism, the
expenditures of recreational anglers result in substantial
benefits to the local economies and small businesses in those
communities.
(4) Recreational anglers have long demonstrated a
conservation ethic. In addition to payment of Federal excise
taxes on fishing equipment, motorboats and fuel, as well as
license fees, recreational anglers contribute more than
$500,000,000 annually to State fisheries conservation
management programs and projects.
(5) It is a long-standing policy of the Federal Government
to allow public access to public lands and waters for
recreational purposes in a manner that is consistent with
principles of sound conservation. This policy is reflected in
the National Forest Management Act of 1976, the Wilderness Act,
the Wild and Scenic Rivers Act, and the National Parks and
Recreation Act of 1978.
(6) In most instances, recreational fishery resources can
be maintained without restricting public access to fishing
areas through a variety of management measures including take
limits, minimum size requirements, catch and release
requirements, gear adaptations, and closed seasons.
(7) A clear policy is required to demonstrate to
recreational anglers that recreational fishing can be managed
without unnecessarily prohibiting such fishing.
(8) A comprehensive policy on the implementation, use, and
monitoring of marine protected areas is required to maintain
the optimum balance between recreational fishing and sustaining
recreational fishery resources.
SEC. 203. POLICY.
It is the policy of the United States to promote sound conservation
of fishery resources by ensuring that--
(1) Federal regulations promote access to fishing areas by
recreational anglers to the maximum extent practicable;
(2) recreational anglers are actively involved in the
formulation of any regulatory procedure that contemplates
imposing restrictions on access to a fishing area; and
(3) limitations on access to fishing areas by recreational
anglers are not imposed unless such limitations are
scientifically necessary to provide for the conservation of a
fishery resource.
SEC. 204. LIMITATION ON CLOSURES UNDER MAGNUSON-STEVENS FISHERY
CONSERVATION AND MANAGEMENT ACT.
Section 303(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853(a)) is amended by striking ``and'' after
the semicolon at the end of paragraph (13), by striking the period at
the end of paragraph (14) and inserting ``; and'', and by adding at the
end the following:
``(15) not establish geographic areas where recreational
fishing is prohibited unless--
``(A) clear indication exists that recreational
fishing in such area is the cause of a specific
conservation problem in the fishery;
``(B) no alternative conservation measures related
to recreational fishing, such as gear restrictions,
quotas, or closed seasons will adequately provide for
conservation and management of the fishery;
``(C) the management plan--
``(i) provides for specific measurable
criteria to assess whether the prohibition
provides conservation benefits to the fishery;
and
``(ii) requires a periodic review to assess
the continued need for the prohibition not less
than once every 3 years;
``(D) the best available scientific information
supports the need to close the area to recreational
fishing; and
``(E) the prohibition is terminated as soon as the
condition in subparagraph (A) that was the basis of the
prohibition no longer exists.''. | Hunting Heritage and Fishing Preservation Act of 2004 - Hunting Heritage Protection Act - Requires that Federal public lands be open to access and use for recreational hunting with certain exceptions.
Directs the head of each relevant Federal agency to support, promote, and enhance recreational hunting opportunities. Declares that Federal land management decisions and actions should, to the extent practicable, result in no net loss of land area available for hunting opportunities on Federal public lands. Prohibits a withdrawal, change of classification, or change of management status that effectively closes 5,000 or more acres of Federal public land for use for recreational hunting from occurring unless the head of the Federal agency with authority to manage the land has submitted written notice of the action to specified congressional committees. Freedom to Fish Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require that any fishery management plan, which is prepared by any Council or by the Secretary of Commerce, not establish geographic areas where recreational fishing is prohibited unless: (1) clear indication exists that recreational fishing in such area is the cause of a specific conservation problem; (2) no alternative conservation measures will adequately provide for conservation and management of the fishery; (3) the management plan provides for specific measurable criteria to assess whether the prohibition provides conservation benefits to the fishery, and requires periodic review to assess the continued need for the prohibition; (4) the best available scientific information supports the need to close the area to recreational fishing; and (5) the prohibition is terminated as soon as the condition that was the basis of the prohibition no longer exists. | {"src": "billsum_train", "title": "To recognize the heritage of hunting and provide opportunities for continued hunting on Federal public land, to protect the public's ability to fish for sport, and for other purposes."} | 2,326 | 335 | 0.532294 | 1.460023 | 0.865449 | 4.691803 | 7.193443 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Financing to ISIL Act''.
SEC. 2. REPORT ON PERSONS THAT PROVIDE MATERIAL OR FINANCIAL SUPPORT TO
ISIL.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of the
Treasury and the Secretary of State shall jointly submit to the
appropriate congressional committees a report that contains the
following:
(1) An identification of each person that provides,
directly or indirectly, material or financial support to ISIL,
including purchasing oil or other materials that provide
funding for ISIL or other terrorist organizations operating in
the region.
(2) An identification of the country in which such person
is located and a description of actions taken by the Secretary
of the Treasury and the Secretary of State to notify the
government of such country that--
(A) such person is located in such country; and
(B) such person is providing material or financial
support to ISIL or other terrorist organizations
operating in the region.
(3) A description of actions taken by the government of
such country to restrict such person from providing material or
financial support to ISIL.
(b) Form.--The report required by subsection (a) may be submitted
in classified form to the extent necessary.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate.
SEC. 3. SUSPENSION OF MILITARY ASSISTANCE TO CERTAIN COUNTRIES.
(a) In General.--The President shall suspend the provision of
assistance described in subsection (b) to the government of a country
that is identified in the report submitted under section 2 if the
President determines that the government of such country has not taken
actions to restrict each person that is located in such country from
providing material or financial support to ISIL by not later than the
date that is 30 days after the date on which the Secretary of the
Treasury or the Secretary of State (as the case may be) has notified
the government of the country as described in section 2(a)(2).
(b) Assistance Described.--Assistance described in this subsection
is assistance under the following provisions of law:
(1) Section 21 of the Arms Export Control Act (22 U.S.C.
2761) (relating to Foreign Military Sales authorizations).
(2) Section 23 of the Arms Export Control Act (22 U.S.C.
2763) (relating to the Foreign Military Financing program).
(c) Notification.--The President shall submit to the Speaker of the
House of Representatives and the President pro tempore of the Senate a
notification of suspension of the provision of assistance described in
subsection (b) to the government of a country under subsection (a) and
the reasons therefor.
SEC. 4. TRANSACTIONS WITH COUNTRIES HARBORING PERSONS THAT PROVIDE
MATERIAL SUPPORT FOR TERRORIST ORGANIZATIONS.
Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et seq.)
is amended by adding at the end the following new section:
``SEC. 40B. TRANSACTIONS WITH COUNTRIES HARBORING PERSONS THAT PROVIDE
MATERIAL SUPPORT FOR TERRORIST ORGANIZATIONS.
``(a) In General.--Except to the extent inconsistent with the
purposes of this section, the prohibitions contained in subsections (a)
and (b) of section 40 of this Act shall apply in the case of a country
described in subsection (b) to the same extent and in the same manner
as such prohibitions apply in the case of a country described in
subsection (d) of such section.
``(b) Country Described.--
``(1) In general.--A country described in this subsection
is a country the government of which the Secretary of State
determines has knowledge of any persons that are located within
the territory of the country that provide material support for
terrorist organizations, including the selling of materials
that produce income for terrorist organizations.
``(2) Person defined.--In this paragraph, the term `person'
has the meaning given the term in section 5 of the End
Financing to ISIL Act.
``(c) Applicability of Other Provisions.--Except to the extent
inconsistent with the purposes of this section, the provisions of
subsections (e), (f), (g) (other than paragraph (2) of such
subsection), (h), (i), (j), (k), and (l) (other than paragraphs (1),
(4), and (5) of such subsection) of section 40 of this Act shall apply
with respect to the application of this section to the same extent and
in the same manner as such provisions apply with respect to the
application of such section 40.''.
SEC. 5. DEFINITIONS.
In this Act:
(1) ISIL.--The term ``ISIL'' means any terrorist
organization referred to as the Islamic State of Iraq and the
Levant, as well as any successor organization.
(2) Person.--
(A) In general.--The term ``person'' means--
(i) a natural person;
(ii) a corporation, business association,
partnership, society, trust, financial
institution, insurer, underwriter, guarantor,
and any other business organization, any other
nongovernmental entity, organization, or group,
and any governmental entity operating as a
business enterprise; and
(iii) any successor to any entity described
in clause (ii).
(B) Application to governmental entities.--The term
``person'' does not include a government or
governmental entity that is not operating as a business
enterprise. | End Financing to ISIL Act - Directs the Secretary of the Treasury and the Secretary of State to jointly submit to Congress an annual report that: identifies each person that provides material or financial support to the Islamic State of Iraq and the Levant, as well as any successor organization (ISIL), including purchasing oil or other materials that fund ISIL or other terrorist organizations in the region; identifies the country in which such person is located and describes actions taken by the Secretaries to notify the government of such country of these activities; and describes actions taken by the government of such country to restrict these activities. Directs the President to suspend foreign military sales and financing under the Arms Export Control Act to a listed country that has not taken actions to restrict persons in that country from providing material or financial support to ISIL. Amends the Arms Export Control Act to apply the same transaction prohibitions provided for by that Act against countries supporting acts of international terrorism to a country whose government has knowledge of persons within its territory that provide material support for terrorist organizations, including selling materials that produce income for such organizations. | {"src": "billsum_train", "title": "End Financing to ISIL Act"} | 1,331 | 233 | 0.691308 | 2.012774 | 0.875137 | 3.397196 | 5.61215 | 0.85514 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Correctional Health Act of
2003''.
SEC. 2. ESTABLISHMENT OF OFFICE OF CORRECTIONAL HEALTH.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end the following section:
``office of correctional health
``Sec. 1711. (a) In General.--There is established within the
Office of Public Health and Science an office to be known as the Office
of Correctional Health (in this section referred to as the `Office'),
which shall be headed by a director appointed by the Secretary. The
Secretary shall carry out this section acting through the Director of
the Office.
``(b) General Duties.--
``(1) In general.--The Secretary shall carry out public
health activities regarding individuals who are employees in
Federal, State, or local penal or correctional institutions or
who are incarcerated in such institutions (which activities
regarding such individuals are referred to in this section as
`correctional health activities', and which individuals are so
referred to collectively as `correctional populations').
Correctional health activities that may be carried out under
the preceding sentence include activities regarding disease
prevention, health promotion, service delivery, research, and
health professions education.
``(2) Certain types of institutions.--The types of penal or
correctional institutions with respect to which this section is
authorized to be carried out include facilities in which
individuals are held pending judicial proceedings (including
individuals who are minors), facilities in which individuals
are held pending administrative proceedings of the Immigration
and Naturalization Service, and facilities in which individuals
who are minors are held pursuant to judicial proceedings in
which such individuals are found, as minors, to have engaged in
violations of law.
``(c) Certain Activities.--In carrying out correctional health
activities under subsection (b), the Secretary shall--
``(1) coordinate all correctional health programs within
the Department of Health and Human Services;
``(2) provide technical support to State and local
correctional agencies on correctional health issues;
``(3) cooperate with other Federal agencies carrying out
correctional health programs to ensure coordination of such
programs;
``(4) consult with, and provide outreach to, State
directors of correctional health and providers of correctional
health care;
``(5) facilitate the exchange of information regarding
correctional health activities; and
``(6) facilitate collaboration between correctional
facilities and State and local health departments.
``(d) Grants Regarding Hepatitis.--
``(1) In general.--The Secretary, in consultation with the
Director of the Centers for Disease Control and Prevention, may
make grants to States for the purpose of providing for
correctional populations screenings, immunizations, and
treatment for hepatitis A, B, and C.
``(2) Discretion of grantee regarding scope of program.--A
State receiving a grant under paragraph (1) may expend the
grant for any or all of the activities authorized in such
paragraph.
``(3) Requirement of matching funds.--
``(A) In general.--With respect to the costs of the
program to be carried out under paragraph (1) by a
State, the Secretary may make a grant under such
paragraph only if the State agrees to make available
(directly or through donations from public or private
entities) non-Federal contributions toward such costs
in an amount not less than 20 percent of such costs ($1
for each $4 of Federal funds provided in the grant).
``(B) Determination of amount contributed.--Non-
Federal contributions required in subparagraph (A) may
be in cash or in kind, fairly evaluated, including
plant, equipment, or services. 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.
``(4) Certain expenditures of grant.--The Secretary may
make a grant under paragraph (1) only if, with respect to the
activities to be carried out with the grant pursuant to
paragraph (2), the State agrees that a portion of the grant
will be expended to carry out such activities at penal or
correctional institutions that are not facilities in which
individuals serve terms of imprisonment, including facilities
in which individuals are held pending judicial proceedings.
``(e) Annual Report.--The Secretary shall annually submit to the
Congress a report describing the correctional health activities carried
out under this section. The report shall include a description of the
status of correctional health activities in the United States.
``(f) Rule of Construction Regarding Agency Jurisdiction.--With
respect to correctional health programs that are carried out by
agencies of the Public Health Service and were in operation as of the
day before the date of the enactment of the Office of Correctional
Health Act of 2003, this section may not be construed as requiring the
Secretary to transfer jurisdiction for the programs from such agencies
to the office established in subsection (a).
``(g) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, other than subsection (d), there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2004 through 2008.
``(2) Grants regarding hepatitis.--For the purpose of
carrying out subsection (d), there are authorized to be
appropriated $15,000,000 for each of the fiscal years 2004
through 2006, and $5,000,000 for each of the fiscal years 2007
and 2008.''. | Office of Correctional Health Act of 2003 - Amends the Public Health Service Act to establish within the Office of Public Health and Science of the Public Health Service the Office of Correctional Health. Requires the Office to carry out public health activities for employees in Federal, State, or local penal or correctional institutions or for persons incarcerated in such institutions (collectively referred to as correctional populations). Includes among such activities disease prevention, health promotion, service delivery, research, and health professions education activities.Authorizes the Secretary to make grants to States to provide for correctional populations screenings, immunizations, and treatment for hepatitis A, B, and C. Sets forth a matching requirement for such grants. Requires a portion of each grant to be expended to carry out such activities at penal or correctional facilities that are not facilities in which individuals serve terms of imprisonment, including remand facilities. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish an Office of Correctional Health."} | 1,242 | 206 | 0.641859 | 1.743313 | 0.966539 | 4.945455 | 7.066667 | 0.933333 |
short title
Section 1. This Act may be cited as the ``Information Dissemination
and Research Accountability Act''.
findings and purpose
Sec. 2. (a) The Congress finds that--
(1) the Federal Government must, for the public good, bear
the responsibility for making the results of biomedical
research readily and economically accessible in a form that
maximizes its usefulness to the research community, reviewers
of research proposals, and other individuals involved in the
Federal funding of research proposals;
(2) with the present inefficient system of storage and
dissemination of biomedical information, most biomedical
researchers and Federal agencies cannot readily and
economically obtain the full-text results, current and
archival, of research that has been or is being performed;
(3) the inability of the research community to obtain full-
text results of such research promotes duplicative research;
(4) overwhelming numbers of laboratory animals are used in
duplicative research because of the research community's
inability to determine what research has been performed;
(5) because of a lack of funding, the National Library of
Medicine of the Department of Health and Human Services has not
met the needs of the biomedical research community;
(6) the failure of the Federal Government to fund
adequately the National Library of Medicine has resulted in the
Library's inability to support effectively the creation of new
information for use in teaching and demonstrations, including
audiovisual aids and computer graphics;
(7) the failure of the Federal Government to support
adequately the storage and dissemination of full-text
biomedical information has been devastating to the Nation's
medical libraries, forcing them to terminate the acquisition of
costly printed material;
(8) the amount of biomedical information is so vast and is
increasing at such a rate that traditional methods of
information storage and dissemination are no longer efficient
or effective;
(9) modern technology, including optical videodiscs, can be
used for storage of whole libraries of full-text biomedical
information in a relatively small space;
(10) these modern technologies are easily and economically
reproducible for distribution to all of the Nation's medical
libraries for the immediate use of the scientific community;
and
(11) the benefits of developing a modern, efficient, and
economical full-text biomedical information storage and
dissemination system are--
(A) the advancement of scientific knowledge;
(B) the savings to the taxpayers by preventing
duplicative research; and
(C) the sparing of millions of laboratory animals
from suffering, fear, and death in duplicative
research.
(b) The purposes of this Act are to--
(1) establish a National Center for Research
Accountability;
(2) provide for a comprehensive, full-text literature
search before the approval of Federal funding for any research
proposal involving the use of live animals;
(3) prevent duplicative experimentation or testing on live
animals;
(4) promote the advancement and use of modern technologies
with respect to the storage and dissemination of biomedical
information;
(5) provide, through grants, awards, and stipends, for
training of additional biomedical information specialists in
such modern technologies;
(6) make available at a reasonable cost the full-text
results of biomedical research, current and archival, to the
Nation's medical libraries for use by the scientific community;
and
(7) promote the creation and use of modern technologies,
including audiovisual aids and computer graphics, for teaching
and demonstrations.
the national center for research accountability
Sec. 3. (a)(1) In order to create an independent center to assist
in eliminating duplication of effort in Federal research proposals
involving live animals, there is hereby established a National Center
for Research Accountability.
(2) Such Center shall be located at the National Library of
Medicine and utilize the facilities of the Library in accordance with
subsection (d).
(b)(1) The President shall appoint twenty persons to serve as
members of the Center and carry out the responsibilities of the Center
as described in subsection (f). The terms of such appointments shall be
for a period of time which the President determines is necessary to
assure that the members will serve long enough to provide adequate
continuity of effort within the Center but also provide for periodic
appointment of new persons as members.
(2) Such appointments shall be made without regard to political
affiliation and solely on the basis of demonstrated ability to carry
out the responsibilities of the Center.
(3) A person appointed to the Center may be removed only by the
President.
(4) Such persons shall be experts in the biomedical information
sciences and, at the time of such appointment, be employed by a Federal
agency in a capacity which qualifies them to make determinations with
respect to whether research proposals involving live animals are
duplicative of other research efforts. In making such appointments, the
President shall, to the extent practicable, appoint representatives
from each Federal agency which funds research on live animals.
(5) Such persons shall perform their duties at the Center on a
full-time basis and, while performing such duties, shall be considered
to be employees of the Federal agencies which employed them at the time
of their appointment to the Center.
(c)(1) The President shall appoint as the Director of the Center a
qualified biomedical information science expert who, at the time of
such appointment, serves in an administrative position as a Federal
employee.
(2) Such person shall perform his or her duties on a full-time
basis, and while performing such duties, shall be considered to be an
employee of the Federal agency which employed him or her at the time of
the appointment to the Center.
(3) Such appointment shall be made for a term established by the
President and shall be made without regard to political affiliation and
solely on the basis of demonstrated ability to serve as a chief
administrative officer.
(4) The Director may be removed only by the President.
(5) The Director may, to the extent approved by the President and
in appropriation Acts, appoint a clerical staff, or to the extent
approved by the President after consultation with the Secretary of
Health and Human Services, the Director may utilize the clerical staff
of the National Library of Medicine.
(d) The President shall, after consultation with the Secretary of
Health and Human Services, provide for adequate office space for the
Center within the facilities of the National Library of Medicine and,
to the extent approved in appropriation Acts, provide for such
equipment, office supplies, and communications facilities and services
as may be necessary for the operation of the Center.
(e)(1) No Federal agency may carry out or fund any research
proposal involving live animals unless the proposal is submitted to the
Center in accordance with paragraph (2).
(2) Following approval by a Federal agency of a research proposal
involving live animals, but prior to the agency's carrying out or
making a commitment to award funding for such proposal, such proposal
shall be submitted by the agency to the Center to ascertain whether
such proposal is essentially duplicative of other research completed or
in process.
(f) If the members of the Center determine, in accordance with
guidelines prescribed by the President, that such proposal is
essentially duplicative of other research completed or in process, no
Federal funding may be utilized with respect to such project.
(g) To assist in carrying out its responsibilities for conducting
comprehensive full-text literature searches, as it makes determinations
under subsection (f), the Center may, to the extent approved in
appropriation Acts, award contracts to private entities. The President
shall establish rules for the purpose of precluding any conflict of
interest with respect to the awarding of such contracts.
(h) The President may appoint persons to serve, without
compensation, as advisors to the members of the Center.
(i) The Center shall transmit an annual report to the President and
to both Houses of the Congress summarizing action it has taken in
fulfilling its responsibilities under this Act.
modernization of biomedical information storage and dissemination by
the national library of medicine
Sec. 4. (a) The National Library of Medicine shall, to the extent
of funds appropriated for such purposes--
(1) acquire, in full-text form, all biomedical information
owned by each Federal agency or available for use by Federal
agencies, except information which is already in the Library or
which is classified for reasons of national security;
(2) transcribe and store, in full-text form, all such
biomedical information acquired by the Library after January 1,
1960;
(3) using modern technologies, make available, upon request
and at cost, to medical libraries all full-text biomedical
information in its collection;
(4) support, by grants and contracts, the creation of new
information for teaching and demonstrations, including
audiovisual aids and computer graphics technologies;
(5) make available, upon request and at cost, such new
teaching and demonstration information to research and teaching
institutions for the use of the scientific community; and
(6) increase the number of persons trained in modern
methods of biomedical information storage and dissemination
technologies by making available stipends, awards, and grants
to persons engaged in such training.
(b) For purposes of paragraphs (3) and (5) of subsection (a), the
term ``cost'' shall mean an amount which is established by the
Secretary of Health and Human Services in order to assure that the
Federal Government is reimbursed for expenses incurred in acquiring and
making available the information supplied pursuant to those paragraphs.
(c) To assist in fulfilling its responsibilities, the Library may,
to the extent approved in appropriation Acts, award contracts to the
private-sector data recording industry to improve--
(1) the development of modern information technologies used
for storage and dissemination of full-text biomedical
information; and
(2) the dissemination of full-text biomedical information
to medical libraries for the use of the research community.
(d) The Secretary of Health and Human Services may appoint persons
to serve, without compensation, as advisers to the Library in carrying
out this section.
(e) The Library shall transmit an annual report to the Congress
summarizing the progress it has made in carrying out the provisions of
this Act and providing a statement and analysis of action to be taken
by the Library during the year following such report.
definitions
Sec. 5. For the purposes of this Act--
(1) the term ``animal'' means any nonhuman, vertebrate
animal, whether warm-blooded, or coldblooded;
(2) the term ``agency'' has the same meaning given such
term in section 551 of title 5, United States Code;
(3) the term ``Center'' means the National Center for
Research Accountability established by section 3(a);
(4) the term ``Library'' means the National Library of
Medicine; and
(5) the term ``research proposal'' means any proposal
utilizing a scientific method of inquiry or examination in
seeking or establishing facts and principles.
authorization of appropriations
Sec. 6. There are authorized to be appropriated for fiscal years
beginning after September 30, 1993, such sums as may be necessary for
the purpose of carrying out this Act. | Information Dissemination and Research Accountability Act - Establishes in the National Library of Medicine a National Center for Research Accountability to assist in eliminating duplication of effort in Federal research proposals involving live animals. Requires referral of all such proposals to the Center for approval prior to funding.
Provides for the modernization of biomedical information storage and dissemination by the National Library of Medicine. | {"src": "billsum_train", "title": "Information Dissemination and Research Accountability Act"} | 2,318 | 86 | 0.448009 | 1.156101 | 0.954374 | 4.028986 | 33.985507 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm and Ranch Risk Management
Act''.
SEC. 2. FARM AND RANCH RISK MANAGEMENT ACCOUNTS.
(a) In General.--Subpart C of part II of subchapter E of chapter 1
of the Internal Revenue Code of 1986 (relating to taxable year for
which deductions taken) is amended by inserting after section 468B the
following:
``SEC. 468C. FARM AND RANCH RISK MANAGEMENT ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual engaged in
an eligible farming business or commercial fishing, there shall be
allowed as a deduction for any taxable year the amount paid in cash by
the taxpayer during the taxable year to a Farm and Ranch Risk
Management Account (hereinafter referred to as the `FARRM Account').
``(b) Limitation.--
``(1) Contributions.--The amount which a taxpayer may pay
into the FARRM Account for any taxable year shall not exceed 20
percent of so much of the taxable income of the taxpayer
(determined without regard to this section) which is
attributable (determined in the manner applicable under section
1301) to any eligible farming business or commercial fishing.
``(2) Distributions.--Distributions from a FARRM Account
may not be used to purchase, lease, or finance any new fishing
vessel, add capacity to any fishery, or otherwise contribute to
the overcapitalization of any fishery. The Secretary of
Commerce shall implement regulations to enforce this paragraph.
``(c) Eligible Businesses.--For purposes of this section--
``(1) Eligible farming business.--The term `eligible
farming business' means any farming business (as defined in
section 263A(e)(4)) which is not a passive activity (within the
meaning of section 469(c)) of the taxpayer.
``(2) Commercial fishing.--The term `commercial fishing'
has the meaning given such term by section (3) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1802) but only if such fishing is not a passive activity
(within the meaning of section 469(c)) of the taxpayer.
``(d) FARRM Account.--For purposes of this section--
``(1) In general.--The term `FARRM Account' means a trust
created or organized in the United States for the exclusive
benefit of the taxpayer, but only if the written governing
instrument creating the trust meets the following requirements:
``(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deduction under subsection (a) for such year.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) The assets of the trust consist entirely of
cash or of obligations which have adequate stated
interest (as defined in section 1274(c)(2)) and which
pay such interest not less often than annually.
``(D) All income of the trust is distributed
currently to the grantor.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Account taxed as grantor trust.--The grantor of a
FARRM Account shall be treated for purposes of this title as
the owner of such Account and shall be subject to tax thereon
in accordance with subpart E of part I of subchapter J of this
chapter (relating to grantors and others treated as substantial
owners).
``(e) Inclusion of Amounts Distributed.--
``(1) In general.--Except as provided in paragraph (2),
there shall be includible in the gross income of the taxpayer
for any taxable year--
``(A) any amount distributed from a FARRM Account
of the taxpayer during such taxable year, and
``(B) any deemed distribution under--
``(i) subsection (f)(1) (relating to
deposits not distributed within 5 years),
``(ii) subsection (f)(2) (relating to
cessation in eligible farming business), and
``(iii) subparagraph (A) or (B) of
subsection (f)(3) (relating to prohibited
transactions and pledging account as security).
``(2) Exceptions.--Paragraph (1)(A) shall not apply to--
``(A) any distribution to the extent attributable
to income of the Account, and
``(B) the distribution of any contribution paid
during a taxable year to a FARRM Account to the extent
that such contribution exceeds the limitation
applicable under subsection (b) if requirements similar
to the requirements of section 408(d)(4) are met.
For purposes of subparagraph (A), distributions shall be
treated as first attributable to income and then to other
amounts.
``(f) Special Rules.--
``(1) Tax on deposits in account which are not distributed
within 5 years.--
``(A) In general.--If, at the close of any taxable
year, there is a nonqualified balance in any FARRM
Account--
``(i) there shall be deemed distributed
from such Account during such taxable year an
amount equal to such balance, and
``(ii) the taxpayer's tax imposed by this
chapter for such taxable year shall be
increased by 10 percent of such deemed
distribution.
The preceding sentence shall not apply if an amount
equal to such nonqualified balance is distributed from
such Account to the taxpayer before the due date
(including extensions) for filing the return of tax
imposed by this chapter for such year (or, if earlier,
the date the taxpayer files such return for such year).
``(B) Nonqualified balance.--For purposes of
subparagraph (A), the term `nonqualified balance' means
any balance in the Account on the last day of the
taxable year which is attributable to amounts deposited
in such Account before the 4th preceding taxable year.
``(C) Ordering rule.--For purposes of this
paragraph, distributions from a FARRM Account (other
than distributions of current income) shall be treated
as made from deposits in the order in which such
deposits were made, beginning with the earliest
deposits.
``(2) Cessation in eligible business.--At the close of the
first disqualification period after a period for which the
taxpayer was engaged in an eligible farming business or
commercial fishing, there shall be deemed distributed from the
FARRM Account of the taxpayer an amount equal to the balance in
such Account (if any) at the close of such disqualification
period. For purposes of the preceding sentence, the term
`disqualification period' means any period of 2 consecutive
taxable years for which the taxpayer is not engaged in an
eligible farming business or commercial fishing.
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 220(f)(8) (relating to treatment on
death).
``(B) Section 408(e)(2) (relating to loss of
exemption of account where individual engages in
prohibited transaction).
``(C) Section 408(e)(4) (relating to effect of
pledging account as security).
``(D) Section 408(g) (relating to community
property laws).
``(E) Section 408(h) (relating to custodial
accounts).
``(4) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to a
FARRM Account on the last day of a taxable year if such payment
is made on account of such taxable year and is made on or
before the due date (without regard to extensions) for filing
the return of tax for such taxable year.
``(5) Individual.--For purposes of this section, the term
`individual' shall not include an estate or trust.
``(6) Deduction not allowed for self-employment tax.--The
deduction allowable by reason of subsection (a) shall not be
taken into account in determining an individual's net earnings
from self-employment (within the meaning of section 1402(a))
for purposes of chapter 2.
``(g) Reports.--The trustee of a FARRM Account shall make such
reports regarding such Account to the Secretary and to the person for
whose benefit the Account is maintained with respect to contributions,
distributions, and such other matters as the Secretary may require
under regulations. The reports required by this subsection shall be
filed at such time and in such manner and furnished to such persons at
such time and in such manner as may be required by such regulations.''.
(b) Tax on Excess Contributions.--
(1) Subsection (a) of section 4973 of such Code (relating
to tax on excess contributions to certain tax-favored accounts
and annuities) is amended by striking ``or'' at the end of
paragraph (3), by redesignating paragraph (4) as paragraph (5),
and by inserting after paragraph (3) the following:
``(4) a FARRM Account (within the meaning of section
468C(d)), or''.
(2) Section 4973 of such Code is amended by adding at the
end the following:
``(g) Excess Contributions to FARRM Accounts.--For purposes of this
section, in the case of a FARRM Account (within the meaning of section
468C(d)), the term `excess contributions' means the amount by which the
amount contributed for the taxable year to the Account exceeds the
amount which may be contributed to the Account under section 468C(b)
for such taxable year. For purposes of this subsection, any
contribution which is distributed out of the FARRM Account in a
distribution to which section 468C(e)(2)(B) applies shall be treated as
an amount not contributed.''.
(3) The section heading for section 4973 of such Code is
amended to read as follows:
``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES,
ETC.''.
(4) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4973 and
inserting the following:
``Sec. 4973. Excess contributions to
certain accounts, annuities,
etc.''.
(c) Tax on Prohibited Transactions.--
(1) Subsection (c) of section 4975 of such Code (relating
to tax on prohibited transactions) is amended by adding at the
end the following:
``(6) Special rule for farrm accounts.--A person for whose
benefit a FARRM Account (within the meaning of section 468C(d))
is established shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if, with
respect to such transaction, the account ceases to be a FARRM
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:
``(E) a FARRM Account described in section
468C(d),''.
(d) Failure To Provide Reports on FARRM 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:
``(C) section 468C(g) (relating to FARRM
Accounts),''.
(e) Clerical Amendment.--The table of sections for subpart C of
part II of subchapter E of chapter 1 of such Code is amended by
inserting after the item relating to section 468B the following:
``Sec. 468C. Farm and Ranch Risk
Management 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. | Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual engaged in an eligible farming or commercial fishing business a deduction for any taxable year of up to 20 percent of taxable income attributable to the eligible farming or commercial fishing business which was paid in cash by the taxpayer to a Farm and Ranch Risk Management Account (FARRM Account).Includes distributions from a FARRM account in the taxpayer's gross income, and subjects to a special ten percent surtax any distributions not made within five years of contribution. Establishes a tax on excess contributions, but exempts the taxpayer from the tax on certain prohibited transactions. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for Farm and Ranch Risk Management Accounts, and for other purposes."} | 2,860 | 146 | 0.611622 | 1.66517 | 0.752301 | 2.672414 | 21.741379 | 0.913793 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USEC Privatization Amendments Act of
2009''.
SEC. 2. AUTHORIZATION AND DETERMINATION OF BENEFITS FOR AFFECTED
PARTICIPANTS.
(a) Authorization for Payment to Affected Participants.--To the
extent provided in advance in appropriations Acts, the Secretary of
Energy (referred to in this Act as the ``Secretary'')--
(1) shall establish a program under which the Secretary
shall pay any affected participant described in subsection (b)
a one-time lump sum payment in an amount to be determined by
the Secretary under subsection (c); and
(2) may contract for the procurement of information
necessary to enable the Secretary to effectively carry out the
provisions of this Act.
(b) Affected Participant.--For the purposes of this Act, an
affected participant is a person described under section 3110(a)(6)(B)
of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(6)(B)).
(c) Determination of Payment for Affected Participants.--
(1) In general.--The Secretary shall pay an affected
participant, pursuant to an application timely filed by such
participant, a one-time lump sum payment equal to an amount
which bears the same ratio to the total recoverable amount
described in paragraph (2) as the actuarial present value of
the accrued benefits of the affected participant under the
pension plan from which a transfer of plan assets and
liabilities required under section 3110(a)(2) of the USEC
Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made (as of
immediately before the transfer) bears to the actuarial present
value of the accrued benefits of all affected participants
under the pension plan from which the transfer under such
section was made (as of immediately before the transfer).
(2) Total recoverable amount.--For purposes of this
subsection, the total recoverable amount is an amount equal to
the excess of--
(A) the present value of benefits that would have
been accrued or accruable by all affected participants
under the pension plan from which the transfer under
section 3110(a)(2) of the USEC Privatization Act (42
U.S.C. 2297h-8(a)(2)) was made if such transfer had not
occurred and if benefit increases had occurred, in
connection with the transferred liabilities, under such
plan equivalent to benefit increases that have occurred
under such plan in connection with the other
liabilities under such plan, over
(B) the present value of benefits accrued or
accruable by all such affected participants under the
pension plan to which the transfer under section
3110(a)(2) of the USEC Privatization Act (42 U.S.C.
2297h-8(a)(2)) was made.
(3) Considerations.--In determining a payment under this
section, the Secretary shall consider, with respect to the
pension plan from which the transfer under section 3110(a)(2)
of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was
made and the pension plan to which such transfer was made,
benefits accrued as of the date of enactment of this Act and
accruable through attainment of normal retirement age, assuming
continued service under the plan until attainment of such age
and the same rate of basic pay subject to increases reflective
of reasonably anticipated increases in the cost of living.
(4) Successor plans.--For the purposes of paragraphs (2)
and (3), any reference to the pension plan from which the
transfer under section 3110(a)(2) of the USEC Privatization Act
(42 U.S.C. 2297h-8(a)(2)) was made shall include a reference to
any successor to such plan (other than the pension plan to
which the transfer required by such section was made) if such
successor plan received assets in excess of the actuarial
present value of accrued benefits under such plan upon
succession.
(d) Pro Rata Reduction of Payment.--The Secretary shall provide for
pro rata reductions in payment amounts determined by the Secretary
under subsection (c) to affected participants described in subsection
(b) to the extent necessary to adjust for amounts provided in
appropriation Acts for purposes of the program under subsection (a).
(e) Determination of Findings of Fact.--The Secretary may make
findings of facts and decisions as to the rights of any affected
participant applying for a payment under this Act.
(f) Rulemaking.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall issue regulations to carry out this
Act. Such regulations shall provide a requirement for applicants for
payments under this Act to consent to the release of any information
requested by the Secretary.
(g) Public Notice.--To the extent practicable, the Secretary shall
provide notice to individuals who may be eligible to receive a payment
under this Act.
(h) Application for Payment.--To be eligible for a payment under
this Act, an affected participant shall prepare and submit to the
Secretary an application--
(1) not later than 240 days after the date of enactment of
this Act;
(2) in such manner; and
(3) containing such information as the Secretary requires.
(i) Timely Payments.--To the extent practicable, the Secretary
shall determine and make a payment to an affected participant not later
than 180 days after such participant's submission of an application for
payment under subsection (h).
(j) Election To Treat Payment as Rollover Contribution to IRA.--
(1) In general.--Any affected participant who receives a
payment under this Act may, at any time during the 1-year
period beginning on the day after the date on which such
payment was received, make one or more contributions in an
aggregate amount not to exceed the amount of such payment to an
individual retirement plan (as defined by section 7701(a)(37)
of the Internal Revenue Code of 1986).
(2) Treatment of contributions to iras.--For purposes of
the Internal Revenue Code of 1986, if a contribution is made to
an individual retirement plan pursuant to paragraph (1), then--
(A) except as provided in paragraph (3), such
contribution shall not be included in gross income, and
(B) to the extent of the amount of such
contribution, such contribution shall be treated--
(i) as a distribution described in section
408(d)(3) of such Code, and
(ii) as having been transferred to the
individual retirement account in a direct
trustee to trustee transfer within 60 days of
the distribution.
(3) Special rule for roth iras.--If a contribution is made
under paragraph (1) to a Roth IRA, such contribution shall be
includible in gross income and, unless the taxpayer elects not
to have this clause apply, such contribution shall be so
included ratably over the 2-taxable-year period beginning with
the first taxable year in which such contribution is made.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such amounts as necessary to carry out
this Act.
(l) Hearing and Judicial Review.--
(1) Hearing.--
(A) In general.--Upon request by any affected
participant applying for a payment under this Act, who
makes a showing in writing that such participant's
rights may have been prejudiced by any decision the
Secretary has rendered, the Secretary shall give such
participant reasonable notice and opportunity for a
hearing with respect to such decision, and, if a
hearing is held, shall, on the basis of evidence
adduced at the hearing, affirm, modify, or reverse the
Secretary's findings of fact and such decision.
(B) Request for hearing.--Any request for a hearing
under this subsection must be filed within 60 days
after notice of a decision by the Secretary is received
by the affected participant making such a request.
(C) Secretary.--The Secretary is further
authorized, on the Secretary's own motion, to hold such
hearings and to conduct such investigations and other
proceedings as the Secretary may deem necessary or
proper for the administration of this Act.
(2) Judicial review.--
(A) In general.--Any affected participant, after
any final decision of the Secretary made after a
hearing to which such participant was a party,
irrespective of the amount in controversy, may obtain a
review of such decision by a civil action commenced
within 60 days after the mailing to such participant of
notice of such decision or within such further time as
the Secretary may allow.
(B) Jurisdiction and venue.--An action under this
Act shall be brought in the district court of the
United States for the judicial district in which the
affected participant plaintiff resides, or where such
plaintiff has a principal place of business, or, if
such plaintiff does not reside or have a principal
place of business within any such judicial district, in
the United States District Court for the District of
Columbia.
(C) Judicial determination.--The court shall have
power to enter, upon the pleadings and transcript of
the record, a judgment affirming, modifying, or
reversing the decision of the Secretary, with or
without remanding the cause for a rehearing.
(D) Final judgment.--The judgment of the court
shall be final, except that it shall be subject to
review in the same manner as a judgment in other civil
actions.
(E) Change in secretary.--Any action instituted in
accordance with this Act shall survive notwithstanding
any change in the person occupying the office of
Secretary or any vacancy in such office.
(m) Secretary's Responsibility; No Third Party Liability.--
(1) Secretary's responsibility.--The Secretary shall be
responsible for all payments and costs under this Act, for
reporting payments to affected participants and the Internal
Revenue Service on Form number 1099R (or such other form as
required by the Internal Revenue Service) for income tax
purposes, and for answering questions relating to the
implementation of this Act for affected participants and
applicants for payment. In no event shall the current or former
employer of an affected participant or applicant be responsible
for providing communication, making payments, reporting
payments, answering questions, or providing calculations.
(2) No third party liability.--Nothing in this Act shall be
deemed to impose any liability or cost, or authorize any claim
against the operator of the Department of Energy's uranium
enrichment facility in Paducah, Kentucky, or against any person
or entity other than the Secretary. | USEC Privatization Amendments Act of 2009 - Directs the Secretary of Energy to establish a program for paying certain affected participants a one-time lump sum payment.
Defines affected participants as persons who retired from active employment at one of the gaseous diffusion plants of the United States Enrichment Corporation (USEC), or are employed by USEC's operating contractor, on or before its privatization date as vested participants in a pension plan maintained either by USEC's operating contractor or by a contractor employed prior to July 1, 1993, by the Department of Energy to operate a gaseous diffusion plant.
Prescribes a formula for the determination of such payments, based on the total recoverable amount of accrued pension benefits.
Authorizes any affected participant who receives such a payment to make one or more rollover contributions up to the payment amount to a regular (non-Roth) individual retirement account (IRA), which shall be excluded from gross income for tax purposes under the Internal Revenue Code. Includes in gross income any such rollover into a Roth IRA. | {"src": "billsum_train", "title": "A bill to amend the USEC Privatization Act to authorize the Secretary of Energy to pay affected participants under a pension plan referred to in the USEC Privatization Act for benefit increases not received."} | 2,316 | 237 | 0.562731 | 1.705624 | 0.756774 | 1.741117 | 10.482234 | 0.796954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency in Phone Solicitation
Act of 2015'' or the ``TIPS Act of 2015''.
SEC. 2. TECHNICAL AND PROCEDURAL STANDARDS.
(a) In General.--Section 227(d) of the Communications Act of 1934
(47 U.S.C. 227(d)) is amended--
(1) in paragraph (1)(A), by inserting ``or to make any live
telephone solicitation'' after ``automatic telephone dialing
system'' the second place it appears;
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``or address'' and
inserting ``and address''; and
(ii) by striking ``; and'' and inserting
``and the address of a website that the called
party may use to indicate that such party does
not wish to receive telephone calls from such
business, other entity, or individual;'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) any such system will, to the extent possible,
transmit caller identification information (as defined
in subsection (e)(8)) that includes--
``(i) the identity of the business, other
entity, or individual initiating the call; and
``(ii) a telephone number that the called
party may use to return the call directly to
such business, other entity, or individual;
and''; and
(3) by adding at the end the following:
``(4) Live telephone solicitations.--
``(A) In general.--The Commission shall prescribe
technical and procedural standards for any business,
other entity, or individual that makes a live telephone
solicitation. Such standards shall require that--
``(i) all such solicitations shall--
``(I) at the beginning of the call,
state clearly the identity of the
business, other entity, or individual
making the solicitation; and
``(II) during the call, state
clearly the telephone number and
address of such business, other entity,
or individual and the address of a
website that the called party may use
to indicate that such party does not
wish to receive telephone solicitations
from such business, other entity, or
individual;
``(ii) the business, other entity, or
individual making the solicitation shall, to
the extent possible, transmit caller
identification information (as defined in
subsection (e)(8)) that includes--
``(I) the identity of such
business, other entity, or individual;
and
``(II) a telephone number that the
called party may use to return the call
directly to such business, other
entity, or individual; and
``(iii) the business, other entity, or
individual making the solicitation shall
release the called party's line within 5
seconds of the time notification is transmitted
to such business, other entity, or individual
that the called party has hung up, to allow the
called party's line to be used to make or
receive other calls.
``(B) Live telephone solicitation defined.--In this
paragraph, the term `live telephone solicitation' means
a telephone solicitation--
``(i) in which the business, other entity,
or individual initiating the call does not
employ an artificial or prerecorded voice; and
``(ii) with respect to which such business,
other entity, or individual does not have a
personal relationship (as defined in section
64.1200(f) of title 47, Code of Federal
Regulations) with the called party.''.
(b) Deadline for Regulations.--Not later than 180 days after the
date of the enactment of this Act, the Federal Communications
Commission shall promulgate such regulations and make such revisions to
its regulations as may be necessary to implement the amendments made by
subsection (a). | Transparency in Phone Solicitation Act of 2015 or the TIPS Act of 2015 Amends the Communications Act of 1934 to prohibit businesses, entities, or individuals from making live telephone solicitations unless the solicitor: (1) states the solicitor's identity, telephone number, and address; (2) states the address of a website that the called party may use to indicate that such party does not wish to receive calls from that solicitor; (3) transmits caller identification information, including a telephone number that the called party may use to return the call directly to such solicitor; and (4) releases the called party's line within five seconds after being notified that the called party has hung up to allow the called party to make or receive other calls. Revises standards applicable to telephone transmissions of artificial or prerecorded voice messages to add comparable procedures requiring any such messages to: (1) state the telephone number and address (currently, telephone number or address) of the calling entity, (2) state the address of a website that the called party may use to indicate that such party does not wish to receive calls from that entity, and (3) transmit caller identification information. Retains the current law requirement that artificial or prerecorded messages must release the line within five seconds after the called party has hung up. | {"src": "billsum_train", "title": "TIPS Act of 2015"} | 887 | 274 | 0.610608 | 1.907188 | 0.885332 | 3.543651 | 3.297619 | 0.853175 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Hospital Outpatient Reform
Act of 1997''.
SEC. 2. ELIMINATION OF FORMULA-DRIVEN OVERPAYMENTS FOR CERTAIN
OUTPATIENT HOSPITAL SERVICES.
(a) Ambulatory Surgical Center Procedures.--Section
1833(i)(3)(B)(i)(II) of the Social Security Act (42 U.S.C.
1395l(i)(3)(B)(i)(II)) is amended--
(1) by striking ``of 80 percent''; and
(2) by striking the period at the end and inserting the
following: ``, less the amount a provider may charge as
described in clause (ii) of section 1866(a)(2)(A).''.
(b) Radiology Services and Diagnostic Procedures.--Section
1833(n)(1)(B)(i)(II) of such Act (42 U.S.C. 1395l(n)(1)(B)(i)(II)) is
amended--
(1) by striking ``of 80 percent''; and
(2) by striking the period at the end and inserting the
following: ``, less the amount a provider may charge as
described in clause (ii) of section 1866(a)(2)(A).''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished during portions of cost reporting periods
occurring on or after January 1, 1998.
SEC. 3. PROSPECTIVE PAYMENT FOR HOSPITAL OUTPATIENT DEPARTMENT
SERVICES.
(a) In General.--Section 1833 of the Social Security Act (42 U.S.C.
1395l) is amended by adding at the end the following:
``(t) Prospective Payment System for Hospital Outpatient Department
Services.--
``(1) In general.--Notwithstanding any other provision of
this title, with respect to hospital outpatient services
designated by the Secretary and furnished during years
beginning with January 1, 1998, the amount of payment made for
the services determined under this part shall be determined
under a prospective payment system established by the Secretary
in accordance with this subsection.
``(2) System requirements.--Under the system established by
the Secretary under this subsection, the Secretary shall--
``(A) develop a classification system to reflect
the hospital outpatient services furnished under this
part;
``(B) establish groups of procedures and visits so
that procedures and visits within each group are
comparable clinically and with respect to the use of
resources;
``(C) using data from the most recent year
available, establish relative payment weights for
groups based on median hospital costs and shall
determine the frequency of utilization of each group;
``(D) adjust the proportion, (as estimated by the
Secretary from time to time) of hospitals' costs which
are attributable to wages and wage-related costs, of
the fee schedule amounts applied under paragraph (3)
for area differences in hospital wage levels by the
factor (established by the Secretary under section
1886(d)(3)(E)) reflecting the relative hospital wage
level in the geographic classification area of the
hospital compared to the national average hospital wage
level;
``(E) establish other adjustments as determined to
be necessary to ensure equitable payments, and
establish a reduced payment for the performance of
multiple procedures where the marginal cost of
providing a second procedure during a single visit may
be less than the individual cost of both procedures
combined; and
``(F) identify and implement methodologies to
control for unnecessary increases in the volume of the
services subject to payment under this section, and
report to Congress on such methodologies before January
1, 1999.
``(3) Medicare payment amount.--Subject to the deductible
under section 1833(b), the amount of payment made under this
part for outpatient department services classified within a
group and provided in any year shall be equal to 80 percent of
the Medicare OPD fee schedule amount for the group and the
year, as determined under paragraph (5).
``(4) Computation of conversion factors.--
``(A) Estimates of certain amounts.--The Secretary
shall estimate the total projected Medicare payments
that would have been made under this part to hospitals
for outpatient department services in 1998.
``(B) Calculation of conversion factor.--
``(i) For 1998.--On the basis of the
weights and frequencies of utilization
described in paragraph (2)(C), the Secretary
shall establish a conversion factor for
determining Medicare OPD fee schedule amounts
for each group for 1998 in a manner so that,
taking into account the products, for all the
groups, of 80 percent of the Medicare OPD fee
schedule amounts (taking into account
appropriate adjustments described in paragraphs
(2)(D) and (2)(E)), and the frequency of
utilization for such group, the total projected
Medicare payments under this part to hospitals
under the system under this subsection for
outpatient department services in 1998 shall
equal the total projected Medicare payments
estimated under subparagraph (A).
``(ii) Subsequent years.--Before the
beginning of each year after 1998, the
Secretary shall determine the conversion factor
for determining Medicare OPD fee schedule
amounts for each group for that year. The
conversion factor shall be equal to the
conversion factor determined under this
subparagraph for the previous year increased by
the market basket percentage increase (as
defined in section 1886(b)(3)(B)(iii)) for the
fiscal year in which the year involved begins.
``(5) Calculation of Medicare opd fee schedule amounts.--
The Secretary shall compute a Medicare OPD fee schedule amount
for each group for each year in an amount equal to the product
of--
``(A) the conversion factor computed under
paragraph (4)(B) for the year, and
``(B) the relative payment weights (determined
under paragraph (2)(C)) for such group for such year.
``(6) Periodic review and adjustments to group prices.--
``(A) Periodic review.--The Secretary may
periodically review and revise the groups, the relative
payment weights, and the wage and other adjustments
described in paragraph (2) and take into account
changes in medical practice, volume, changes in
technology, the addition of new procedures, new cost
data, and other relevant information and factors.
``(B) Budget neutrality for adjustment.--If the
Secretary makes adjustments under subparagraph (A),
then such adjustments for a year may not cause the
estimated amount of expenditures under this part for
the year to increase or decrease from the estimated
amount of expenditures under this part that would have
been made if such adjustments had not been made.''.
(b) Coinsurance.--Section 1866(a)(2)(A)(ii) of such Act (42 U.S.C.
1395cc(a)(2)(A)(ii)) is amended by adding at the end the following new
sentence: ``In the case of items and services for which payment is made
under part B under the prospective payment system established under
section 1833(t), clause (ii) of the first sentence shall be applied by
substituting for 20 percent of the reasonable charge, the 20 percent of
the applicable Medicare OPD fee schedule amount under section
1833(t)(5)).''.
(c) Conforming Amendments.--
(1) Section 1833(i)(3) of such Act (42 U.S.C. 13951(i)(3))
is amended by adding at the end the following:
``(C) The previous provisions of this paragraph shall not apply to
items and services for which the amount of payment is determined under
subsection (t).''.
(2) Section 1833(n) of such Act (42 U.S.C. 13951(n)) is
amended by adding at the end the following:
``(4) The previous provisions of this subsection shall not apply to
items and services for which the amount of payment is determined under
subsection (t).''.
(d) Effective Date.--The amendments made by this section shall
apply to services provided on or after January 1, 1998. | Medicare Hospital Outpatient Reform Act of 1997 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to: (1) eliminate formula-driven overpayments for certain outpatient hospital services; and (2) provide for a prospective payment system for hospital outpatient department services. | {"src": "billsum_train", "title": "Medicare Hospital Outpatient Reform Act of 1997"} | 1,785 | 73 | 0.576858 | 1.311532 | 1.335598 | 3.35 | 26.166667 | 0.883333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Education Development
Initiative for the 21st Century Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide rural school students in the
United States with increased learning opportunities.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) While there are rural education initiatives identified
at the State and local level, no Federal education policy
focuses on the specific needs of rural school districts and
schools, especially those that serve poor students.
(2) The National Center for Educational Statistics (NCES)
reports that 46 percent of our Nation's public schools serve
rural areas.
(3) A critical problem for rural school districts involves
the hiring and retention of qualified administrators and
certified teachers (especially in science and mathematics).
Consequently, teachers in rural schools are almost twice as
likely to provide instruction in 3 or more subjects than
teachers in urban schools. Rural schools also face other tough
challenges, such as shrinking local tax bases, high
transportation costs, aging buildings, limited course
offerings, and limited resources.
(4) Data from the National Assessment of Educational
Progress (NAEP) consistently shows large gaps between the
achievement of students in high-poverty schools and those in
other schools. High-poverty schools will face special
challenges in preparing their students to reach high standards
of performance on State and national assessments.
SEC. 4. DEFINITIONS.
In this Act:
(1) Elementary school; local educational agency; secondary
school; state educational agency.--The terms ``elementary
school'', ``local educational agency'', ``secondary school'',
and ``State educational agency'' have the meanings given the
terms in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801).
(2) Eligible local educational agency.--The term ``eligible
local educational agency'' means a local educational agency
that serves--
(A) a school age population 15 percent or more of
whom are from families with incomes below the poverty
line; and
(B)(i) a rural locality; or
(ii) a school age population of 800 or fewer
students.
(3) Metropolitan area.--The term ``metropolitan area''
includes the area defined as such by the Bureau of the Census.
(4) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
(5) Rural locality.--The term ``rural locality'' means a
locality that is not within a metropolitan area.
(6) School age population.--The term ``school age
population'' means the number of students aged 5 through 17.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 5. PROGRAM AUTHORIZED.
(a) Reservation.--From amounts appropriated under section 9 for a
fiscal year the Secretary shall reserve 0.5 percent to make awards to
elementary or secondary schools operated or supported by the Bureau of
Indian Affairs to carry out the purpose of this Act.
(b) Grants to States.--
(1) In general.--From amounts appropriated under section 9
that are not reserved under subsection (a) for a fiscal year,
the Secretary shall award grants to State educational agencies
that have applications approved under section 7 to enable the
State educational agencies to award grants to eligible local
educational agencies for local authorized activities described
in subsection (c).
(2) Formula.--
(A) In general.--Each State educational agency
shall receive a grant under this section in an amount
that bears the same relation to the amount of funds
appropriated under section 9 that are not reserved
under subsection (a) for a fiscal year as the school
age population served by eligible local educational
agencies in the State bears to the school age
population served by eligible local educational
agencies in all States.
(B) Data.--In determining the school age population
under subparagraph (A) the Secretary shall use the most
recent data available from the Bureau of the Census.
(3) Direct awards to local educational agencies.--If a
State educational agency elects not to participate in the
program under this Act or does not have an application approved
under section 7, the Secretary may award, on a competitive
basis, the amount the State educational agency is eligible to
receive under paragraph (2) directly to eligible local
educational agencies in the State.
(4) Matching requirement.--Each eligible local educational
agency that receives a grant under this Act shall contribute
resources with respect to the local authorized activities to be
assisted, in cash or in kind, from non-Federal sources, in an
amount equal to the Federal funds awarded under the grant.
(c) Local Authorized Activities.--Grant funds awarded to local
educational agencies under this Act shall be used for--
(1) educational technology, including software and
hardware;
(2) professional development;
(3) technical assistance;
(4) teacher recruitment and retention;
(5) parental involvement activities; or
(6) academic enrichment programs or other education
programs.
(d) Relation to Other Federal Funding.--Funds received under this
Act by a State educational agency or an eligible local educational
agency shall not be taken into consideration in determining the
eligibility for, or amount of, any other Federal funding awarded to the
agency.
SEC. 6. STATE DISTRIBUTION OF FUNDS.
(a) Award Basis.--A State educational agency shall award grants to
eligible local educational agencies according to a formula developed by
the State educational agency and approved by the Secretary.
(b) First Year.--For the first year that a State educational agency
receives a grant under this Act, the State educational agency--
(1) shall use not less than 99 percent of the grant funds
to award grants to eligible local educational agencies in the
State; and
(2) may use not more than 1 percent for State activities
and administrative costs related to the program.
(c) Succeeding Years.--For the second and each succeeding year that
a State educational agency receives a grant under this Act, the State
educational agency--
(1) shall use not less than 99.5 percent of the grant funds
to award grants to eligible local educational agencies in the
State; and
(2) may use not more than 0.5 percent of the grant funds
for State activities and administrative costs related to the
program.
SEC. 7. APPLICATIONS.
Each State educational agency, or local educational agency eligible
for a grant under section 5(b)(3), that desires a grant under this Act
shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary may
require.
SEC. 8. REPORTS; ACCOUNTABILITY; STUDY.
(a) State Reports.--
(1) Contents.--Each State educational agency that receives
a grant under this Act shall provide an annual report to the
Secretary. The report shall describe--
(A) the method the State educational agency used to
award grants to eligible local educational agencies
under this Act;
(B) how eligible local educational agencies used
funds provided under this Act;
(C) how the State educational agency provided
technical assistance for an eligible local educational
agency that did not meet the goals and objectives
described in subsection (c)(3); and
(D) how the State educational agency took action
against an eligible local educational agency if the
local educational agency failed, for 2 consecutive
years, to meet the goals and objectives described in
subsection (c)(3).
(2) Availability.--The Secretary shall make the annual
State reports received under paragraph (1) available for
dissemination to Congress, interested parties (including
educators, parents, students, and advocacy and civil rights
organizations), and the public.
(b) Local Educational Agency Reports.--Each eligible local
educational agency that receives a grant under section 5(b)(3) shall
provide an annual report to the Secretary. The report shall describe
how the local educational agency used funds provided under this Act and
how the local educational agency coordinated funds received under this
Act with other Federal, State, and local funds.
(c) Report to Congress.--The Secretary shall prepare and submit to
Congress an annual report. The report shall describe--
(1) the methods the State educational agencies used to
award grants to eligible local educational agencies under this
Act;
(2) how eligible local educational agencies used funds
provided under this Act; and
(3) the progress made by State educational agencies and
eligible local educational agencies receiving assistance under
this Act in meeting specific, annual, measurable performance
goals and objectives established by such agencies for
activities assisted under this Act.
(d) Accountability.--The Secretary, at the end of the third year
that a State educational agency participates in the program assisted
under this Act, shall permit only those State educational agencies that
met their performance goals and objectives, for two consecutive years,
to continue to participate in the program.
(e) Study.--The Comptroller General of the United States shall
conduct a study regarding the impact of assistance provided under this
Act on student achievement. The Controller General shall report the
results of the study to Congress.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$300,000,000 for each of the fiscal years 2001 through 2004. | Reserves a specified portion of grant funds for schools operated by the Bureau of Indian Affairs.
Sets forth an allotment formula for grants to State educational agencies (SEAs) to make grants to eligible LEAs.
Authorizes the Secretary to make direct competitive grants to specially qualified eligible rural LEAs in nonparticipating States.
Requires LEAs or their schools to use grant funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs or other education programs.
Requires SEAs to award grants on a formula basis. Requires that at least 99 percent of such funds be awarded to eligible LEAs in the first year, and 99.5 in the second and in each succeeding year that an SEA receives such a grant. Allows the remainder to be used for State activities and administrative costs related to the grant program.
Requires reports by SEAs, LEAs, and the Secretary.
Directs the Secretary, at the end of the third year an SEA participates in the program, to permit continued participation only if the SEA has met its performance goals and objectives for two consecutive years.
Directs the Comptroller General to study and report to Congress on this Act's impact on student achievement.
Authorizes appropriations. | {"src": "billsum_train", "title": "Rural Education Development Initiative for the 21st Century Act"} | 2,034 | 306 | 0.42341 | 1.316466 | 0.788047 | 3.237548 | 7.517241 | 0.869732 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``South Texas Veterans Access to Care
Act of 2006''.
SEC. 2. FINDINGS; DEFINITION.
(a) Findings.--Congress finds the following:
(1) The current and future health care needs of veterans
residing in the Far South Texas area are not being fully met by
the Department of Veterans Affairs.
(2) The Department of Veterans Affairs states that, as of
January 1, 2006, the number of veterans in Far South Texas is
approximately 114,000.
(3) In its Capital Asset Realignment for Enhanced Services
study, the Department of Veterans Affairs found that fewer than
three percent of its enrollees in the Valley-Coastal Bend
Market of Veterans Integrated Service Network 17 reside within
its acute hospital access standards.
(4) Travel times for veterans from the market referred to
in paragraph (3) can exceed six hours from their residences to
the nearest Department of Veterans Affairs hospital for acute
inpatient health care.
(5) Even with the significant travel times, veterans from
Far South Texas demonstrate a high demand for health care
services from the Department of Veterans Affairs.
(6) Current deployments involving members of the Texas
National Guard and Reservists from Texas will continue to
inflate projections by the Department of Veterans Affairs of
demand.
(b) Definition.--For purposes of this Act, the term ``Far South
Texas'' means the following counties of the State of Texas: Aransas,
Bee, Brooks, Calhoun, Cameron, Crockett, DeWitt, Dimmit, Duval, Goliad,
Hidalgo, Jackson, Jim Hogg, Jim Wells, Kenedy, Kleberg, Nueces,
Refugio, San Patricio, Starr, Victoria, Webb, Willacy, and Zapata.
SEC. 3. MEDICAL CARE FOR VETERANS IN FAR SOUTH TEXAS.
(a) Determination.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
determine, and notify Congress pursuant to subsection (b), whether the
needs of veterans in Far South Texas for acute inpatient hospital care
shall be met--
(1) through a project for a public-private venture to
provide inpatient services and long-term care to veterans in an
existing facility in Far South Texas;
(2) through a project for construction of a new full-
service, 50-bed hospital with a 125-bed nursing home in Far
South Texas; or
(3) through a sharing agreement with a military treatment
facility in Far South Texas.
(b) Notification and Prospectus.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit to
Congress a report--
(1) identifying which of the three options specified in
subsection (a) has been selected by the Secretary; and
(2) providing, for the option selected, a prospectus that
includes, at a minimum, the matter specified in paragraphs (1)
through (8) of section 8104(b) of title 38, United States Code,
and the project timelines.
SEC. 4. PUBLIC-PRIVATE VENTURE FOR MEDICAL CARE FOR VETERANS IN FAR
SOUTH TEXAS.
(a) Project.--If the option selected by the Secretary of Veterans
Affairs under section 3(a) is the option specified in paragraph (1) of
that section for a project of a public-private venture to provide
inpatient and long-term care to veterans at an existing facility in Far
South Texas, then the Secretary shall, subject to the availability of
appropriations for such purpose, take such steps as necessary to enter
into an agreement with an appropriate private-sector entity to provide
for inpatient and long-term care services for veterans at an existing
facility in one of the counties of Far South Texas. Such an agreement
may include provision for construction of a new wing or other addition
at such facility to provide additional services that will, under the
agreement, be leased by the United States and dedicated to care and
treatment of veterans by the Secretary under title 38, United States
Code.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary for a public-private venture
project under this section.
SEC. 5. NEW DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, FAR SOUTH
TEXAS.
(a) Project Authorization.--If the option selected by the Secretary
of Veterans Affairs under section 3(a) is the option specified in
paragraph (2) of that section for a project for construction in Far
South Texas of a new full-service, 175-bed facility providing inpatient
and long-term care services. Such facility shall be located in the
county in Far South Texas that the Secretary determines most suitable
to meet the health care needs of veterans in the region.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Construction, Major Projects, account of the
Department of Veterans Affairs, in addition to any other amounts
authorized for that account, the amount of $175,000,000 for the project
authorized by subsection (a).
SEC. 6. SHARED FACILITY WITH DEPARTMENT OF DEFENSE, FAR SOUTH TEXAS.
(a) Project Authorization.--If the option selected by the Secretary
of Veterans Affairs under section 3(a) is the option specified in
paragraph (3) of that section for a project of a Department of Veterans
Affairs-Department of Defense shared facility to provide inpatient and
long-term care to veterans at an existing facility in Far South Texas,
then the Secretary shall, subject to the availability of appropriations
for such purpose, take such steps as necessary to enter into an
agreement with an appropriate military treatment facility to provide
for inpatient and long-term care services for veterans at an existing
facility in one of the counties of Far South Texas. Such an agreement
may include provision for construction of a new wing or other addition
at such facility to provide additional services that will, under the
agreement, be leased by the United States and dedicated to care and
treatment of veterans by the Secretary under title 38, United States
Code.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary for a Department of Veterans
Affairs-Department of Defense venture project under this section. | South Texas Veterans Access to Care Act of 2006 - Directs the Secretary of Veterans Affairs to determine, and notify Congress, whether the needs of veterans for acute inpatient hospital care in 24 counties comprising Far South Texas shall be met through: (1) a public-private venture to provide such services and long-term care to veterans in an existing facility in Far South Texas; (2) a project for construction of a new full-service, 50-bed hospital with a 125-bed nursing home in Far South Texas; or (3) a sharing agreement with a military treatment facility in Far South Texas. Requires the Secretary to take appropriate action depending on the option selected. | {"src": "billsum_train", "title": "To provide for the health care needs of veterans in far South Texas."} | 1,406 | 142 | 0.604541 | 1.867928 | 0.736803 | 5.533835 | 9.541353 | 0.947368 |
SECTION 1. SHORT TITLE.
This act may be cited as the ``National Coal Heritage Area Act of
1995''.
SEC. 2. FINDINGS.
(a) Findings.--The Congress finds that:
(1) Certain events that led to the development of southern
West Virginia's coalfields during the latter part of the 19th
Century and the early part of the current century are of
national historic and cultural significance in terms of their
contribution to the industrialization of the United States, the
organization of workers into trade unions and the unique
culture of the Appalachian Region.
(2) It is in the national interest to preserve and protect
physical remnants of this era for the education and benefit of
present and future generations.
(3) There is a need to provide assistance for the
preservation and promotion of those vestiges of southern West
Virginia's coal heritage which have outstanding cultural,
historic, and architectural values.
SEC. 3. ESTABLISHMENT.
(A) In General.--For the purpose of preserving and interpreting for
the educational and inspirational benefit of present and future
generations certain lands and structures with unique and significant
historic and cultural values associated with the coal mining heritage
of the State of West Virginia and the Nation there is hereby
established the National Coal Heritage Area (hereinafter in this Act
referred to as the ``Area'').
(b) Boundaries.--The Area shall be comprised of the counties in the
State of West Virginia that are the subject of the study by the
National Park Service, dated 1993, entitled ``A Coal Mining Heritage
Study: Southern West Virginia'' conducted pursuant to title VI of
Public Law 100-699
(c) Administration.--The Area shall be administered in accordance
with this Act.
SEC. 4. CONTRACTUAL AGREEMENT.
The Secretary of the Interior (hereinafter referred to as the
``Secretary'') is authorized to enter into a contractual agreement with
the Governor of the State of West Virginia, acting through the Division
of Culture and History and the Division of Tourism and Parks, pursuant
to which the Secretary shall assist the State of West Virginia, its
units of local government, and non-profit organizations in each of the
following:
(1) The development and implementation of integrated
cultural, historical, and land resource management policies and
programs in order to retain, enhance, and interpret the
significant values of the lands, waters, and structures of the
Area.
(2) The preservation, restoration, maintenance, operation,
interpretation, and promotion of buildings, structures,
facilities, sites, and points of interest for public use that
possess cultural, historical, and architectural values
associated with the coal mining heritage of the Area.
(3) The coordination of activities by Federal, State and
local governments and private businesses and organizations in
order to further historic preservation and compatible economic
revitalization.
(4) The development of guidelines and standards for
projects, consistent with standards established by the National
Park Service, for the preservation and restoration of historic
properties, including interpretive methods, that will further
history preservation in the region.
(5) The acquisition of real property, or interests in real
property, for public use by donation or by purchase, that
possess cultural, historical, and architectural values
associated with the coal mining heritage of the Area from a
willing seller with donated or appropriated funds.
(6) The assistance referred to in section 7(d).
SEC. 5. ELIGIBLE RESOURCES.
The resources eligible for the assistance under paragraphs (2) and
(5) of section 4 shall include those set forth in appendix D of the
study by the National Park Service, dated 1993, entitled ``A Coal
Mining Heritage Study: Southern West Virginia'' conducted pursuant to
title VI of Public Law 100-699. Priority consideration shall be given
to those sites listed as ``Conservation Priorities'' and ``Important
Historic Resources'' as depicted on the map entitled ``Study Area:
Historic Resources'' in such study.
SEC. 6. COAL HERITAGE MANAGEMENT PLAN.
(a) In General.--Pursuant to the contractual agreement referred to
in section 4, within two years after the date of enactment of this Act,
the Governor of the State of West Virginia, acting through the Division
of Culture and History and the Division of Tourism and Parks, shall
submit to the Secretary a Coal Heritage Management Plan for the Area.
The plan shall at a minimum--
(1) set forth the integrated cultural, historic, and land
resource management policies and programs referred to in
section 4;
(2) describe the guidelines and standards for projects
referred to in section 4;
(3) set forth the responsibilities of the State of West
Virginia, units of local government, non-profit entities or of
the Secretary to administer any properties acquired pursuant to
section 4; and
(4) provide for the restoration, preservation,
interpretation, and administration of the historic, cultural,
and architectural resources of the Bramwell National Historic
Site.
(b) Plan Approval.--The Secretary shall approve the plan submitted
under subsection (a) unless he determines that it would not meet the
objectives of this Act.
SEC. 7. DESIGNATION OF BRAMWELL NATIONAL HISTORIC SITE.
(a) In General.--In order to preserve, restore, and interpret the
unique historical, cultural, and architectural values of Bramwell, West
Virginia, there is hereby established the Bramwell National Historic
Site (hereinafter referred to as the ``Site'').
(b) Area Included.--The Site shall consist of the lands and
interests therein within the corporate limits of the town of Bramwell.
(c) Administration.--The Site shall be administered by the State of
West Virginia, an appropriate unit of local government, or a non-profit
organization as determined by the management plan referred to in
section 6.
(d) Duties of the Secretary.--To carry out the purposes of this
section, the Secretary shall assist in the implementation of the
management plan referred to in section 6. Such assistance shall
include, but necessarily be limited to--
(1) faciliting the restoration, preservation, and
interpretation of the historic, cultural, and architectural
resources of the Site;
(2) offsetting the costs of operating and maintaining the
Site; and
(3) providing for the acquisition of land or interests in
land within the boundaries of the Site from willing sellers.
(e) Property Owner Rights.--(1) Nothing in this section may be
construed as authorizing access to private residential property within
the Site for the purpose of conducting visitors through such property,
or for any other purpose, without the advice and consent of the owner
of such property.
(2) The entity referred to in subsection (c) may mark, interpret,
restore, and provide technical assistance for the preservation and
interpretation of properties with historic or cultural significance
within the Site only pursuant to cooperative agreements with the owners
of such properties.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act, to remain available
until expended.
SEC. 9. DESIGNATION OF MINERS' MARCH TRAIL AS A STUDY TRAIL.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended by adding at the end the following new paragraph:
``( ) The route from Lens Creek near Marmet to Blair Mountain in
West Virginia traveled by coal miners dramatizing the need for social
justice between August 20, 1921, and September 4, 1921, during what is
commonly known as the Battle of Blair Mountain.''. | National Coal Heritage Area Act of 1995 - Establishes the National Coal Heritage Area. Authorizes the Secretary of the Interior to contract with the Governor of West Virginia to provide assistance in preserving, restoring, maintaining, operating, and promoting the coal-related facilities of the Area for cultural and historical purposes. Directs the Governor to submit to the Secretary for approval a coal heritage management plan for the Area. Establishes the Bramwell National Historic Site in Bramwell, West Virginia.
Authorizes appropriations.
Amends the National Trails System Act to designate as a study trail the route traveled by coal miners from Lens Creek near Marmet to Blair Mountain (Miners' March Trail) in West Virginia. | {"src": "billsum_train", "title": "National Coal Heritage Area Act of 1995"} | 1,644 | 158 | 0.505166 | 1.497917 | 0.783004 | 3.310606 | 11.909091 | 0.901515 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cahaba River National Wildlife
Refuge Expansion Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Cahaba River is recognized nationally for its
unique biological diversity, which includes habitat for more
than 131 species of fish (more than any other river its size in
North America).
(2) The Cahaba River is home to 64 rare and imperiled
species of aquatic plants and animals, including fishes,
freshwater turtles, mussels, and snails.
(3) The Cahaba River is home to 12 aquatic animal species
(fish, mussels, and snails) listed as endangered species or
threatened species under the Endangered Species Act of 1973 (16
U.S.C. 1331 et seq.).
(4) The Cahaba River harbors the largest population in the
world of the imperiled shoals lily, known locally as the Cahaba
Lily.
(5) The Cahaba River watershed contains extremely rare
plant communities, including mountain longleaf pine woodlands,
and dolomite glades that are home to 8 plant species recently
discovered as new to science, and known to exist nowhere else
in the world, as well as more than 70 other rare and imperiled
species of plants.
(6) The Cahaba River is home to at least a dozen endemic
aquatic animals that are found nowhere else in the world.
(7) The Cahaba River is the longest remaining free-flowing
river in Alabama, flowing through five counties in central
Alabama.
(8) The Cahaba River is recognized as an Outstanding
Alabama Water by the Alabama Department of Environmental
Management.
(9) The Cahaba River has high recreational value for
hunters, anglers, birdwatchers, canoeists, nature
photographers, and others.
(10) The Cahaba River watershed supports large populations
of game species, including deer, turkey, quail, and various
species of ducks.
(11) The Cahaba River was recognized by the 106th Congress
as deserving of inclusion in the National Wildlife Refuge
System by the establishment of the Cahaba River National
Wildlife Refuge.
(12) Significant additional recreational, natural resource
conservation and management, and other public benefits would be
realized by the expansion of the existing Cahaba River National
Wildlife Refuge.
SEC. 3. DEFINITIONS.
In this Act:
(1) Refuge.--The term ``Refuge'' means the Cahaba River
National Wildlife Refuge.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. EXPANSION OF REFUGE.
(a) Expansion.--
(1) In general.--The Cahaba River National Wildlife Refuge,
located in Bibb County, Alabama, is expanded to include
approximately 30,000 acres of lands and waters, and interests
in lands and waters, within the boundaries depicted upon the
map entitled ``Cahaba River National Wildlife Refuge Proposed
Expansion'', and dated June 2, 2003.
(2) Boundary revisions.--The Secretary may make such minor
revisions to the boundaries of the Refuge as may be appropriate
to carry out the purposes of the Refuge or to facilitate the
acquisition of property within the Refuge.
(3) Availability of map.--The Secretary shall keep the map
referred to in paragraph (1) on file for inspection in
appropriate offices of the United States Fish and Wildlife
Service.
(b) Effective Date.--The expansion of the Refuge under paragraph
(1) of subsection (a) shall take effect on the date of the enactment of
this Act.
SEC. 5. ACQUISITION OF LANDS AND WATERS.
(a) In General.--The Secretary, subject to the availability of
appropriations, may acquire up to 30,000 acres of lands and waters, or
interests therein, within the boundaries of the Refuge described in
section 4(a)(1).
(b) Inclusion in Refuge.--Any lands, waters, or interests acquired
by the Secretary under this section shall be a part of the Refuge.
SEC. 6. ADMINISTRATION.
In administering the Refuge, the Secretary shall--
(1) conserve, enhance, and restore the native aquatic and
terrestrial community characteristics of the Cahaba River
(including associated fish, wildlife, and plant species);
(2) conserve, enhance, and restore habitat to maintain and
assist in the recovery of animals and plants that are listed as
endangered species or threatened species under the Endangered
Species Act of 1973 (16 U.S.C. 1331 et seq.);
(3) in providing opportunities for compatible use (as that
term is defined in section 5 of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668ee)), ensure
that hunting, fishing, wildlife observation and photography,
and environmental education interpretation are the priority
general public uses of the Refuge, in accordance with
paragraphs (3) and (4) of section 4(a) of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C.
668ee(a)(3), (4)); and
(4) encourage the use of volunteers and facilitate
partnerships among the United States Fish and Wildlife Service,
local communities, conservation organizations, and other non-
Federal entities, to--
(A) promote public awareness of the resources of
the Refuge and the National Wildlife Refuge System; and
(B) public participation in the conservation of
those resources. | Cahaba River National Wildlife Refuge Expansion Act - Expands the boundaries of the Cahaba River National Wildlife Refuge in Bibb County, Alabama, to include specified lands and waters.
Authorizes the Secretary of the Interior to: (1) revise the boundaries of the Refuge to carry out its purposes or to facilitate the acquistion of property within it; and (2) acquire, subject to the availability of appropriations, such lands and waters to be included in the Refuge. | {"src": "billsum_train", "title": "To provide for the expansion of the Cahaba River National Wildlife Refuge in Bibb County, Alabama."} | 1,183 | 103 | 0.546226 | 1.420383 | 0.556213 | 3.261364 | 12.295455 | 0.920455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inclusive Home Design Act of 2002''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Covered dwelling unit.--The term ``covered dwelling
unit'' means a dwelling unit that--
(A) is a detached single family house, a townhouse
or multi-level dwelling unit (whether detached or
attached to other units or structures), or a ground-
floor unit in a building of three or fewer dwelling
units;
(B) is designed as, or intended for occupancy as, a
residence;
(C) was designed, constructed, or commissioned,
contracted or otherwise arranged for design or
construction, by any person or entity who, at any time
during the design or construction, received Federal
financial assistance for any program or activity; and
(D) is made available for first occupancy after the
expiration of the one-year period beginning on the date
of the enactment of this Act.
(2) Environmental controls.--The term ``environmental
controls'' means, for a dwelling unit, any switches or devices
that control or regulate lights, temperature, fuses, fans,
doors, security system features, or any other feature included
in the new construction of the unit.
(3) Federal financial assistance.--The term ``Federal
financial assistance'' means any assistance that is provided or
otherwise made available by the Secretary of Housing and Urban
Development, the Secretary of Agriculture, or the Secretary of
Veterans Affairs, or any program or activity or such agencies,
through any grant, loan, contract, or any other arrangement,
after the expiration of the one-year period beginning on the
date of the enactment of this Act, including--
(A) grants, subsidies, or any other funds;
(B) services of Federal personnel;
(C) real or personal property or any interest in or
use of such property, including--
(i) transfers or leases of the property for
less than the fair market value or for reduced
consideration; and
(ii) proceeds from a subsequent transfer or
lease of the property if the Federal share of
its fair market value is not returned to the
Federal Government;
(D) any tax credit, mortgage or loan guarantee or
insurance; and
(E) community development funds in the form of
obligations guaranteed under section 108 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5308).
(4) Person or entity.--The term ``person or entity''
includes one or more individuals, corporations (including not-
for-profit corporations), partnerships, associations, labor
organizations, legal representatives, mutual corporations,
joint-stock companies, trusts, unincorporated associations,
trustees, trustees in cases under title 11 of the United States
Code, receivers, and fiduciaries.
SEC. 3. VISITABILITY REQUIREMENT.
It shall be unlawful for any person referred to in section 2(2)(C)
with respect to a covered dwelling unit to fail to ensure that such
dwelling unit contains at least one level that complies with the
following requirements:
(1) Accessible entrance.--
(A) In general.--Except as provided in subparagraph
(B), the level shall contain at least one entrance to
the dwelling unit that--
(i) is accessible to, and usable by, people
with disabilities;
(ii) does not contain any steps or any rise
that exceeds one-half inch; and
(iii) is located on a continuous
unobstructed path from the entrance of the
building that contains or consists of the
dwelling unit to the street, which path (I) can
be negotiated by a person with a disability who
uses a wheelchair, (II) is safe for and usable
by people with other disabilities and people
without disabilities, and (III) may include
curb ramps, parking access aisles, walks, ramps
and lifts.
(B) Exception.--The provisions of subparagraph (A)
shall not apply to a covered dwelling unit if such
compliance with the requirements under such
subparagraph would be severely impractical because of
the terrain or unusual physical limitations of the site
of the dwelling unit.
(2) Accessible interior doors.--All doors that are designed
to allow passage within the level shall have an unobstructed
opening of at least 32 inches when the door is open at a 90-
degree angle.
(3) Accessible environmental controls.--All environmental
controls located on the level shall be located--
(A) no higher than 48 inches and no lower than 15
inches on the wall; and
(B) in the case of environmental controls located
directly above a counter, sink, or appliance, no higher
than three inches above such counter, sink, or
appliance.
(4) Accessible habitable space and bathroom.--The level
shall contain--
(A) at least one indoor room that has an area of
not less than 70 square feet and contains no side or
dimension narrower than seven feet; and
(B) at least one bathroom that contains, at a
minimum, a toilet, sink, and walls that are reinforced
to allow for the later installation of grab bars.
SEC. 4. ENFORCEMENT.
(a) Requirement for Federal Financial Assistance.--Each applicant
for Federal financial assistance shall submit an assurance to the
Federal agency responsible for such assistance that all of its programs
and activities will be conducted in compliance with this Act.
(b) Approval of Architectural and Construction Plans.--
(1) Submission.--Any applicant for or recipient of Federal
financial assistance who designs, constructs, or commissions,
contracts, or otherwise arranges for design or construction, of
a covered dwelling unit shall submit architectural and
construction plans for such unit to the State or local
department or agency that is responsible, under applicable
State or local law, for the review and approval of construction
plans for compliance with generally applicable building codes
or requirements (in this subsection referred to as the
``appropriate State or local agency'').
(2) Determination of compliance.--
(A) Condition of federal housing assistance.--The
Secretary of Housing and Urban Development may not
provide any Federal financial assistance under any
program administered by such Secretary to a State or
unit of general local government (or any agency
thereof) unless the appropriate State or local agency
thereof is, in the determination of the Secretary,
taking the enforcement actions under subparagraph (B).
(B) Enforcement actions.--The enforcement actions
under this subparagraph are--
(i) reviewing any plans for a covered
dwelling unit submitted pursuant to paragraph
(1) and approving or disapproving such plans
based upon compliance of the dwelling unit with
the requirements of this Act; and
(ii) consistent with applicable State or
local laws and procedures, withholding final
approval of construction or occupancy of a
covered dwelling unit unless and until such
compliance is determined.
(c) Civil Action for Private Persons.--Any person aggrieved by an
act that is unlawful under this Act may commence a civil action in an
appropriate United States District Court or State court no later than
two years after the occurrence or termination of any alleged unlawful
conduct under this Act. For purposes of this section, a violation
involving a covered dwelling unit that is not designed or constructed
in conformity with the requirements of this Act shall not be considered
to terminate until the violation is corrected.
(d) Enforcement by Attorney General.--Whenever the Attorney General
has reasonable cause to believe that any person or group of persons has
violated this Act, the Attorney General may commence a civil action in
any appropriate United States district court. The Attorney General may
also, upon timely application, intervene in any civil action brought
under subsection (c) by a private person if the Attorney General
certifies that the case is of general public importance.
(e) Relief.--In any civil action brought under this section, if the
court finds that a violation of this title has occurred or is about to
occur, it may award to the plaintiff actual and punitive damages, and
subject to subsection (g), may grant as relief, as the Court finds
appropriate, any permanent or temporary injunction, temporary
restraining order, or other order (including an order enjoining the
defendant from violating the Act or ordering such affirmative action as
may be appropriate).
(f) Attorney's Fees.--In any civil action brought under this
section, the court, in its discretion, may allow the prevailing party,
other than the United States, a reasonable attorney's fee and costs.
(g) Effect on Certain Sales, Encumbrances, and Rentals.--Relief
granted under this section shall not affect any contract, sale,
encumbrance, or lease consummated before the granting of such relief
and involving a bona fide purchaser, encumbrancer, or tenant, without
actual notice of a civil action under this title.
SEC. 5. REGULATIONS AND MINIMUM GUIDELINES.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Housing and Urban Development, the Secretary of
Agriculture, and the Secretary of Veterans Affairs shall issue any
regulations necessary to carry out this Act. The Architectural and
Transportation Barriers Compliance Board established under section 502
of the Rehabilitation Act of 1973 (29 U.S.C. 792) shall establish and
maintain minimum guidelines and requirements for the standards issued
pursuant to this Act. The Code Requirements for Housing Accessibility
established by the International Council Code may be used as the basis
for such guidelines and requirements.
SEC. 6. EFFECT ON STATE LAWS.
Nothing in this Act shall be constructed to invalidate or limit
any law of a State or political subdivision of a State, or of any other
jurisdiction in which this Act shall be effective, that grants,
guarantees, or provides the same rights, protections and requirements
as are provided by this Act, but any law of a State, a political
subdivision thereof, or other such jurisdiction that purports to
require or permit any action that would violate this Act shall to that
extent be invalid.
SEC. 7. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS.
Nothing in this Act shall limit any right, procedure, or remedy
available under the Constitution or any other Act of the Congress.
SEC. 8. SEVERABILITY OF PROVISIONS.
If any provision of this Act of the application thereof to any
person or circumstances is held invalid, the remainder of the Act and
the application of the provision to other persons not similarly
situated shall not be affected thereby. | Inclusive Home Design Act of 2002 - Requires new covered dwellings (certain residences designed, constructed, commissioned, or contracted with Federal financial assistance) to include at least one entrance that is accessible to, and usable by, people with disabilities. Exempts buildings from that and other entrance requirements on account of the terrain or due to unusual physical limitations. Makes further requirements of covered dwellings pertaining to: (1) accessible interior doors; (2) accessible environmental controls; and (3) accessible habitable space and an accessible bathroom.Requires each applicant for Federal financial assistance to submit to the relevant Federal agency an assurance that all of its programs and activities are in compliance with this Act. Requires each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans to the relevant State or local department or agency for approval. Prohibits any Federal financial assistance from being disbursed to a State or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings.Provides for civil actions in an appropriate United States District Court or State court for alleged misconduct under this Act. Permits the Attorney General to commence civil actions or intervene in civil actions under this Act.Directs the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs to issue any regulations necessary to carry out this Act.Prohibits any State, political jurisdiction, or other such jurisdiction from requiring or permitting any action that would violate this Act. | {"src": "billsum_train", "title": "To require all newly constructed, federally assisted single-family houses and town houses to meet minimum standards of visitability for persons with disabilities."} | 2,289 | 321 | 0.473047 | 1.411687 | 0.796264 | 3.360424 | 7.590106 | 0.90106 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Faster Access to Specialized
Treatments Act'' or ``FAST Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The Food and Drug Administration (FDA) serves a
critical role in helping to assure that new medicines are safe
and effective. Regulatory innovation is one element of the
Nation's strategy to address serious and life-threatening
diseases or conditions by promoting investment in and
development of innovative treatments for unmet medical needs.
(2) Over the previous two decades, since the accelerated
approval mechanism was established, advances in medical
sciences, including genomics, molecular biology, and
bioinformatics, have provided an unprecedented understanding of
the underlying biological mechanism and pathogenesis of
disease. A new generation of modern, targeted medicines is
currently under development to treat serious and life-
threatening diseases, some applying drug development strategies
based on biomarkers or pharmacogenomics, predictive toxicology,
clinical trial enrichment techniques, and novel clinical trial
designs, such as adaptive clinical trials.
(3) As a result of these remarkable scientific and medical
advances, FDA should be encouraged to implement more broadly
effective processes for the expedited development and review of
innovative new medicines intended to address unmet medical
needs for serious or life-threatening diseases or conditions,
including those for rare diseases or conditions, using a broad
range of surrogate or clinical endpoints and modern scientific
tools earlier in the drug development cycle when appropriate.
This may result in fewer, smaller, or shorter clinical trials
for the intended patient population or targeted subpopulation
without compromising or altering FDA's existing high standards
for the approval of drugs.
(4) Patients benefit from expedited access to safe and
effective innovative therapies to treat unmet medical needs for
serious or life-threatening diseases or conditions.
(5) For these reasons, the existing statutory authority
governing expedited approval of drugs or serious or life-
threatening conditions should be amended in order to enhance
FDA's authority to consider appropriate scientific data,
methods, and tools, and to expedite development and access to
novel treatments for patients with a broad range oofserious or
life-threatening diseases or conditions.
(b) Sense of Congress.--It is the sense of Congress that the Food
and Drug Administration should apply the accelerated approval and the
fast track provisions set forth in section 506 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356), as amended by section 3, to the
greatest extent possible to help expedite the development and
availability to patients of treatments for serious or life-threatening
diseases or conditions while maintaining appropriate safety and
effectiveness standards for such treatments.
SEC. 3. EXPEDITED APPROVAL OF DRUGS FOR SERIOUS OR LIFE-THREATENING
DISEASES OR CONDITIONS.
Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356) is amended to read as follows:
``SEC. 506. EXPEDITED APPROVAL OF DRUGS FOR SERIOUS OR LIFE-THREATENING
DISEASES OR CONDITIONS.
``(a) Designation of Drug as a Fast Track Product.--
``(1) In general.--The Secretary shall, at the request of
the sponsor of a new drug, facilitate the development and
expedite the review of such drug if it is intended, whether
alone or in combination with one or more other drugs, for the
treatment of a serious or life-threatening disease or
condition, and it demonstrates the potential to address unmet
medical needs for such a disease or condition. (In this
section, such a drug is referred to as a `fast track product'.)
``(2) Request for designation.--The sponsor of a new drug
may request the Secretary to designate the drug as a fast track
product. A request for the designation may be made concurrently
with, or at any time after, submission of an application for
the investigation of the drug under section 505(i) or section
351(a)(3) of the Public Health Service Act.
``(3) Designation.--Within 60 calendar days after the
receipt of a request under paragraph (2), the Secretary shall
determine whether the drug that is the subject of the request
meets the criteria described in paragraph (1). If the Secretary
finds that the drug meets the criteria, the Secretary shall
designate the drug as a fast track product and shall take such
actions as are appropriate to expedite the development and
review of the application for approval of such product.
``(b) Accelerated Approval of a Drug for a Serious or Life-
Threatening Disease or Condition, Including a Fast Track Product.--
``(1) In general.--The Secretary may approve an application
for approval of a product for a serious or life-threatening
disease or condition, including a fast track product, under
section 505(c) or section 351(a) of the Public Health Service
Act upon making a determination (taking into account the
severity or rarity of the disease or condition and the
availability of alternative treatments) that the product has an
effect on--
``(A) a surrogate endpoint that is reasonably
likely to predict clinical benefit; or
``(B) a clinical endpoint, including an endpoint
that can be measured earlier than irreversible
morbidity or mortality, that is reasonably likely to
predict an effect on irreversible morbidity or
mortality or other clinical benefit.
The evidence to support that an endpoint is reasonably likely
to predict clinical benefit may include epidemiological,
pathophysiologic, pharmacologic, therapeutic or other evidence
developed using, for example, biomarkers, or other scientific
methods or tools.
``(2) Limitation.--Approval of a product under this
subsection may, as determined by the Secretary, be subject to
the following requirements--
``(A) that the sponsor conduct appropriate post-
approval studies to verify and describe the predicted
effect of the product on irreversible morbidity or
mortality or other clinical benefit; and
``(B) that the sponsor submit copies of all
promotional materials related to the product, at least
30 days prior to dissemination of the materials
during--
``(i) the preapproval review period; and
``(ii) following approval, for a period
that the Secretary determines to be
appropriate.
``(3) Expedited withdrawal of approval.--The Secretary may
withdraw approval of a product approved pursuant to this
subsection using expedited procedures (as prescribed by the
Secretary in regulations, which shall include an opportunity
for an informal hearing) if--
``(A) the sponsor fails to conduct any required
post-approval study of the product with due diligence;
``(B) a study required to verify and describe the
predicted effect on irreversible morbidity or mortality
or other clinical benefit of the product fails to
verify and describe such effect or benefit;
``(C) other evidence demonstrates that the product
is not safe or effective under the conditions of use;
or
``(D) the sponsor disseminates false or misleading
promotional materials with respect to the product.
``(c) Review of Incomplete Applications for Approval of a Fast
Track Product.--
``(1) In general.--If the Secretary determines, after
preliminary evaluation of clinical data submitted by the
sponsor, that a fast track product may be effective, the
Secretary shall evaluate for filing, and may commence review of
portions of, an application for the approval of the product
before the sponsor submits a complete application. The
Secretary shall commence such review only if the applicant--
``(A) provides a schedule for submission of
information necessary to make the application complete;
and
``(B) pays any fee that may be required under
section 736.
``(2) Exception.--Any time period for review of human drug
applications that has been agreed to by the Secretary and that
has been set forth in goals identified in letters of the
Secretary (relating to the use of fees collected under section
736 to expedite the drug development process and the review of
human drug applications) shall not apply to an application
submitted under paragraph (1) until the date on which the
application is complete.
``(d) Awareness Efforts.--The Secretary shall--
``(1) develop and disseminate to physicians, patient
organizations, pharmaceutical and biotechnology companies, and
other appropriate persons a description of the provisions of
this section applicable to accelerated approval and fast track
products; and
``(2) establish a program to encourage the development of
surrogate and clinical endpoints, including biomarkers, and
other scientific methods and tools that can assist the
Secretary in determining whether the evidence submitted in an
application is reasonably likely to predict clinical benefit
for serious or life-threatening conditions for which there
exist significant unmet medical needs.''.
SEC. 4. GUIDANCE; AMENDED REGULATIONS.
(a) Initial Guidance.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human Services
(hereinafter ``the Secretary'') shall issue draft guidance to implement
the amendments made by section 3.
(b) Final Guidance.--Not later than one year after the issuance of
draft guidance under subsection (a), after an opportunity for public
comment, the Secretary shall issue--
(1) final guidance to implement the amendments made by
section 3; and
(2) amend the regulations governing accelerated approval in
parts 314 and 601 of title 21, Code of Federal Regulations, as
necessary to conform such regulations with the amendments made
by section 3.
(c) Considerations.--In developing the guidance under subsections
(a) and (b)(1) and the amendments under subsection (b)(2), the
Secretary shall consider--
(1) issues arising under the accelerated approval and fast
track processes under section 506 of the Federal Food, Drug,
and Cosmetic Act (as amended by section 3) for drugs designated
for a rare disease or condition under section 526 of the
Federal, Food, Drug, and Cosmetic Act; and
(2) how to incorporate novel approaches to the review of
surrogate endpoints based on pathophysiologic and pharmacologic
evidence in such guidance, especially in instances where the
low prevalence of a disease renders the existence or collection
of other types of data unlikely or impractical.
(d) No Delay in Review or Approval.--The issuance (or non-issuance)
of guidance or conforming regulations implementing the amendments made
by section 3 shall not preclude the review of, or action on, a request
for designation or an application for approval submitted pursuant to
section 506 of the Federal Food, Drug, and Cosmetic Act, as amended by
section 3.
SEC. 5. INDEPENDENT REVIEW.
(a) In General.--The Secretary shall, in conjunction with other
planned reviews of the new drug review process, contract with an
independent entity with expertise in assessing the quality and
efficiency of biopharmaceutical development and regulatory review
programs, to evaluate the Food and Drug Administration's application of
the processes described in section 506 of the Federal Food, Drug, and
Cosmetic Act, as amended by section 3, and the impact of such processes
on the development and timely availability of innovative treatments for
patients suffering from serious or life-threatening conditions.
(b) Consultation.--Any evaluation under subsection (a) shall
include consultation with regulated industries, patient advocacy and
disease research foundations, and relevant academic medical centers.
SEC. 6. RULE OF CONSTRUCTION.
The amendments made to section 506(b) of the Federal Food, Drug and
Cosmetic Act by this Act shall be construed in a manner that encourages
the Secretary to utilize innovative approaches for the assessment of
products under accelerated approval while maintaining appropriate
safety and effectiveness standards for such products. | Faster Access to Specialized Treatments Act or FAST Act - Expresses the sense of Congress that the Food and Drug Administration (FDA) should apply specified accelerated approval and the fast track provisions to expedite the development and availability of treatments for serious or life-threatening diseases or conditions while maintaining appropriate safety and effectiveness standards.
Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS), at the request of the sponsor of a new drug, to include as a fast track product a new drug, either alone or in combination with one or more other drugs, that is intended for the treatment of a serious or life-threatening disease or condition.
Permits the Secretary to approve an application for approval of a product for a serious or life-threatening disease or condition, including a fast track product, upon a determination that the product has an effect on: (1) a surrogate endpoint that is reasonably likely to predict clinical benefit; or (2) on a clinical endpoint, including an endpoint that can be measured earlier than irreversible morbidity or mortality, that is reasonably likely to predict an effect on irreversible morbidity or mortality or other clinical benefit.
Directs the Secretary, in conjunction with other planned reviews of the new drug review process, to contract with an independent entity with expertise in assessing biopharmaceutical development and regulatory review programs to evaluate the FDA's application of the fast track processes on the development and availability of innovative treatments for patients suffering from serious or life-threatening conditions. | {"src": "billsum_train", "title": "To amend section 506 of the Federal Food, Drug, and Cosmetic Act to expedited approval of drugs for serious or life-threatening diseases or conditions."} | 2,602 | 334 | 0.638588 | 1.998411 | 0.773806 | 6.023729 | 8.115254 | 0.972881 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Henry J. Hyde Scholarships for Haiti
Act of 2006''.
SEC. 2. STATEMENT OF PURPOSE.
The purpose of this Act is to establish an undergraduate
scholarship program which is designed to bring talented students of
limited financial means from Haiti to the United States for study at
United States institutions of higher education to--
(1) improve the diversity and quality of educational
opportunities for such students;
(2) assist the development efforts of Haiti by providing
training and educational assistance to persons who can help
address the social and economic needs of Haiti;
(3) build a well-educated middle-class in Haiti which is
capable and willing to provide leadership in the public and
private sectors to help sustain the political and economic
progress that is sorely needed to confront the daunting
challenges of that country; and
(4) promote positive and productive relationships between
the United States and Haiti.
SEC. 3. FINDINGS.
Congress finds the following:
(1) It is in the national interest of the United States to
provide a stable source of financial support to give talented
students in Haiti the opportunity to study in the United States
in order to improve the range and quality of educational
alternatives for these students, further the development of
Haiti, and build enduring relationships between the people of
the United States and the people of Haiti.
(2) Providing scholarship to foreign students to study in
the United States has proven to be an effective means of
creating strong bonds between the United States and the future
leadership of developing countries and assisting those
countries to substantially further their development
objectives.
(3) Talented students from families of limited financial
means in Haiti traditionally have few, if any, opportunities to
continue their education in their own country and are less
likely to pursue higher education in the United States.
(4) In 2003, 76 percent of the population in Haiti earned
less than the equivalent of $2.00 per day, and 56 percent of
the population in the country in the same year earned less than
the equivalent of $1.00 per day.
(5) In 2003, the literacy rate of individuals in Haiti who
are older than 15 years of age was less than 52 percent. The
net primary school enrollment rate was 68 percent, as compared
to the average of approximately 78 percent for other low income
countries, such as Afghanistan and Guinea-Bissau.
(6) Women in Haiti are more likely to be adversely affected
by the dire economic and social conditions in Haiti.
SEC. 4. AUTHORIZATION OF ASSISTANCE.
(a) In General.--The President, acting through the Administrator of
the United States Agency for International Development, shall provide
scholarships (including partial assistance) for undergraduate study at
United States institutions of higher education (as such term is defined
in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) by
citizens and nationals of Haiti who have completed their secondary
education with distinction and who would not otherwise have the
opportunity to study in the United States due to financial constraints.
(b) Form of Scholarship; Forgiveness of Loan Repayment.--To
encourage Haitian students to use their training and education for the
benefit of Haiti, each scholarship that is extended under this Act
shall be in the form of a loan. All repayment of the loan (including
principal and accrued interest) shall be forgiven upon the scholarship
recipient's prompt return to Haiti for a period which is at least one
year longer than the period spent studying in the United States under
the scholarship.
(c) Guidelines.--The scholarship program under this Act shall be
carried out in accordance with the pertinent guidelines of section 604
of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987
(22 U.S.C. 4704; Public Law 99-93; relating to guidelines for United
States scholarship program for developing countries).
SEC. 5. SENSE OF CONGRESS REGARDING THE PEACE CORPS.
It is the sense of Congress that the President, acting through the
Director of the Peace Corps, should, as soon as practicable, make
available again to the Government of Haiti qualified Peace Corps
volunteers who would serve under hardship conditions to--
(1) assist the people of Haiti to improve literacy rates
and meet other basic needs so that they can become economically
self-sufficient; and
(2) promote mutual understanding between the people of the
United States and the people of Haiti.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated $2,500,000
for each of fiscal years 2007, 2008, and 2009, for the President,
acting through the Administrator for the United States Agency for
International Development, to carry out this Act.
(b) Additional Authorities.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended; and
(2) shall be in addition to funds otherwise available for
such purposes.
(c) Literacy and Other Basic Education Programs.--Of the amounts
authorized to be appropriated to carry out chapter 1 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.; relating to
development assistance) for each of fiscal years 2007, 2008, and 2009,
and which are not allocated for assistance for countries in Latin
America and the Caribbean, not less than $3,000,000 for each such
fiscal year is authorized to be made available for assistance for
literacy and other basic education programs in Haiti.
SEC. 7. GENERAL AUTHORITIES.
(a) Public and Private Sector Contributions.--The public and
private sectors, particularly the Haitian-American community, in the
United States and in Haiti shall be encouraged to contribute to the
costs of the scholarship program financed under this Act. To this end,
the President, acting through the Administrator for the United Sates
Agency for International Development, is strongly encouraged to design
a matching program in which contributions made by the public and
private sectors of either country are matched by amounts authorized
under this Act. Not more than twenty-five percent of the amounts
authorized to be appropriated under this Act may be dedicated to such a
matching program.
(b) Utilization of Returning Scholarship Recipients.--The
President, acting through the Administrator for the United States
Agency for International Development, shall seek to engage the private
sector of Haiti and international private enterprises that are
conducting business in Haiti to maximize the opportunities for
productive contributions to the development of Haiti by returning
scholarship recipients.
(c) Delivery of Assistance Through the Cooperative Association of
States for Scholarships.--The President, acting through the
Administrator for the United States Agency for International
Development, is strongly encouraged to carry out the purposes of this
Act through existing scholarship programs, such as the Cooperative
Association of States for Scholarships program. | Henry J. Hyde Scholarships for Haiti Act of 2006 - Directs the President, acting through the Administrator of the United States Agency for International Development, to provide undergraduate scholarships, in the form of student loans followed by loan forgiveness, to needy Haitian students who, upon completion of their studies in the United States, promptly return to Haiti for a period at least one year longer than the duration of such scholarships. Authorizes appropriations for FY2007-FY2009.
Reserves a specified minimum amount of certain authorized development assistance appropriations under the Foreign Assistance Act of 1961 for literacy and basic education programs in Haiti.
Expresses the sense of Congress that the President, acting through the Director of the Peace Corps, should make available again to the Government of Haiti qualified Peace Corps volunteers who would serve under hardship conditions to: (1) assist the people of Haiti to improve literacy rates and meet other basic needs so that they can become economically self-sufficient; and (2) promote mutual understanding between the peoples of the United States and of Haiti.
Urges the President to: (1) design a program to match scholarship contributions from private and public sectors in either country; (2) seek to engage domestic and international businesses in Haiti to maximize the opportunities of returning scholarship recipients for the development of Haiti; and (3) provide the scholarships through existing scholarship programs, such as the Cooperative Association of States for Scholarships program. | {"src": "billsum_train", "title": "To authorize assistance to the people of the Republic of Haiti to fund scholarships for talented disadvantaged students in Haiti to continue their education in the United States and to return to Haiti to contribute to the development of their country, and for other purposes."} | 1,433 | 286 | 0.605041 | 1.995684 | 0.659533 | 4.827206 | 5.154412 | 0.915441 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Saudi Arabia is the center of Wahabbism, the ultra-
purist, jihadist form of Islam followed by members of Al Qaeda.
(2) More than 50 percent of the funding of Hamas, a
Palestinian terrorist organization, comes from Saudi Arabia,
and support for Hamas by Saudi Arabia is increasing despite
President Bush's request to the Government of Saudi Arabia to
discontinue the provision of assistance to Palestinian
terrorist groups.
(3) Prince Nayef bin Abdel Aziz, the Saudi Interior
Minister and a brother of King Fahd, oversees the Saudi
Committee for the Support of Al Quds Intifada, which provides
assistance to the families of Palestinian suicide bombers
through specially designated bank accounts. According to Arab
News, a Saudi daily, a single telethon early last year raised
approximately $112,000,000 for Al Quds.
(4) The Government of Saudi Arabia provided cash payments
of $5,333 to each family of ``martyrs'' killed while trying to
murder Israelis.
(5) In June 2003, a senior Saudi official, Dr. Abdul Wahid
Al-Humaid, published the following quote in a series of Saudi
periodicals: ``The Jews . . . have succeeded in [winning] world
sympathy by playing on the Holocaust and Nazi atrocities. The
result has been a world that gradually shifted from disliking
Jews to sympathizing with them. The Jews are masters at
manipulating the media, money, world organizations and pressure
groups.''.
(6) In the spring of 2002, United States Armed Forces in
Sarajevo discovered in the office of the Saudi High Commission
for Relief of Bosnia and Herzegovina documents that proved that
Saudi Arabia provided funding to Hamas to enable it to produce
a short-range missile called the ``Qassam''.
(7) During the summer of 2000 in San Diego, a known Saudi
intelligence agent, Omar al-Bayoumi, hosted Khalid Almihdhar
and Nawaf Alhazmi, two of the individuals who subsequently
hijacked commercial aircraft on September 11, 2001, and crashed
the aircraft into the twin towers of the World Trade Center in
New York City and into the Pentagon. Al-Bayoumi met Almihdhar
and Alhazmi in Los Angeles, directed them to a Muslim community
in San Diego, and even wrote a check for their apartment
deposit.
(8) The wife of the Saudi Ambassador to the United States,
Princess Haifa al-Faisal, transferred $15,000 in 1998, and then
$2,000 a month thereafter, to a Saudi resident of San Diego,
Osama Bassnan. During the same period, Bassnan and another man
who apparently also received Saudi financial support helped two
other individuals who subsequently committed the terrorist
attacks on September 11, 2001.
(9) For more than a month after the terrorist attacks that
occurred on September 11, 2001, the Government of Saudi Arabia
refused to freeze the financial assets of Osama bin Laden, the
individual who masterminded the terrorist attacks.
(10) Assistant Director of the Federal Bureau of
Investigation Robert M. Bryant stated that the Government of
Saudi Arabia has prevented FBI investigators from interviewing
any civilians who witnessed or may have been involved in the
bombing in 1996 of Khobar Towers, a United States military
housing installation in Saudi Arabia, in which 19 United States
servicemen were killed.
(11) In April 1995, the Government of Saudi Arabia
prevented the United States Government from apprehending Imad
Mighniyah, the head of the Palestinian terrorist organization
Hezbollah, and who had planned the bombing in 1983 of the
United States Marine barracks in Beirut, Lebanon, in which 241
Marines were killed. The Government of Saudi Arabia ignored the
request of United States National Security Advisor Anthony Lake
to allow the aircraft that was carrying Mighniyah to land in a
location where Mighniyah could be apprehended.
(12) During the first Gulf War, Saudi officials would not
allow United States troops to hold formal Christmas services on
Saudi territory, even as the United States was protecting Saudi
Arabia from Iraqi invasion.
SEC. 2. PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES.
No funds appropriated or otherwise made available pursuant to an
Act making appropriations for foreign operations, export financing, and
related programs may be obligated or expended to finance directly any
assistance or reparations to Cuba, Libya, North Korea, Iran, Saudi
Arabia, or Syria. For purposes of the preceding sentence, the
prohibition on obligations or expenditures shall include direct loans,
credits, insurance, and guarantees of the Export-Import Bank of the
United States or its agents. | Prohibits appropriated foreign assistance funds (including direct loans, credits, insurance, and guarantees of the U.S. Export-Import Bank) from being expended to finance directly any assistance or reparations to Cuba, Libya, North Korea, Iran, Saudi Arabia, or Syria. | {"src": "billsum_train", "title": "To prohibit assistance or reparations to Cuba, Libya, North Korea, Iran, Saudi Arabia, and Syria."} | 1,051 | 62 | 0.222268 | 0.621922 | -0.132459 | 6.84 | 18.66 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Starting Early Starting Right Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Children in child care learn and develop skills they
need to succeed in school and in life. Child care is also
fundamental to helping families get ahead by giving parents the
support and peace of mind they need to be productive at work.
(2) Child care teachers and providers carry the
responsibility of providing a safe, nurturing, and stimulating
setting for children entrusted to them each day.
(3) In 2006, the average wage for a child care worker was
$9.05 per hour or $18,820 annually. For full-time, full-year
work this is only slightly above the 2006 poverty guidelines of
$16,600 for a mother with 2 children.
(4) As a result of low wages and limited benefits, many
child care providers do not work for long periods in the child
care field. Only 65 percent of those employed in the child care
field in 2005 were still working in child care in 2006. Such
high turnover rates deny children consistent and stable
relationships with their teachers.
(5) Current reimbursement rates for child care providers
receiving Federal funds are insufficient to recruit and retain
qualified child care providers and to ensure high-quality early
care and education services for children.
(6) Research shows that high-quality child care helps low-
income children enter school ready to succeed. One study found
that children who had enrolled in high-quality child care
demonstrated greater mathematical ability and thinking and
attention skills, and experienced fewer behavior problems than
other children in second grade. Effects were particularly
strong for low-income children.
(7) Millions of low-income children could benefit from
high-quality child care. In 2007, 10,500,000 children under age
6 (43 percent) lived in low-income families (families with
incomes below 200 percent of poverty).
(8) Inadequate funding has reduced the number of children
with access to child care. Only about 1 in 7 eligible children
receives Federal child care assistance.
(9) Many women work in low-wage jobs and cannot cover the
cost of child care. For example, two-thirds of working poor
families headed by single mothers who paid for child care spent
at least 40 percent of their cash income on child care.
(10) Problems with child care can make it difficult for
parents, particularly low-income parents, to work, causing them
to lose wages, be denied a promotion, or lose their jobs.
(11) Research shows that single mothers and former welfare
recipients who received child care assistance were much more
likely to remain employed after 2 years than those who did not
receive child care assistance.
(b) Purpose.--The purpose of this Act is to improve--
(1) access to high-quality early learning and child care
for low-income children and working families; and
(2) the quality of child care and the number of high-
quality child care providers.
SEC. 3. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF
1990.
(a) Authorization of Appropriations.--Section 658B of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is
amended by striking ``subchapter'' and all that follows and inserting
``subchapter $4,127,181,000 for fiscal year 2010 and such sums as may
be necessary for each of fiscal years 2011 through 2014.''.
(b) Application and Plan.--Section 658E(c) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (E)--
(i) redesignating clause (ii) as clause
(iii); and
(ii) by inserting after clause (i), the
following:
``(ii) Site visits.--Certify that the State
has in effect licensing requirements applicable
to child care providers within the State that
include one annual announced and one annual
unannounced visit to each site at which the
provider provides child care services. Nothing
in the preceding sentence shall be construed to
require that licensing requirements be applied
to specific types of providers of child care
services.
``(iii) Training.--Certify that the State
has in effect licensing or registration
requirements applicable to child care providers
within the State that require, within 3 years
of the date of enactment of the Starting Early
Starting Right Act, that every lead teacher or
aide of the provider, and each family child
care provider--
``(I) have at least 40 hours of
appropriate health, safety, and child
development training prior to their
employment with or operation as a
provider (as determined in accordance
with guidelines to be issued by the
Secretary); and
``(II) have at least 24 hours of
annual training in appropriate health,
safety, and child development training
(as determined in accordance with
guidelines to be issued by the
Secretary).
``(iv) Other training.--Certify that the
State has a plan to implement, within 3 years
of the date of enactment of the Starting Early
Starting Right Act, pre- and in-service
training requirements applicable to child care
providers that provide services for which
assistance is made available under this
subchapter.
``(v) Training for limited english
proficient (lep) providers.--Certify that the
State has a plan to provide for the training of
child care service providers with limited-
English-proficiency to provide high-quality
child care services.'';
(B) in subparagraph (H)--
(i) by striking ``Demonstrate the manner''
and inserting the following:
``(i) In general.--Demonstrate the
manner''; and
(ii) by adding at the end the following:
``(iii) Specific needs.--Demonstrate the
manner in which the State will meet the
specific child care needs of low-income and
working families, including--
``(I) the outreach strategies to be
used to reach hard-to-serve children,
including low-income children, English
language learners, children with
special needs, and children in rural
areas;
``(II) the use of contracts with
child care centers, family child care
homes, and organizations that manage
and support family child care networks
to reach hard-to-serve children and
underserved communities;
``(III) the use of pilot or
demonstration projects to increase the
supply of high-quality child care in
underserved communities;
``(IV) the use of pilot or
demonstration projects that demonstrate
effective techniques and approaches of
specialized training for child care
service providers with limited-English-
proficiency to improve their ability to
provide high-quality child care
services; and
``(V) the use of pilot or
demonstration projects that demonstrate
effective techniques and approaches of
specialized training for child care
providers working with children with
developmental disabilities.''; and
(C) by adding at the end the following:
``(I) Continuous care.--Demonstrate how the State
is implementing practices and procedures to help ensure
that children receive continuous care from the same
provider, including through--
``(i) the use of contracts with child care
centers, family child care homes, and
organizations that manage and support family
child care networks for underserved
populations;
``(ii) extending periods of redetermination
for all families to 1 year;
``(iii) extending periods of job search
eligibility; and
``(iv) informing families and providers
that eligibility is ending in a timely manner
and in multiple formats.''; and
(2) in paragraph (4)--
(A) by redesignating subparagraph (B) as
subparagraph (D); and
(B) by inserting after subparagraph (A), the
following:
``(B) In general.--The State plan shall provide
information demonstrating that the State is ensuring
that payment rates for the provision of child care
services for which assistance is provided under this
subchapter are equal to or exceed the 75th percentile
of the current market rate for all types of child care,
based on a research-based market rate survey that
includes variations for geography, age of children, and
provider type.
``(C) Child care for special populations.--The
State plan shall describe efforts to address the need
for child care for special populations, including care
in low-income and rural areas, care for infants and
toddlers, care for children with special needs, care
for other populations, and care during nonstandard
hours, such as paying rates for the provision of child
care services for which assistance is provided under
this subchapter that exceed the 75th percentile of a
current market rate for all types of care (based on the
survey under subparagraph (B).''.
(c) Activities To Improve the Quality of Child Care.--Section 658G
of the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858e) is amended to read as follows:
``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
``(a) In General.--A State that receives funding to carry out this
subchapter for a fiscal year, shall use not less than 15 percent of the
amount of such funds for activities that are designed to improve the
quality of child care, including the implementation of 1 or more of the
following:
``(1) Developing and implementing a Quality Rating and
Improvement System (referred to in this section as the `QRIS')
for child care centers and family child care homes, including
criteria appropriate for each age group eligible for assistance
under this subchapter with levels that lead to nationally
recognized high standards.
``(2) Providing assistance for education, training, and
compensation initiatives to assist child care providers in
meeting and maintaining the criteria for achieving
progressively higher rating levels under the QRIS.
``(3) Providing grants and other types of assistance,
including mentoring, to assist child care providers in meeting
and maintaining the criteria for achieving progressively higher
rating levels under the QRIS.
``(4) Maintaining a Statewide network of child care
resource and referral programs.
``(5) Inspecting and monitoring child care programs.
``(6) Providing grants to assist child care providers,
including those who are limited-English-proficient, in becoming
licensed or regulated and in meeting pre-service and ongoing
training requirements.
``(7) Offering other assistance to child care providers to
strengthen the quality of child care, including support for
education and training initiatives tied to compensation.
``(8) Providing grants to assist child care providers who
are not required to be licensed or registered in receiving
appropriate training and support.
``(9) Developing and implementing technological resources
to assist low-income families in applying for child care
assistance as well as to educate families concerning the range
of and quality ratings of various child care providers.
``(b) Extension for Full-Day Care.--A State that receives funding
to carry out this subchapter for a fiscal year, shall use not less than
5 percent of the amount of such funds for activities that are designed
to fund activities to extend the day or year for those children who are
eligible for child care services and attend part day or year programs.
``(c) High-Quality Care for Infants and Toddlers.--A State that
receives funding to carry out this subchapter for a fiscal year shall
use not less than 30 percent of the amount of such funds for activities
that are designed to fund initiatives to improve the quality and expand
the availability of high-quality care for infants and toddlers.''.
(d) Reporting Requirements.--Section 658K(a) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)) is amended by
adding at the end the following:
``(3) Biannual reports.--Not later than December 31, 2009,
and every 2 years thereafter, a State that operates a Quality
Rating and Improvement System (referred to in this section as
the `QRIS') shall prepare and submit to the Secretary a report
that includes aggregate data concerning--
``(A) the number of licensed centers and family
child care providers in the State;
``(B) the number of child care providers in each
level of the State QRIS, listed by type, race and
ethnicity, geographic area of the State, and number of
children that each such provider is licensed to serve;
``(C) the disaggregated number and percentages of
children receiving child care assistance under this
subchapter in each level of the State QRIS;
``(D) whether any change occurred in the number and
percentage of child care providers in each level of the
State QRIS, listed by type, geographic area of the
State, and number of children each such provider is
licensed to serve;
``(E) the disaggregated number and percentage of
children receiving child care assistance under this
subchapter who are receiving care from child care
providers in a higher-quality level (as determined
under the State QRIS) as compared to the previous 12-
month period;
``(F) the disaggregated number of child care
providers in low-income communities who have moved up
to a higher-quality level of child care (as determined
under the State QRIS) as compared to the previous 12-
month period; and
``(G) the average child care reimbursement rate
under this subchapter at each level of the State QRIS,
listed by provider type, race and ethnicity, and
geographic area of the State.
``(4) 5-year report.--Not later than December 31, 2014, and
every 5 years thereafter, a State described in paragraph (1)(A)
shall prepare and submit to the Secretary a report that
includes aggregate data concerning the average individual
compensation paid for each of the following in all licensed
child care programs, disaggregated by race, ethnicity,
credentials, and program type in the State:
``(A) Lead teacher.
``(B) Classroom assistant or aide.
``(C) Family child care provider.
``(D) Family child care assistant.''. | Starting Early Starting Right Act - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations to carry out the Child Care and Development Block Grant program for FY2011-FY2014.
Requires the state plan under the Act to certify that the state has in effect: (1) licensing requirements applicable to child care providers within the state that include one annual announced and one annual unannounced visit to each site at which the provider provides child care services; and (2) licensing or registration requirements pertaining to training.
Requires the state plan to: (1) demonstrate the manner in which the state will meet the specific child care needs of low-income and working families and how it is implementing practices and procedures to help ensure that children receive continuous care from the same provider; (2) provide information demonstrating that the state is ensuring that payment rates for the provision of child care services for which assistance is provided are equal to or exceed the 75th percentile of the current market rate for all types of child care; and (3) describe efforts to address the need for child care for special populations.
Increases from 4% to 15% the maximum amount of child care and development block grant funds that a state may use for specified activities designed to improve the quality of child care. Provides for minimum funding set-asides for: (1) extension of full-day care; and (2) high-quality care for infants and toddlers. | {"src": "billsum_train", "title": "A bill to amend the Child Care and Development Block Grant Act of 1990 to improve access to high quality early learning and child care for low-income children and working families, and for other purposes."} | 3,138 | 298 | 0.507292 | 1.65561 | 0.691228 | 5.060071 | 10.583039 | 0.939929 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Dream Downpayment Act''.
SEC. 2. DOWNPAYMENT ASSISTANCE INITIATIVE UNDER HOME PROGRAM.
(a) Downpayment Assistance Initiative.--Subtitle E of title II of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12821)
is amended to read as follows:
``Subtitle E--Other Assistance
``SEC. 271. DOWNPAYMENT ASSISTANCE INITIATIVE.
``(a) Grant Authority.--The Secretary may make grants to
participating jurisdictions to assist low-income families to achieve
homeownership, in accordance with this section.
``(b) Eligible Activities.--
``(1) In general.--Grants made under this section may be
used only for downpayment assistance toward the purchase of
single family housing by low-income families who are first-time
homebuyers.
``(2) Definition.--For purposes of this subtitle, the term
`downpayment assistance' means assistance to help a family
acquire a principal residence.
``(c) Housing Strategy.--To be eligible to receive a grant under
this section for a fiscal year, a participating jurisdiction shall
include in its comprehensive housing affordability strategy submitted
under section 105 for such year, a description of the use of the grant
amounts.
``(d) Formula Allocation.--
``(1) In general.--For each fiscal year, the Secretary
shall allocate any amounts made available for assistance under
this section for the fiscal year in accordance with a formula,
established by the Secretary, that considers a participating
jurisdiction's need for and prior commitment to assistance to
homebuyers.
``(2) Allocation amounts.--The formula referred to in
paragraph (1) may include minimum and maximum allocation
amounts.
``(e) Reallocation.--
``(1) In general.--Except as provided in paragraph (2), if
any amounts allocated to a participating jurisdiction under
this section become available for reallocation, the amounts
shall be reallocated to other participating jurisdictions in
accordance with the formula established pursuant to subsection
(d).
``(2) Exception.--If a local participating jurisdiction
failed to receive amounts allocated under this section and is
located in a State that is a participating jurisdiction, the
funds shall be reallocated to the State.
``(f) Applicability of Other Provisions.--
``(1) In general.--Except as otherwise provided in this
section, grants made under this section shall not be subject to
the provisions of this title.
``(2) Applicable provisions.--In addition to the
requirements of this section, grants made under this section
shall be subject to the provisions of title I, sections 215(b),
218, 219, 221, 223, 224, and 226(a) of subtitle A of this
title, and subtitle F of this title.
``(3) References.--In applying the requirements of subtitle
A referred to in paragraph (2)--
``(A) any references to funds under subtitle A
shall be considered to refer to amounts made available
for assistance under this section; and
``(B) any references to funds allocated or
reallocated under section 217 or 217(d) shall be
considered to refer to amounts allocated or reallocated
under subsection (d) or (e) of this section,
respectively.
``(g) Administrative Costs.--Notwithstanding section 212(c), a
participating jurisdiction may use funds under subtitle A for
administrative and planning costs of the jurisdiction in carrying out
this section, and the limitation in section 212(c) shall be based on
the total amount of funds available under subtitle A and this section.
``(h) Funding.--
``(1) Fiscal year 2002.--This section constitutes the
subsequent legislation authorizing the Downpayment Assistance
Initiative referred to in the item relating to the `HOME
Investment Partnerships Program' in title II of the Departments
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2002 (Public Law 107-
73; 115 Stat. 666).
``(2) Subsequent fiscal years.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of
fiscal years 2003 through 2006.''.
(b) Relocation Assistance and Downpayment Assistance.--Subtitle F
of title II of the Cranston-Gonzalez National Affordable Housing Act is
amended by inserting after section 290 (42 U.S.C. 12840) the following:
``SEC. 291. RELOCATION ASSISTANCE AND DOWNPAYMENT ASSISTANCE.
``The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 shall not apply to downpayment assistance under
this title.''.
SEC. 3. REAUTHORIZATION OF SHOP PROGRAM.
Section 11(p) of the Housing Opportunity Program Extension Act of
1996 (42 U.S.C. 12805 note) is amended by striking ``such sums as may
be necessary for fiscal year 2001'' and inserting ``$65,000,000 for
fiscal year 2003 and such sums as may be necessary for fiscal year
2004''.
SEC. 4. REAUTHORIZATION OF HOPE VI PROGRAM.
(a) Authorization of Appropriations.--Section 24(m)(1) of the
United States Housing Act of 1937 (42 U.S.C. 1437v(m)(1)) is amended by
striking ``$600,000,000'' and all that follows through ``2002'' and
inserting the following: ``$574,000,000 for fiscal year 2003''.
(b) Sunset.--Section 24(n) of the United States Housing Act of 1937
(42 U.S.C. 1437v(n)) is amended by striking ``September 30, 2002'' and
inserting ``September 30, 2003''. | American Dream Downpayment Act - Amends the Cranston-Gonzalez National Affordable Housing Act to direct the Secretary of Housing and Urban Development to make grants to participating jurisdictions for downpayment assistance to low-income, first-time home buyers.Amends the Housing Opportunity Program Extension Act of 1996 to authorize appropriations for the self-help housing homeownership program.Amends the United States Housing Act of 1937 to extend, and authorize appropriations for, the HOPE VI program. | {"src": "billsum_train", "title": "A bill to support certain housing proposals in the fiscal year 2003 budget for the Federal Government, including the downpayment assistance initiative under the HOME Investment Partnerships Act, and for other purposes."} | 1,330 | 108 | 0.560406 | 1.384774 | 0.587679 | 3.388235 | 13.082353 | 0.894118 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Systemic Risk Mitigation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Average daily closing price.--
(A) In general.--The term ``average daily closing
price'' means the average daily closing price of a
credit default swap on long-term subordinated debt of a
bank holding company during a 30-day period.
(B) Regulations.--The Board, through regulations,
shall develop a method to determine the daily closing
price of a credit default swap on long-term
subordinated debt of a bank holding company and shall
calculate the average daily closing price accordingly.
(2) Bank holding company.--The term ``bank holding
company'' has the same meaning given such term in section 2 of
the Bank Holding Company Act of 1956 (12 U.S.C. 1841), but
shall only include such companies with total consolidated
assets greater than or equal to $50,000,000,000.
(3) Board.--The term ``Board'' means the Board of Governors
of the Federal Reserve System.
(4) Credit default swap.--The term ``credit default swap''
has the same meaning given the term ``swap agreement'' in
section 206A of the Gramm-Leach-Bliley Act (15 U.S.C. 78c nt).
(5) Long-term subordinated debt.--The term ``long-term
subordinated debt'' means unsecured bonds or other debt
instruments issued by a bank holding company that--
(A) is subordinated to the claims of depositors or
general creditors; and
(B) has a maturity date not less than 5 years.
(6) Stress test.--
(A) In general.--The term ``stress test'' means an
evaluation designed by the Board to determine whether a
bank holding company--
(i) has the capital, on a total
consolidated basis, necessary to absorb losses
as a result of adverse economic conditions; and
(ii) is sufficiently capitalized to meet
systemically important obligations.
(B) Regulations.--The term ``systemically important
obligation'' shall be defined in regulations prescribed
by the Board.
(7) Tier 1 capital.--The term ``tier 1 capital'' has the
same meaning given in part 225 of title 12, Code of Federal
Regulations, as in effect on the date of enactment of this Act,
or any successor thereto.
SEC. 3. MARKET-BASED TRIGGER TO DETERMINE ADEQUACY OF CAPITAL.
(a) Market-Based Trigger.--
(1) Greater than 50 basis points.--
(A) In general.--In the case that the average daily
closing price exceeds 50 basis points--
(i) the Board shall notify the bank holding
company that it needs to raise additional tier
1 capital in order to reduce such closing price
below 50 basis points;
(ii) not later than 14 days (or less if the
Board makes a determination that conditions
warrant a shorter period of time) after such
notification under clause (i), such company
shall submit to the Board an action plan
detailing how the company intends on
remediating its capital deficiency;
(iii) such company has 30 days to implement
the plan submitted under clause (ii) after such
plan is approved by the Board; and
(iv) if after the end of the 30-day period
described in clause (iii) the average daily
closing price exceeds 50 basis points, the
Board and such company shall repeat clause (i)
through (iii) until such closing price is less
than or equal to 50 basis points.
(B) Appeal.--
(i) In general.--A bank holding company may
appeal the findings of the Board under
subparagraph (A) and request that the Board
conduct a stress test.
(ii) Tolling.--An appeal made pursuant to
clause (i) shall toll any deadline specified
under subparagraph (A) until the conclusion of
the appeals process.
(iii) Capital deficiency.--If the Board
determines, after conducting a stress test
pursuant to clause (i), that the bank holding
company has a capital deficiency, the Board and
the bank holding company shall repeat clause
(i) through (iii) of subparagraph (A) in
accordance with clause (iv) of such
subparagraph.
(2) Greater than 75 basis points.--In the case that the
average daily closing price exceeds 75 basis points--
(A) the Board shall notify the bank holding company
in accordance with clause (i) of paragraph (1)(A);
(B) such company shall submit and implement an
action plan in accordance with clause (ii) and (iii) of
paragraph (1)(A);
(C) the Board may suspend or limit dividends paid
by the bank holding company until such company's
average daily closing price is less than or equal to 50
basis points;
(D) the Board shall notify the company that it will
be placed into receivership in accordance with
paragraph (3) if the average daily closing price
exceeds 100 basis points;
(E) the Board shall conduct a stress test; and
(F) if the Board determines, after conducting a
stress test pursuant to subparagraph (E), that such
company has a capital deficiency, not later than 14
days (or less if the Board makes a determination that
conditions warrant a shorter period of time) after such
stress test is completed, such company shall submit and
implement an action plan in accordance with clause (ii)
and (iii) of paragraph (1)(A).
(3) Greater than 100 basis points.--In the case that the
average daily closing price exceeds 100 basis points, the Board
shall place the company into receivership in accordance with
the orderly liquidation authority provided under title II of
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5381 et seq.).
(b) Failure To Submit Action Plan.--A failure by a bank holding
company to submit an action plan pursuant to subsection (a) within the
time period required under such subsection shall result in the Board
placing such company into receivership as described in subsection
(a)(3).
(c) Limitation on Claims for Holders of Long-Term Subordinated
Debt.--Any entity that is a holder of long-term subordinated debt of a
bank holding company that has been placed into receivership pursuant to
this section shall receive the lesser of--
(1) 80 percent of the face value of such debt; or
(2) the residual value of such company after all other
claims of other creditors have been satisfied.
(d) Subordinated Debt Requirement.--
(1) In general.--The Board shall require each bank holding
company to issue and maintain long-term subordinated debt in an
amount greater than or equal to 15 percent of the total
consolidated assets of such company.
(2) Deadline.--A bank holding company shall meet the
requirement set forth in paragraph (1) no later than the
effective date of this section.
(3) Failure to meet requirement.--If a bank holding company
fails to meet the requirement set forth in paragraph (1), such
company shall submit a plan to the Board describing the steps
the company will take to meet such requirement.
(e) Effective Date.--This section shall take effect 2 years after
the date of the enactment of this Act.
SEC. 4. REPEAL.
(a) Prohibitions on Proprietary Trading.--Section 13 of the Bank
Holding Company Act of 1956 (12 U.S.C. 1851) is repealed.
(b) Enhanced Prudential Standards.--Section 165 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365) is
repealed. | Systemic Risk Mitigation Act - Establishes a framework for a market-based trigger to monitor and regulate the adequacy of bank capital of those bank holding companies whose total consolidated assets are $50 billion or more. Directs the Board of Governors of the Federal Reserve System to notify a bank holding company whose average daily closing price exceeds either 50 basis points, or 75 basis points, that it must raise additional tier 1 capital in order to reduce such thresholds. Requires the Board to place into receivership a bank holding company whose average daily closing price exceeds 100 basis points, in accordance with the orderly liquidation authority provided under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Subjects to receivership a bank holding company that, after notification by the Board, fails to submit an action plan required under this Act. Sets forth a limitation upon claims of holders of the long-term subordinated debt of a bank holding company that has been placed into receivership. Directs the Board to require each bank holding company to issue and maintain long-term subordinated debt of at least 15% of its total consolidated assets. Amends the Bank Holding Company Act of 1956 to repeal prohibitions against proprietary trading and certain relationships with hedge funds and private equity funds. Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to repeal requirements for enhanced supervision and prudential standards for Board-supervised nonbank financial companies and certain bank holding companies. | {"src": "billsum_train", "title": "Systemic Risk Mitigation Act"} | 1,761 | 330 | 0.556429 | 1.592188 | 0.796835 | 3.996377 | 5.652174 | 0.836957 |
TO SPECIFY ITS CONSTITUTIONAL
AUTHORITY, CURRENT LAW.
Chapter 2 of title 1, United States Code, is amended by inserting
after section 105 the following:
``Sec. 105a. Text of bill or resolution to specify its constitutional
authority
``(a) Requirement.--
``(1) In general.--Any bill or resolution introduced in
either House of Congress shall contain a provision citing the
specific powers granted to Congress in the Constitution of the
United States to enact the proposed bill or resolution,
including all the provisions thereof.
``(2) Failure to comply.--Any bill or resolution not in
compliance with subsection (a)(1) shall not be accepted by the
Clerk of the House of Representatives or the Secretary of the
Senate.
``(b) Floor Consideration.--
``(1) In general.--The requirements of subsection (a)(1)
shall apply to any bill or resolution presented for
consideration on the floor of either House of Congress,
including those bills or resolutions reported from a committee
of either House of Congress, produced by conference between the
2 Houses of Congress, or offered as a manager's amendment.
``(2) Failure to comply.--Any bill or resolution not
complying with subsection (A)(i) shall not be submitted for a
vote on final passage.
``(c) No Waiver or Modification.--Neither House of Congress, nor
Congress jointly, by concurrent resolution, or by unanimous consent, or
by any other order, resolution, vote, or other means, may dispense
with, or otherwise waive or modify, the requirements set forth in this
section.
``Sec. 105b. Text of bill or resolution to set forth current law
``(a) Requirement.--
``(1) In general.--Any bill or resolution introduced in
either House of Congress, designed to amend or modify the
effect of, or which would have the effect of amending or
modifying the effect of, any current provision of law,
including the expiration date of any law, shall set forth--
``(A) the current version of the entire section of
the Act of Congress being amended, verbatim;
``(B) the amendments being proposed by the bill;
and
``(C) the current section of law as it would read
as modified by the amendments proposed, except that
this subparagraph shall not apply to any bill or
resolution which would strike the text of an entire
section of an Act of Congress.
``(2) Failure to comply.--Any bill or resolution not
complying with this subsection shall not be accepted by the
Clerk of the House of Representatives or the Secretary of the
Senate.
``(b) Floor Consideration.--
``(1) In general.--The requirements of subsection (a)(1)
shall apply to all bills or resolutions presented for
consideration on the floor of either House of Congress,
including those reported from a committee of either House of
Congress, produced by conference between the 2 Houses of
Congress or offered as a manager's amendment.
``(2) Failure to comply.--Any bill or resolution not
complying with this subsection shall not be submitted to a vote
on final passage.
``(c) No Waiver or Modification.--Neither House of Congress, nor
Congress jointly, by concurrent resolution, or by unanimous consent, or
by any other order, resolution, vote, or other means, may dispense
with, or otherwise waive or modify, the requirements set forth in this
section.
``Sec. 105c. Procedures prior to vote on bill or resolution
``(a) In General.--A vote on final passage of a bill (except for
private bills) or resolution may not occur in either House of Congress,
unless--
``(1) the full text of the bill or resolution is published
at least 7 days before the vote on an official Internet website
of each House of Congress, easily available to and readily
usable by the public, using an open format that is platform
independent, machine readable, and available without
restrictions respecting searching, retrieval, downloading, and
indexing, separate and apart from the calendar of the Senate or
the House of Representatives;
``(2) public notice of the specific calendar week during
which the vote is scheduled to take place is posted on the
official Internet website described in paragraph (1) not less
than 6 days before the Monday of the calendar week during which
the vote is scheduled to take place, with failure to take the
vote during the noticed week requiring a new notice; and
``(3) reading of its full text verbatim by the Clerk of the
House of Representatives or Secretary of the Senate to the
respective body of each House called to order and physically
assembled with a constitutionally required quorum to do
business being present throughout the time of the full textual
reading of said bill, except that if a bill or resolution is
enrolled by either House of Congress, for any subsequent
consideration of the enrolled bill or resolution--
``(A) the full text need not be reread before the
House of Congress which passed the bill; and
``(B) the full text verbatim of any amendment to
the text of the enrolled bill or resolution shall be
read.
``(b) Affidavit.--
``(1) In general.--Before voting in favor of final passage
of any bill (except a private bill) or resolution, a Member of
the Senate and a Member of the House of Representatives shall
sign an affidavit executed under penalty of perjury as provided
in section 1621 of title 18, United States Code, that the
Member either--
``(A) was present throughout the entire reading of
each such bill or resolution, and listened attentively
to such reading in its entirety;
``(B) prior to voting for passage of such bill,
read attentively each such bill in its entirety; or
``(C) some combination of clause (i) or (ii).
``(2) Vote against passage.--A Member of the Senate or a
Member of the House of Representatives shall not be required to
sign an affidavit described in paragraph if the Member votes
against the passage of a bill or resolution.
``(3) Records.--Copies of each affidavit described in
paragraph (1) signed by a Member of the Senate and a Member of
the House of Representatives shall be maintained by the
Secretary of the Senate and the Clerk of the House of
Representatives, respectively.
``(c) Journal.--With respect to each vote on final passage of a
bill (except for a private bill) or resolution, each House of Congress
shall cause to be recorded in the journal of its proceedings that the
publishing, notice, reading, and affidavit requirements under this
section have been met.
``(d) No Waiver or Modification.--Neither House of Congress, nor
Congress jointly, by concurrent resolution, or by unanimous consent, or
by any other order, resolution, vote, or other means, may dispense
with, or otherwise waive or modify, the requirements set forth in this
section.
``Sec. 105d. Enforcement clause
``(a) In General.--An Act of Congress that does not comply with
sections 105a, 105b, and 105c shall have no force or effect and no
legal, equitable, regulatory, civil, or criminal action may be brought
under such an Act of Congress.
``(b) Cause of Action.--Without regard to the amount in
controversy, a cause of action under sections 2201 and 2202 of title
28, United States Code, against the United States seeking appropriate
relief (including an injunction against enforcement of any law, the
passage of which did not conform to the requirements of sections 105a,
105b, and 105c) may be brought by--
``(1) any person aggrieved by any action of any officer or
employee in the executive branch of the Federal Government
under any Act of Congress that does not comply with sections
105a, 105b, and 105c;
``(2) any Member of Congress aggrieved by the failure of
the House of Congress of which the Member is a Member to comply
with sections 105a, 105b, and 105c; and
``(3) any person individually aggrieved by the failure of
the Senator of the State in which the aggrieved person resides
or Member of the House of Representatives for the District in
which the aggrieved person resides to fulfill the obligations
of the Senator or Member of the House of Representatives under
sections 105a, 105b, and 105c.''.
SEC. 5. SEVERABILITY CLAUSE.
If any provision of this Act or an amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be invalid for any reason in any court of
competent jurisdiction, the remainder of this Act and amendments made
by this Act, and the application of the provisions and amendment to any
other person or circumstance, shall not be affected. | Read the Bills Act - Requires any bill or resolution introduced in either chamber of Congress to contain a provision citing the specific powers granted to Congress in the Constitution to enact the proposed measure, including all of its provisions.
Requires any measure introduced in either chamber, designed to amend or modify the effect of, or which would have such an effect, any current provision of law, including its expiration date, to set forth: (1) the current version of the entire section of the Act of Congress being amended, verbatim; (2) the amendments being proposed by the bill; and (3) the current section of law as it would read as modified by such amendments. Excludes measures which would strike the text of an entire section of an Act of Congress.
Prohibits the Clerk of the House of Representatives or the Secretary of the Senate from accepting legislation if it is noncompliant with these requirements.
Applies such requirements to any legislation presented for consideration on the floor of either chamber.
Prohibits any noncompliant measure from being submitted for a vote on final passage.
Prohibits either chamber of Congress jointly from waiving or modifying these requirements.
Bars a vote on final passage of a measure (except private bills) from occurring in either chamber, unless: (1) the full text of the measure is published at least seven days before the vote on an official website of each chamber, (2) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the respective website within six days before the Monday of such week, and (3) there is a reading of its full text verbatim by the Clerk or the Secretary to the respective chamber.
Requires a Member of Congress, before voting in favor of final passage of any measure (except a private bill) to sign an affidavit, executed under penalty of perjury, that the Member either: (1) was present throughout the entire reading of each such measure, and listened attentively to such reading in its entirety; (2) before such vote, read attentively each such bill in its entirety; or (3) did a combination of both.
Prohibits either chamber or Congress jointly from waiving or modifying this requirement.
Declares that an Act of Congress noncompliant with this Act shall have no force or effect. Bars any legal, equitable, regulatory, civil, or criminal action from being brought under such Act.
Grants the following aggrieved individuals the right to bring an action against the United States to seek appropriate relief, including an injunction against the enforcement of any law, the passage of which did not conform to this Act: (1) persons aggrieved by an action of any executive officer or employee, (2) Members of Congress, and (3) persons individually aggrieved by the failure of his or her Senator or Member of the House of Representatives to fulfill their obligation under this Act. | {"src": "billsum_train", "title": "A bill to preserve the constitutional authority of Congress and ensure accountability and transparency in legislation."} | 1,986 | 621 | 0.621888 | 1.952549 | 0.713054 | 4.322124 | 3.269027 | 0.895575 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``P2P Cyber Protection and Informed
User Act''.
SEC. 2. CONDUCT PROHIBITED.
(a) Notice and Consent Required for File-Sharing Software.--
(1) Notice and consent required prior to installation.--It
is unlawful for any covered entity to install on a protected
computer or offer or make available for installation or
download on a protected computer a covered file-sharing program
unless such program--
(A) immediately prior to the installation or
downloading of such program--
(i) provides clear and conspicuous notice
that such program allows files on the protected
computer to be made available for searching by
and copying to one or more other computers; and
(ii) obtains the informed consent to the
installation of such program from an owner or
authorized user of the protected computer; and
(B) immediately prior to initial activation of a
file-sharing function of such program--
(i) provides clear and conspicuous notice
of which files on the protected computer are to
be made available for searching by and copying
to another computer; and
(ii) obtains the informed consent from an
owner or authorized user of the protected
computer for such files to be made available
for searching and copying to another computer.
(2) Non-application to pre-installed software.--Nothing in
paragraph (1)(A) shall apply to the installation of a covered
file-sharing program on a computer prior to the first sale of
such computer to an end user, provided that notice is provided
to the end user who first purchases the computer that such a
program has been installed on the computer.
(3) Non-application to software upgrades.--Once the notice
and consent requirements of paragraphs (1)(A) and (1)(B) have
been satisfied with respect to the installation or initial
activation of a covered file-sharing program on a protected
computer after the effective date of this Act, the notice and
consent requirements of paragraphs (1)(A) and (1)(B) do not
apply to the installation or initial activation of software
modifications or upgrades to a covered file-sharing program
installed on that protected computer at the time of the
software modifications or upgrades so long as those software
modifications or upgrades do not--
(A) make files on the protected computer available
for searching by and copying to one or more other
computers that were not already made available by the
covered file-sharing program for searching by and
copying to one or more other computers; or
(B) add to the types or locations of files that can
be made available by the covered file-sharing program
for searching by and copying to one or more other
computers.
(b) Preventing the Disabling or Removal of Certain Software.--It is
unlawful for any covered entity--
(1) to prevent the reasonable efforts of an owner or
authorized user of a protected computer from blocking the
installation of a covered file-sharing program or file-sharing
function thereof; or
(2) to prevent an owner or authorized user of a protected
computer from having a reasonable means to either--
(A) disable from the protected computer any covered
file-sharing program; or
(B) remove from the protected computer any covered
file-sharing program that the covered entity caused to
be installed on that computer or induced another
individual to install.
(c) Non-Application to Intelligence or Law Enforcement
Activities.--This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or of an intelligence agency of the United
States.
SEC. 3. ENFORCEMENT.
(a) Unfair and Deceptive Acts and Practices.--A violation of
section 2 shall be treated as a violation of a rule defining an unfair
or deceptive act or practice prescribed under section 18(a)(1)(B) of
the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Federal Trade Commission Enforcement.--The Federal Trade
Commission shall enforce this Act in the same manner, by the same
means, and with the same jurisdiction as though all applicable terms
and provisions of the Federal Trade Commission Act were incorporated
into and made a part of this Act.
(c) Preservation of Federal and State Authority.--Nothing in this
Act shall be construed to limit or supersede any other Federal or State
law.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commercial entity.--The term ``commercial entity''
means an entity engaged in acts or practices in or affecting
commerce, as such term is defined in section 4 of the Federal
Trade Commission Act (15 U.S.C. 44).
(2) Covered entity.--The term ``covered entity'' means--
(A) a commercial entity that develops a covered
file-sharing program; and
(B) a commercial entity that disseminates or
distributes a covered file-sharing program and is owned
or operated by the commercial entity that developed the
covered file-sharing program.
(3) Covered file-sharing program.--The term ``covered file-
sharing program''--
(A) means a program, application, or software that
is commercially marketed or distributed to the public
and that enables--
(i) a file or files on the protected
computer on which such program is installed to
be designated as available for searching by and
copying to one or more other computers owned by
another person;
(ii) the searching of files on the
protected computer on which such program is
installed and the copying of any such file to a
computer owned by another person--
(I) at the initiative of such other
computer and without requiring any
action by an owner or authorized user
of the protected computer on which such
program is installed; and
(II) without requiring an owner or
authorized user of the protected
computer on which such program is
installed to have selected or
designated a computer owned by another
person as the recipient of any such
file; and
(iii) the protected computer on which such
program is installed to search files on one or
more other computers owned by another person
using the same or a compatible program,
application, or software, and to copy files
from the other computer to such protected
computer; and
(B) does not include a program, application, or
software designed primarily to--
(i) operate as a server that is accessible
over the Internet using the Internet Domain
Name system;
(ii) transmit or receive e-mail messages,
instant messaging, real-time audio or video
communications, or real-time voice
communications; or
(iii) provide network or computer security,
network management, hosting and backup
services, maintenance, diagnostics, technical
support or repair, or to detect or prevent
fraudulent activities.
(4) Initial activation of a file-sharing program.--The term
``initial activation of a file-sharing function'' means--
(A) the first time the file-sharing function of a
covered file-sharing program is activated on a
protected computer; and
(B) does not include subsequent uses of the program
on that protected computer.
(5) Protected computer.--The term ``protected computer''
has the meaning given such term in section 1030(e)(2) of title
18, United States Code.
SEC. 5. RULEMAKING.
The Federal Trade Commission may promulgate regulations under
section 553 of title 5, United States Code to accomplish the purposes
of this Act. In promulgating rules under this Act, the Federal Trade
Commission shall not require the deployment or use of any specific
product or technology. | P2P Cyber Protection and Informed User Act - Makes it unlawful for any commercial entity that developed a file sharing program or distributed such a program (if the distributor is owned by the developing entity) to install, make available for installation, or download a file sharing program without: (1) immediately before program installation or downloading, providing conspicuous notice that the program allows files to be searched and copied by one or more other computers and obtaining informed consent to the installation; and (2) immediately before initial activation of a file sharing function of the program, providing conspicuous notice of which files will be made available and obtaining informed consent.
Exempts: (1) modifications or upgrades of a program that was originally installed in compliance with this Act, provided certain requirements are met; and (2) pre-installed software.
Makes it unlawful for such an entity to prevent the reasonable efforts of an owner or authorized user to block the installation of such a program or to prevent such a user from having a reasonable way to disable or remove the program.
Makes this Act non-applicable to lawfully authorized investigative, protective, and intelligence activities of U.S. intelligence agencies or of U.S. and state law enforcement agencies.
Treats a violation of this Act as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. Prohibits construing this Act to limit or supersede any other federal or state law. | {"src": "billsum_train", "title": "A bill to prevent the inadvertent disclosure of information on a computer through certain \"peer-to-peer\" file sharing programs without first providing notice and obtaining consent from an owner or authorized user of the computer."} | 1,667 | 317 | 0.694329 | 2.112334 | 0.853333 | 2.928058 | 5.669065 | 0.884892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Ownership Act of 1999''.
SEC. 2. OWNERSHIP POLICY FOR THE UNITED STATES.
(a) Findings.--The Congress finds that--
(1) there is considerable evidence that employee-owned and
employee-controlled corporations are more productive and
provide more wealth to their employees than corporations not so
owned, and
(2) the workplace experience of employee-owned and
employee-controlled corporations is proven to foster greater
appreciation of the economic system of the United States that
relies on ownership of private property and capitalism.
(b) Policy.--It is the policy of the United States that by the year
2010, 30 percent of all United States corporations are owned and
controlled by employees of the corporations.
SEC. 3. TAX INCENTIVES RELATING TO EMPLOYEE-OWNED AND EMPLOYEE-
CONTROLLED CORPORATIONS.
(a) Trust of Employee-Owned and Employee-Controlled Corporation
Exempt From Taxation.--
(1) In general.--Section 501(c) of the Internal Revenue
Code of 1986 (relating to list of exempt organizations) is
amended by adding at the end the following new paragraph:
``(28)(A) employee-owned and employee-controlled
corporation trust.
``(B) For purposes of subparagraph (A), the term `employee-
owned and employee-controlled corporation trust' means a trust
which has as its primary assets the employer securities (within
the meaning of section 409(l)) of an employee-owned and
employee-controlled corporation.
(2) Employee-owned and employee-controlled corporation
defined.--Subsection (a) of section 7701 of such Code (relating
to definitions) is amended by adding at the end the following
new paragraph:
``(47) Employee-owned and employee-controlled
corporation.--The term `employee-owned and employee-controlled
corporation' means a corporation in which--
``(A) more than 50 percent of the voting stock of
such corporation is held by a trust for the benefit of
the employees of that corporation,
``(B) in all matters requiring the vote of stock,
including the election of the board of directors of the
corporation, the trustee of such trust is obligated to
vote the stock held in trust and allocated to
participants in the trust in the manner in which the
participants direct, on the basis of 1-employee 1-vote,
and to vote any stock not so allocated as if it were so
allocated,
``(C) at least 25 employees of such corporation are
participants in and beneficiaries of such trust,
``(D) a minimum of 90 percent of the employees who
work at least 1,000 hours annually for such corporation
are participants in such trust, and
``(E) the trustee administers such trust for the
benefit of the employees of such corporation and
complies with all requirements of this title relating
to employee stock ownership plans (as defined in
section 4975(e)(7)) pertaining to independent appraisal
of shares not readily tradable and distribution of
those shares.''.
(b) No Tax on Corporate Income of Employee-Owned and Employee-
Controlled Corporation.--Subsection (a) of section 11 of such Code
(relating to corporations in general) is amended by inserting before
the period at the end the following: ``(other than any employee-owned
and employee-controlled corporation)''.
(c) Exclusion of Income From Sale of Employee-Owned and Employee-
Controlled Corporation Stock by Employee Owner.--
(1) In general.--Part III of subchapter B of chapter 1 of
such Code (relating to items specifically excluded from gross
income) is amended by redesignating section 139 as section 140
and by inserting after section 138 the following new section:
``SEC. 139. INCOME FROM EMPLOYEE OWNER SALE OF EMPLOYER SECURITIES
DISTRIBUTED FROM EMPLOYEE-OWNED AND EMPLOYEE-CONTROLLED
CORPORATION TRUST.
``(a) In General.--In the case of an individual, gross income shall
not include any proceeds from the qualified sale of employer
securities.
``(b) Qualified Sale of Employer Securities.--The term `qualified
sale of employer securities' means the sale of employer securities (as
defined in section 409(l)) which were distributed to a participant in
the employee-owned and employee-controlled corporation trust to--
``(1) an employee of the employee-owned and employee-
controlled corporation which issued such securities,
``(2) such corporation, or
``(3) such trust.''.
(2) Clerical amendment.--The table of sections for part III
of subchapter B of chapter 1 of such Code is amended by
striking the item relating to section 139 and inserting after
the item relating to section 138 the following new items:
``Sec. 139. Income from employee owner
sale of employer securities
distributed from employee-owned
and employee-controlled
corporation trust.
``Sec. 140. Cross references to other
Acts.''.
(d) Receipt of Stock in an Employee Owned and Controlled
Corporation During 3-Year Transition Period.--Section 83 of such Code
(relating to property transferred in connection with performance of
services) is amended by adding at the end the following new subsection:
``(i) Receipt of Stock in an Employee Owned and Controlled
Corporation During 3-Year Transition Period.--
``(1) In general.--In the case of an employee, this section
shall not apply to the transfer in lieu of compensation of
employer securities in an employer owned and controlled
corporation during the 3-year period beginning on the effective
date of the election of a corporation to become an employee
owned and controlled corporation.
``(2) Exception.--If, on the day after the end of the 3-
year period referred to in paragraph (1), such corporation is
not an employee owned and controlled corporation, paragraph (1)
shall not apply and the following sum shall be included in the
gross income of such employee:
``(A) an amount equal to the fair market value of
all of such securities at the time of transfer
(determined without regard to any restriction other
than a restriction which by its terms will never lapse)
to the employee in lieu of compensation for such
period, plus
``(B) an amount equal to 10 percent of the amount
determined under subparagraph (A).''.
(e) No Tax on Gain on Sales or Transfers to Employee-Owned and
Employee-Controlled Corporation Trust.--
(1) In general.--Part III of subchapter O of chapter 1 of
such Code (relating to common nontaxable exchanges) is amended
by adding at the end the following new section:
``SEC. 1046. SALE OF SECURITIES TO EMPLOYEE-OWNED AND EMPLOYEE-
CONTROLLED CORPORATION TRUST.
``(a) Nonrecognition of Gain.--If the taxpayer elects the
application of this section, in the case of the sale or transfer of
employer securities (as defined in section 409(l)) to an employee-owned
and employee-controlled corporation trust, gain on such sale or
transfer shall not be recognized if the requirements of subsection (b)
are met.
``(b) Requirements.--
``(1) In general.--The requirements of this subsection are
that--
``(A) the employee-owned and employee-controlled
corporation trust acquiring such securities from the
taxpayer agrees--
``(i) to hold such securities for the 3-
year period beginning on the date of such
transfer or sale, and
``(ii) to notify the taxpayer upon the
transfer of such securities before the end of
such period, and
``(B) the taxpayer agrees to the provisions of
subsection (b).
``(2) Exceptions.--Paragraph (1) shall not apply--
``(A) in a case where such securities are
securities of an employee-owned and employee-controlled
corporation which are distributed within such 3-year
period to an employee of such corporation, and
``(B) in the case of the sale or transfer of stock
of an employee-owned and employee-controlled
corporation in connection with the sale or
reorganization of such corporation, if such sale or
reorganization is approved by the employees of such
corporation in a vote held on a 1-employee 1-vote
basis.
``(c) Recapture of Tax.--If, during any year within the 3-year
period referred to in subsection (b)(1), securities subject to
subsection (a) are sold or transferred in a manner that does not meet
the requirements of subsection (b), then gain on the sale or transfer
described in subsection (a) shall be recognized for the year in which
such requirements are not met.''.
(2) Clerical amendment.--The table of sections for part III
of subchapter O of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 1046. Sale of securities to
employee-owned and employee-
controlled corporation
trust.''.
(f) Credit For Transfer of Stock From Estate to Employee-Owned and
Employee-Controlled Corporation.--
(1) In general.--Part II of subchapter A of chapter 11 of
such Code (relating to credits against tax) is amended by
redesignating section 2016 as section 2017 and by inserting
after section 2015 the following new section:
``SEC. 2016. CREDIT FOR TRANSFER OF EMPLOYEE SECURITIES FROM ESTATE TO
EMPLOYEE-OWNED AND EMPLOYEE-CONTROLLED CORPORATION TRUST.
``(a) General Rule.--The tax imposed by section 2001 shall be
credited with the amount of employer securities considered to have been
acquired from or to have passed from the decedent to an employee-owned
and employee-controlled corporation trust.
``(b) Limitation.--Such credit may not exceed the tax imposed by
section 2001, reduced under this part (other than by this section).
``(c) Value of Stock Not Readily Tradable.--No credit shall be
allowed under subsection (a) in the case of employer securities which
are not readily tradable on an established securities market unless the
value of such employer securities is established by an independent
appraiser. For purposes of the preceding sentence, the term
`independent appraiser' means any appraiser meeting requirements
similar to the requirements of the regulations prescribed under section
170(a)(1).
``(d) Definitions.--For purposes of subsection (a)--
``(1) Acquired from or passed from a decedent.--Employer
securities shall be considered to have been acquired from or to
have passed from a decedent if the basis of such property in
the hands of the employee-owned and employee-controlled
corporation trust is determined under section 1014 by reference
to paragraph (1), (2), (4), or (9) of subsection (b) of such
section.
``(2) Employer securities.--The term `employer securities'
has the meaning given such term by section 409(l)), except that
such term shall not include any security which is not voting
common stock.''.
(2) Clerical amendment.--The table of sections for part II
of subchapter A of chapter 11 of such Code (relating to credits
against tax) is amended by striking the item relating to
section 2016 and adding at the end the following new items:
``Sec. 2016. Credit for transfer of
employee securities from estate
to employee-owned and employee-
controlled corporation trust.
``Sec. 2017. Recovery of taxes claimed as
credit.''.
(g) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after the date of the enactment of this Act.
(2) Credit for transfer of stock from estate to employee-
owned and employee-controlled corporation.--The amendments made
subsection (f) shall apply to estates of decedents dying after
the date of the enactment of this Act.
SEC. 4. STUDY OF GOVERNMENT POLICIES AFFECTING EMPLOYEE-OWNED AND
EMPLOYEE-CONTROLLED CORPORATIONS.
The Comptroller General of the United States shall--
(1) conduct a study of all Federal Government regulations
and policies that might impact the creation and operation of an
employee-owned and employee-controlled corporation as defined
in section 7701(a)(47) of the Internal Revenue Code of 1986,
(2) identify those regulations and policies that are
barriers to employee ownership and control of such a
corporation, and
(3) not later than one year after the date of the enactment
of this Act, submit a report on the findings of such study,
together with such recommendations as the Comptroller General
determines appropriate, to the Congress.
SEC. 5. PRESIDENTIAL COMMISSION ON EMPLOYEE OWNERSHIP.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the President shall establish a commission to be
known as the ``Presidential Commission on Employee Ownership''
(hereafter in this section referred to as the ``Commission'').
(b) Duties and Report.--The Commission shall--
(1) conduct a study concerning all issues that affect
ownership of businesses in the United States, with a primary
focus on the issues that affect employee ownership of such
businesses, and
(2) not later than two years after the date of its
establishment, submit a final report to the President and the
Congress which includes the findings and recommendations of the
Commission.
(c) Membership.--The Commission shall be composed of 15 members
appointed by the President as follows:
(1) Three individuals, each of whom is an employee of a
corporation that has at least 50 percent of its voting stock in
a trust for the benefit of employees and who is not an officer
or senior manager of that corporation.
(2) Three individuals, each of whom is an employee of a
corporation that has at least 50 percent of its voting stock in
a trust for the benefit of employees and who is an officer or
senior manager of that corporation.
(3) Three individuals, each of whom is a professor employed
by an institution of higher learning.
(4) Three individuals, each of whom is employed by a not-
for-profit entity that has as its primary mission issues
arising from employee ownership of businesses.
(5) The Secretary of Labor, or his designee, the Secretary
of the Treasury, or his designee, and the Director of the
Office of Management and Budget, or his designee.
(d) Staff.--The Commission shall have such number of staff as the
President shall determine, except that such staff shall include not
less than five full-time employees.
(e) Gifts and Bequests.--The Commission may accept, use, and
dispose of gifts or bequests or services or personal property for the
purpose of aiding or facilitating the work of the Commission. Gifts or
bequests of money and proceeds from sales of other property received as
gifts or bequests shall be deposited in the Treasury and shall be
available for disbursement upon order of the Commission. | (Sec. 3) Amends the Internal Revenue Code to provide for tax-exempt employee-owned and employee-controlled corporation (EOECC) trusts whose primary assets consist of the employer securities of an EOECC in which: (1) more than 50 percent of the voting stock is held by a trust for the benefit of the corporation's employees; (2) in all matters requiring the vote of stock, including the election of the corporate board of directors, the trustee of such trust is obligated to vote the stock held in trust and allocated to participants in the trust in the manner in which the participants direct, on the basis of one-employee one-vote (and vote any stock not so allocated as if it were so allocated); (3) at least 25 employees of such corporation are participants in and beneficiaries of such trust; (4) a minimum of 90 percent of the employees who work at least 1,000 hours annually for such corporation are participants in such trust; and (5) the trustee administers the trust for the benefit of the corporation's employees, complying with all Code requirements for employee stock ownership plans which pertain to independent appraisal of shares not readily tradable, and distribution of those shares.
Declares that: (1) there shall be no tax on the corporate income of an EOECC; and (2) the gross income of an employee owner shall not include any proceeds from the qualified sale of EOECC securities.
Exempts from inclusion in gross income of property transferred in connection with performance of services any transfer (in lieu of compensation) of EOECC securities during the three years following a corporation's election to become an EOECC.
Mandates nonrecognition of gain in the case of the sale or transfer of EOECC securities to an EOECC trust.
Establishes a credit against the estate tax for the amount of EOECC securities considered to have been acquired from or to have passed from a decedent to an EOECC trust.
(Sec. 4) Directs the Comptroller General to study and report to Congress on Federal regulations and policies affecting EOECCs.
(Sec. 5) Directs the President to establish a Presidential Commission on Employee Ownership to study and report on all issues that affect ownership of businesses in the United States, with a primary focus on the issues that affect employee ownership of such businesses. | {"src": "billsum_train", "title": "Employee Ownership Act of 1999"} | 3,440 | 508 | 0.581492 | 1.927991 | 0.752755 | 4.610738 | 6.910515 | 0.928412 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Melanie Blocker Stokes Mom's
Opportunity to Access Health, Education, Research, and Support for
Postpartum Depression Act'' or the ``Melanie Blocker Stokes MOTHERS
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``postpartum condition'' means postpartum
depression or postpartum psychosis; and
(2) the term ``Secretary'' means the Secretary of Health
and Human Services.
TITLE I--RESEARCH ON POSTPARTUM CONDITIONS
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES.
(a) Continuation of Activities.--The Secretary is encouraged to
continue activities on postpartum conditions.
(b) Programs for Postpartum Conditions.--In carrying out subsection
(a), the Secretary is encouraged to continue research to expand the
understanding of the causes of, and treatments for, postpartum
conditions. Activities under such subsection shall include conducting
and supporting the following:
(1) Basic research concerning the etiology and causes of
the conditions.
(2) Epidemiological studies to address the frequency and
natural history of the conditions and the differences among
racial and ethnic groups with respect to the conditions.
(3) The development of improved screening and diagnostic
techniques.
(4) Clinical research for the development and evaluation of
new treatments.
(5) Information and education programs for health care
professionals and the public, which may include a coordinated
national campaign to increase the awareness and knowledge of
postpartum conditions. Activities under such a national
campaign may--
(A) include public service announcements through
television, radio, and other means; and
(B) focus on--
(i) raising awareness about screening;
(ii) educating new mothers and their
families about postpartum conditions to promote
earlier diagnosis and treatment; and
(iii) ensuring that such education includes
complete information concerning postpartum
conditions, including its symptoms, methods of
coping with the illness, and treatment
resources.
SEC. 102. SENSE OF CONGRESS REGARDING LONGITUDINAL STUDY OF RELATIVE
MENTAL HEALTH CONSEQUENCES FOR WOMEN OF RESOLVING A
PREGNANCY.
(a) Sense of Congress.--It is the sense of Congress that the
Director of the National Institute of Mental Health may conduct a
nationally representative longitudinal study (during the period of
fiscal years 2009 through 2018) of the relative mental health
consequences for women of resolving a pregnancy (intended and
unintended) in various ways, including carrying the pregnancy to term
and parenting the child, carrying the pregnancy to term and placing the
child for adoption, miscarriage, and having an abortion. This study may
assess the incidence, timing, magnitude, and duration of the immediate
and long-term mental health consequences (positive or negative) of
these pregnancy outcomes.
(b) Report.--Beginning not later than 3 years after the date of the
enactment of this Act, and periodically thereafter for the duration of
the study, such Director may prepare and submit to the Congress reports
on the findings of the study.
TITLE II--DELIVERY OF SERVICES REGARDING POSTPARTUM CONDITIONS
SEC. 201. ESTABLISHMENT OF GRANT PROGRAM.
Subpart I of part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.) is amended by inserting after section 330G the
following:
``SEC. 330G-1. SERVICES TO INDIVIDUALS WITH A POSTPARTUM CONDITION AND
THEIR FAMILIES.
``(a) In General.--The Secretary may make grants to eligible
entities for projects for the establishment, operation, and
coordination of effective and cost-efficient systems for the delivery
of essential services to individuals with a postpartum condition and
their families.
``(b) Certain Activities.--To the extent practicable and
appropriate, the Secretary shall ensure that projects funded under
subsection (a) provide education and services with respect to the
diagnosis and management of postpartum conditions. The Secretary may
allow such projects to include the following:
``(1) Delivering or enhancing outpatient and home-based
health and support services, including case management and
comprehensive treatment services for individuals with or at
risk for postpartum conditions, and delivering or enhancing
support services for their families.
``(2) Delivering or enhancing inpatient care management
services that ensure the well-being of the mother and family
and the future development of the infant.
``(3) Improving the quality, availability, and organization
of health care and support services (including transportation
services, attendant care, homemaker services, day or respite
care, and providing counseling on financial assistance and
insurance) for individuals with a postpartum condition and
support services for their families.
``(4) Providing education to new mothers and, as
appropriate, their families about postpartum conditions to
promote earlier diagnosis and treatment. Such education may
include--
``(A) providing complete information on postpartum
conditions, symptoms, methods of coping with the
illness, and treatment resources; and
``(B) in the case of a grantee that is a State,
hospital, or birthing facility--
``(i) providing education to new mothers
and fathers, and other family members as
appropriate, concerning postpartum conditions
before new mothers leave the health facility;
and
``(ii) ensuring that training programs
regarding such education are carried out at the
health facility.
``(c) Integration With Other Programs.--To the extent practicable
and appropriate, the Secretary may integrate the grant program under
this section with other grant programs carried out by the Secretary,
including the program under section 330.
``(d) Certain Requirements.--A grant may be made under this section
only if the applicant involved makes the following agreements:
``(1) Not more than 5 percent of the grant will be used for
administration, accounting, reporting, and program oversight
functions.
``(2) The grant will be used to supplement and not supplant
funds from other sources related to the treatment of postpartum
conditions.
``(3) The applicant will abide by any limitations deemed
appropriate by the Secretary on any charges to individuals
receiving services pursuant to the grant. As deemed appropriate
by the Secretary, such limitations on charges may vary based on
the financial circumstances of the individual receiving
services.
``(4) The grant will not be expended to make payment for
services authorized under subsection (a) to the extent that
payment has been made, or can reasonably be expected to be
made, with respect to such services--
``(A) under any State compensation program, under
an insurance policy, or under any Federal or State
health benefits program; or
``(B) by an entity that provides health services on
a prepaid basis.
``(5) The applicant will, at each site at which the
applicant provides services funded under subsection (a), post a
conspicuous notice informing individuals who receive the
services of any Federal policies that apply to the applicant
with respect to the imposition of charges on such individuals.
``(6) For each grant period, the applicant will submit to
the Secretary a report that describes how grant funds were used
during such period.
``(e) Technical Assistance.--The Secretary may provide technical
assistance to entities seeking a grant under this section in order to
assist such entities in complying with the requirements of this
section.
``(f) Definitions.--In this section:
``(1) The term `eligible entity' means a public or
nonprofit private entity, which may include a State or local
government; a public or nonprofit private recipient of a grant
under section 330H (relating to the Healthy Start Initiative),
public-private partnership, hospital, community-based
organization, hospice, ambulatory care facility, community
health center, migrant health center, public housing primary
care center, or homeless health center; or any other
appropriate public or nonprofit private entity.
``(2) The term `postpartum condition' means postpartum
depression or postpartum psychosis.''.
TITLE III--GENERAL PROVISIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act and the amendment made by section 201, there
are authorized to be appropriated, in addition to such other sums as
may be available for such purpose--
(1) $3,000,000 for fiscal year 2010; and
(2) such sums as may be necessary for fiscal years 2011 and
2012.
SEC. 302. REPORT BY THE SECRETARY.
(a) Study.--The Secretary shall conduct a study on the benefits of
screening for postpartum conditions.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall complete the study required by
subsection (a) and submit a report to the Congress on the results of
such study.
SEC. 303. LIMITATION.
Notwithstanding any other provision of this Act or the amendment
made by section 201, the Secretary may not utilize amounts made
available under this Act or such amendment to carry out activities or
programs that are duplicative of activities or programs that are
already being carried out through the Department of Health and Human
Services.
Passed the House of Representatives March 30, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Melanie Blocker Stokes Mom's Opportunity to Access Health, Education, Research, and Support for Postpartum Depression Act or the Melanie Blocker Stokes MOTHERS Act - Title I: Research on Postpartum Conditions - (Sec. 101) Encourages the Secretary of Health and Human Services to continue: (1) activities on postpartum depression; and (2) research to expand the understanding of the causes of, and treatments for, postpartum conditions.
(Sec. 102) Expresses the sense of Congress that the Director of the National Institute of Mental Health may conduct a nationally representative longitudinal study of the relative mental health consequences for women of resolving a pregnancy in various ways, including carrying the pregnancy to term and parenting the child, carrying the pregnancy to term and placing the child for adoption, miscarriage, and having an abortion.
Title II: Delivery of Services Regarding Postpartum Conditions - (Sec. 201) Amends the Public Health Service Act to authorize the Secretary to make grants for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with a postpartum condition and their families. Directs the Secretary to ensure that such projects provide education and services with respect to the diagnosis and management of postpartum conditions. Authorizes such projects to include: (1) delivering or enhancing outpatient home-based health and support services; and (2) providing education to new mothers and their families about postpartum conditions to promote earlier diagnosis and treatment. Sets forth grant requirements. Authorizes the Secretary to provide technical assistance to entities seeking a grant.
Title III: General Provisions - (Sec. 301) Authorizes appropriations for FY2010-FY2012.
(Sec. 302) Directs the Secretary to study and report to Congress on the benefits of screening for postpartum conditions.
(Sec. 303) Prohibits the Secretary from utilizing amounts appropriated under this Act to carry out activities or programs that are duplicative of activities or programs that are already being carried out through the Department of Health and Human Services (HHS). | {"src": "billsum_train", "title": "To provide for research on, and services for individuals with, postpartum depression and psychosis."} | 2,090 | 461 | 0.754876 | 2.451494 | 0.808396 | 5.7289 | 4.869565 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Level Playing Field in Trade
Agreements Act of 2015''.
SEC. 2. INELIGIBILITY FOR EXPEDITED CONSIDERATION BY CONGRESS OF
CERTAIN TRADE AGREEMENTS.
(a) In General.--No trade agreement with a country or implementing
bill with respect to a trade agreement may receive expedited
consideration by Congress under any provision of law, including any
limitation on amendments or debate in either the Senate or the House of
Representatives (other than under rule XXII of the Standing Rules of
the Senate, as in effect on the date of the enactment of this Act)
unless the agreement--
(1) includes binding and enforceable requirements that all
producers of merchandise exported to the United States from
that country pay adequate wages and maintain sustainable
production methods; and
(2) provides that, for purposes of merchandise from that
country, the application of antidumping duty laws under
subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C.
1673 et seq.) shall be modified as provided under subsection
(b).
(b) Adjustment of Normal Value To Include the Cost of Paying
Adequate Wages and Maintaining Sustainable Production Methods.--
(1) In general.--Except as provided in paragraph (3), in
determining the price of covered merchandise under subsection
(a)(1)(B) of section 773 of the Tariff Act of 1930 (19 U.S.C.
1677b) for purposes of determining the normal value of the
covered merchandise under that section, the administering
authority shall increase the price by the difference, if any,
between--
(A) the actual cost of producing the covered
merchandise; and
(B) the estimated cost of producing the covered
merchandise if the producer paid its employees adequate
wages and maintained sustainable production methods.
(2) Demonstration of injury.--An interested party described
in subparagraph (C), (D), (E), (F), or (G) of section 771(9) of
the Tariff Act of 1930 (19 U.S.C. 1677(9)) that files a
petition under section 732(b)(1) of that Act (19 U.S.C.
1673a(b)(1)) with respect to covered merchandise that relies on
calculations of normal value made under this subsection shall
be presumed to demonstrate that the party is materially injured
or threatened with material injury by reason of imports of the
covered merchandise unless--
(A) the country from which the covered merchandise
is exported is covered by a precertification issued
under paragraph (3)(A)(ii); or
(B) the estimated cost of producing the covered
merchandise under paragraph (1)(B) is equal to or
greater than the cost of producing the merchandise in
the country in which the interested party is located.
(3) Precertification.--
(A) In general.--
(i) Exporter- or producer-specific
precertification.--If an exporter or producer
of covered merchandise demonstrates to the
satisfaction of the administering authority
that all such merchandise, including
significant components or ingredients of the
covered merchandise, was or will be produced
under conditions under which all employees
receive adequate wages or sustainable
production methods are maintained, the
administering authority shall issue to that
exporter or producer, upon request, a
precertification with respect to wages,
production methods, or both, that covers all
covered merchandise by that exporter or
producer.
(ii) Country precertification.--The
administering authority may issue a
precertification for all covered merchandise
imported from a country if the government of
that country maintains and enforces laws
requiring all producers of such merchandise in
that country to pay its employees adequate
wages and to maintain sustainable production
methods.
(B) Safe harbor.--
(i) In general.--If the administering
authority has issued a precertification under
subparagraph (A), covered merchandise to which
the precertification applies shall not be
subject to an antidumping duty solely because a
petition filed under section 732(b)(1) of the
Tariff Act of 1930 (19 U.S.C. 1673a(b)(1)) with
respect to the covered merchandise alleges that
the covered merchandise was not produced under
conditions under which all employees receive
adequate wages and sustainable production
methods are maintained.
(ii) Challenging precertification.--An
interested party described in subparagraph (C),
(D), (E), (F), or (G) of section 771(9) of the
Tariff Act of 1930 (19 U.S.C. 1677(9)) that
files a petition under section 732(b)(1) of
that Act (19 U.S.C. 1673a(b)(1)) with respect
to covered merchandise covered by a
precertification issued under subparagraph (A)
bears the burden of proving that the covered
merchandise was not produced under conditions
under which all employees receive adequate
wages, sustainable production methods are
maintained, or both, depending on the scope of
the precertification.
(C) Use of third-party standards.--
(i) In general.--The administering
authority, the Secretary of Labor, and the
Administrator of the Environmental Protection
Agency may jointly establish procedures
pursuant to which obtaining certification from
an organization described in clause (ii) may
demonstrate the eligibility of an exporter or
producer for a precertification under
subparagraph (A)(i) or the eligibility of a
country for a precertification under
subparagraph (A)(ii).
(ii) Organization described.--An
organization described in this clause is an
independent third-party organization that sets
standards with respect to adequate wages or
sustainable production methods.
(D) Guidance on compliance.--Not later than one
year after the date of the enactment of this Act, the
administering authority shall publish in the Federal
Register guidance with respect to how persons producing
covered merchandise for exportation to the United
States or seeking to import covered merchandise into
the United States may obtain a precertification under
subparagraph (A).
(c) Definitions.--In this section:
(1) Adequate wages.--The term ``adequate wages''--
(A) means compensation for a regular work week that
is sufficient to meet the basic needs of the employee
and any dependents of the employee, including providing
reasonable discretionary income; and
(B) includes, at a minimum--
(i) the payment of the higher of the
minimum wage or the appropriate prevailing
wage;
(ii) compliance with all legal requirements
relating to wages (including freedom of
association relating to the bargaining relating
to wages and related matters); and
(iii) the provision of such benefits as are
required by law or contract.
(2) Administering authority.--The term ``administering
authority'' has the meaning given that term in section 771(1)
of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
(3) Covered merchandise.--The term ``covered merchandise''
means merchandise imported into the United States from a
country described in subsection (a).
(4) Sustainable production methods.--The term ``sustainable
production methods''--
(A) means the application of technologies and
methods that are necessary to provide for workplace
safety, toxic waste control, control of discharge of
pollutants to air, water, and land, and the reasonable
conservation of energy and natural resources, taking
into account local standards and conditions; and
(B) includes, at a minimum, the use of technologies
and methods that would be required for similar
production facilities in the United States. | Level Playing Field in Trade Agreements Act of 2015 No trade agreement with a country, or implementing bill for one, may receive expedited consideration by Congress under any provision of law, including any limitation on amendments or debate in either the Senate (except under rule XXII of the Standing Rules) or the House of Representatives unless the agreement: includes binding and enforceable requirements that all producers of merchandise exported to the United States from that country pay adequate wages and maintain sustainable production methods; and provides that, for purposes of such merchandise, the application of antidumping duty laws under the Tariff Act of 1930 shall be modified according to this Act. The administering authority, in determining the normal price of covered merchandise and whether it is or is likely to be sold at less than fair value, must increase the price by the difference, if any, between the actual cost of producing the merchandise and the estimated cost of producing it if the producer paid its employees adequate wages and maintained sustainable production methods. Certain interested parties that petition for an antidumping proceeding with respect to covered merchandise relying on calculations of normal value under this Act shall be presumed to demonstrate that they are materially injured, or threatened with material injury, by reason of imports of the covered merchandise unless: the country from which the covered merchandise is exported is covered by a precertification, or the estimated cost of producing the covered merchandise is equal to or greater than the cost of producing it in the country in which the interested party is located. The administering authority shall issue a precertification with respect to wages, production methods, or both, for merchandise of a requesting exporter or producer that demonstrates to the administering authority's satisfaction that all such merchandise, including significant components or ingredients, was or will be produced under conditions under which all employees receive adequate wages or sustainable production methods are maintained. The administering authority shall also issue a precertification for all merchandise imported from a country if that country's government maintains and enforces laws requiring all producers of such merchandise in that country to pay its employees adequate wages and to maintain sustainable production methods. The administering authority, the Secretary of Labor, and the Administrator of the Environmental Protection Agency may jointly establish procedures pursuant to which obtaining certification from an independent third-party standards-setting organization may demonstrate eligibility for a precertification. | {"src": "billsum_train", "title": "Level Playing Field in Trade Agreements Act of 2015"} | 1,674 | 500 | 0.723072 | 2.395455 | 0.839463 | 4.717489 | 3.309417 | 0.93722 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Club Drug Anti-Proliferation Act of
2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The illegal importation of 3,4-
methylenedioxymethamphetamine, commonly referred to as ``MDMA''
or ``Ecstasy'', and paramethoxyamphetamine, commonly referred
to as ``PMA'', have increased in recent years, as evidenced by
the fact that club drug seizures by the United States Customs
Service have risen from less than 500,000 tablets during fiscal
year 1997 to more than 4,000,000 tablets during the first 5
months of fiscal year 2000.
(2) Use of club drugs can cause long-lasting, and perhaps
permanent, damage to the serotonin system of the brain, which
is fundamental to the integration of information and emotion,
and this damage can cause long-term problems with learning and
memory.
(3) Due to the popularity and marketability of club drugs,
there are numerous Internet websites with information on its
effects, production, and the locations of use, often referred
to as ``raves''. The availability of this information targets
the primary users of club drugs, who are most often college
students, young professionals, and other young people from
middle- to high-income families.
(4) Greater emphasis needs to be placed on--
(A) penalties associated with the manufacture,
distribution, and use of club drugs;
(B) the education of young people on the negative
health effects of club drugs, since the reputation of
club drugs as ``safe'' drugs is its most dangerous
component;
(C) the education of State and local law
enforcement agencies regarding the growing problem of
club drug trafficking across the United States;
(D) reducing the number of deaths caused by club
drug use and its combined use with alcohol; and
(E) adequate funding for research by the National
Institute on Drug Abuse to--
(i) identify those most vulnerable to using
club drugs and develop science-based prevention
approaches tailored to the specific needs of
individuals at high risk;
(ii) understand how club drugs produce its
toxic effects and how to reverse neurotoxic
damage;
(iii) develop treatments, including new
medications and behavioral treatment
approaches;
(iv) better understand the effects that
club drugs have on the developing children and
adolescents; and
(v) translate research findings into useful
tools and ensure their effective dissemination.
SEC. 3. ENHANCED PUNISHMENT OF CLUB DRUG TRAFFICKERS.
(a) Amendment to Federal Sentencing Guidelines.--Pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall amend the Federal sentencing
guidelines regarding any offense relating to the manufacture,
importation, or exportation of, or trafficking in--
(1) 3,4-methylenedioxy methamphetamine;
(2) 3,4-methylenedioxy amphetamine;
(3) 3,4-methylenedioxy-N-ethylamphetamine;
(4) paramethoxymethamphetamine (PMA); or
(5) any other controlled substance, as determined by the
Sentencing Commission in consultation with the Attorney
General, that is marketed as a club drug and that has either a
chemical structure substantially similar to that of 3,4-
methylenedioxy methamphetamine or paramethoxymethamphetamine or
an effect on the central nervous system substantially similar
to or greater than that of 3,4-methylenedioxy methamphetamine
or paramethoxymethamphetamine; (including an attempt or
conspiracy to commit an offense described in paragraph (1),
(2), (3), or (4)) in violation of the Controlled Substances Act
(21 U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. 1901 et seq.).
(b) General Requirement.--In carrying out this section, the United
States Sentencing Commission shall, with respect to each offense
described in subsection (a)--
(1) review and amend the Federal sentencing guidelines to
provide for increased penalties such that those penalties are
comparable to the base offense levels for offenses involving
any methamphetamine mixture; and
(2) take any other action the Commission considers to be
necessary to carry out this subsection.
(c) Additional Requirements.--In carrying out this section, the
United States Sentencing Commission shall ensure that the Federal
Sentencing guidelines for offenders convicted of offenses described in
subsection (a) reflect--
(1) the need for aggressive law enforcement action with
respect to offenses involving the controlled substances
described in subsection (a); and
(2) the dangers associated with unlawful activity involving
such substances, including--
(A) the rapidly growing incidence of abuse of the
controlled substances described in subsection (a) and
the threat to public safety that such abuse poses;
(B) the recent increase in the illegal importation
of the controlled substances described in subsection
(a);
(C) the young age at which children are beginning
to use the controlled substances described in
subsection (a); and
(D) any other factor that the Sentencing Commission
deems appropriate.
SEC. 4. ENHANCED PUNISHMENT OF GHB TRAFFICKERS.
(a) Amendment to Federal Sentencing Guidelines.--Pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall amend the Federal sentencing
guidelines in accordance with this section with respect to any offense
relating to the manufacture, importation, or exportation of, or
trafficking in--
(1) gamma-hydroxybutyric acid and its salts; or
(2) the List I Chemical gamma-butyrolactone; (including an
attempt or conspiracy to commit an offense described in
paragraph (1) or (2)) in violation of the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import
and Export Act (21 U.S.C. 951 4 et seq.), or the Maritime Drug
Law Enforcement Act (46 5 U.S.C. 1901 et seq.).
(b) General Requirements.--In carrying out this section, the United
States Sentencing Commission shall with respect to each offense
described in subsection (a)--
(1) review and amend the Federal Sentencing guidelines to
provide for increased penalties such that those penalties
reflect the seriousness of these offenses and the need to deter
them;
(2) assure that the guidelines provide that offenses
involving a significant quantity of Schedule I and II
depressants are subject to greater terms of imprisonment than
currently provided by the guidelines and that such terms are
consistent with applicable statutory maximum penalties; and
(3) take any other action the Commission considers to be
necessary to carry out this subsection.
(c) Additional Requirements.--In carrying out this section, the
United States Sentencing Commission shall consider--
(1) the dangers associated with the use of the substances
described in subsection (a), and unlawful activity involving
such substances;
(2) the rapidly growing incidence of abuse of the
controlled substances described in subsection (a) and the
threat to public safety that such abuse poses, including the
dangers posed by overdose; and
(3) the recent increase in the illegal manufacture of the
controlled substances described in subsection (a).
SEC. 5. EMERGENCY AUTHORITY TO SENTENCING COMMISSION.
The United States Sentencing Commission shall promulgate amendments
under this Act as soon as practicable after the date of the enactment
of this Act in accordance with the procedure set forth in section 21(a)
of the Sentencing Act of 1987 (Public Law 100-182), as though the
authority under that Act had not expired.
SEC. 6. PROHIBITION ON DISTRIBUTION OF INFORMATION RELATING TO THE
MANUFACTURE OR ACQUISITION OF CONTROLLED SUBSTANCES.
Section 403 of the Controlled Substances Act (21 U.S.C. 843) is
amended by adding at the end the following:
``(g) Prohibition on Distribution of Information Relating to
Manufacture or Acquisition of Controlled Substances.--
``(1) Controlled substance defined.--In this subsection,
the term `controlled substance' has the meaning given that term
in section 102(6) of the Controlled Substances Act (21 U.S.C.
802(6)).
``(2) Prohibition.--It shall be unlawful for any person--
``(A) to teach or demonstrate the manufacture of a
controlled substance, or to distribute by any means
information pertaining to, in whole or in part, the
manufacture, acquisition, or use of a controlled
substance, with the intent that the teaching,
demonstration, or information be used for, or in
furtherance of, an activity that constitutes a crime;
or
``(B) to teach or demonstrate to any person the
manufacture of a controlled substance, or to distribute
to any person, by any means, information pertaining to,
in whole or in part, the manufacture, acquisition, or
use of a controlled substance, knowing or having reason
to know that such person intends to use the teaching,
demonstration, or information for, or in furtherance
of, an activity that constitutes an offense.
``(3) Penalty.--Any person who violates this subsection
shall be fined under this title, imprisoned not more than 10
years, or both.''.
SEC. 7. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET WEBSITES.
Not later than 90 days after the date of enactment of this Act, the
head of each department, agency, and establishment of the Federal
Government shall, in consultation with the Director of the Office
of National Drug Control Policy, place antidrug messages on appropriate
Internet websites controlled by such department, agency, or
establishment which messages shall, where appropriate, contain an
electronic hyperlink to the Internet website, if any, of the Office of
National Drug Control Policy.
SEC. 8. EXPANSION OF CLUB DRUG ABUSE PREVENTION EFFORTS.
(a) Public Health Service Assistance.--Part A of title V of the
Public Health Service Act (42 U.S.C. 20 290aa et seq.) is amended by
adding at the end the following:
``SEC. 506. GRANTS FOR CLUB DRUG ABUSE PREVENTION.
(a) Authority.--The Administrator may make grants to, and enter
into contracts and cooperative agreements with, public and nonprofit
private entities to enable such entities--
``(1) to carry out school-based programs concerning the
dangers of abuse of and addiction to 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs,
using methods that are effective and science-based, including
initiatives that give students the responsibility to create
their own antidrug abuse education programs for their schools;
and
``(2) to carry out community-based abuse and addiction
prevention programs relating to 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs
that are effective and science-based.
``(b) Use of Funds.--Amounts made available under a grant, contract
or cooperative agreement under subsection (a) shall be used for
planning, establishing, or administering prevention programs relating
to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs in accordance with paragraph (3).
``(c)(1) Discretionary Functions.--Amounts provided under this
section may be used--
``(A) to carry out school-based programs that are focused
on those districts with high or increasing rates of abuse and
addiction to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs and targeted at
populations that are most at risk to start abuse of 3,4-
methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs;
``(B) to carry out community-based prevention programs that
are focused on those populations within the community that are
most at-risk for abuse of and addiction to 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs;
``(C) to assist local government entities to conduct
appropriate prevention activities relating to 3,4-
methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs;
``(D) to train and educate State and local law enforcement
officials, prevention and education officials, health
professionals, members of community antidrug coalitions and
parents on the signs of abuse of and addiction to 3,4-
methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs, and the options for treatment and prevention;
``(E) for planning, administration, and educational
activities related to the prevention of abuse of and addiction
to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs;
``(F) for the monitoring and evaluation of prevention
activities relating to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs, and reporting and
disseminating resulting information to the public; and
``(G) for targeted pilot programs with evaluation
components to encourage innovation and experimentation with new
methodologies.
``(2) Priority.--The Administrator shall give priority in making
grants under this subsection to rural and urban areas that are
experiencing a high rate or rapid increases in abuse and addiction to
3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs.
``(d)(1) Prevention Program Allocation.--Not less than $500,000 of
the amount available in each fiscal year to carry out this section
shall be made available to the Administrator, acting in consultation
with other Federal agencies, to support and conduct periodic analyses
and evaluations of effective prevention programs for abuse of and
addiction to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs and the development of
appropriate strategies for disseminating information about and
implementing these programs.
``(2) Report.--The Administrator shall submit an annual report
containing the results of the analyses and evaluations conducted under
paragraph (1) to--
``(A) the Committee on Health, Education, Labor, and
Pensions, the Committee on the Judiciary, and the Committee on
Appropriations of the Senate; and
``(B) the Committee on Commerce, the Committee on the
Judiciary, and the Committee on Appropriations of the House of
Representatives.
``(e) Authorization.--There is authorized to be appropriated to
carry out this subsection--
``(1) $5,000,000 for fiscal year 2001; and
``(2) such sums as may be necessary for each succeeding
fiscal year.''.
(b) National Youth Antidrug Media Campaign.--In conducting the
national media campaign under section 102 of the Drug-Free Media
Campaign Act of 1998 (21 U.S.C. 1801), the Director of the Office of
National Drug Control Policy shall ensure that such campaign addresses
the reduction and prevention of abuse of 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs among
young people in the United States. | (Sec. 4) Sets forth similar provisions with respect to offenses relating to the manufacture, importation, or exportation of, or trafficking in, gamma-hydroxybutyric acid and its salts (GHB), or the List I chemical gamma-butyrolactone.
(Sec. 5) Directs the Commission to promulgate amendments under this Act as soon as practicable after this Act's enactment date in accordance with a procedure set forth in the Sentencing Act of 1987 (emergency guidelines promulgation authority), as though the authority under that Act had not expired.
(Sec. 6) Amends the CSA to prohibit any person from teaching, demonstrating, or distributing information pertaining to the manufacture of: (1) a controlled substance with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a crime; or (2) a controlled substance to any person knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes an offense. Sets penalties for violations.
(Sec. 7) Requires the head of each Federal department, agency, and establishment (department) to place anti-drug messages on appropriate Internet websites controlled by such department which shall contain an electronic hyperlink to the Internet website of the Office of National Drug Control Policy.
(Sec. 8) Amends the Public Health Service Act to authorize the Administrator of the Substance Abuse and Mental Health Services Administration to make grants to, and enter into contracts and cooperative agreements with, public and nonprofit private entities to carry out: (1) school-based programs concerning the dangers of abuse of and addiction to MDMA, PMA, or related drugs, using methods that are effective and science-based, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and (2) community-based abuse and addiction prevention programs relating to MDMA, PMA, or related drugs that are effective and science-based.
Sets forth provisions regarding: (1) permissible uses of grant funds; (2) priorities for grants; (3) a specified annual allocation to support and conduct periodic analyses and evaluations of effective prevention programs for abuse of and addiction to MDMA, PMA, or related drugs and the development of strategies for disseminating information about and implementing such programs; and (4) reporting requirements. Authorizes appropriations.
Requires the Director of the Office of National Drug Control Policy, in conducting the national media campaign under the Drug-Free Media Campaign Act of 1998, to ensure that such campaign addresses the reduction and prevention of abuse of MDMA, PMA, or related drugs among young people in the United States. | {"src": "billsum_train", "title": "Club Drug Anti-Proliferation Act of 2000"} | 3,506 | 610 | 0.462241 | 1.701142 | 0.612718 | 4.770833 | 5.589015 | 0.945076 |
SECTION 1. IMMIGRANTS WITH ADVANCED DEGREES.
(a) Worldwide Level.--Section 201 of the Immigration and
Nationality Act (8 U.S.C. 1151) is amended--
(1) in subsection (a)(3), by inserting ``and immigrants
with advanced degrees'' after ``diversity immigrants''; and
(2) by amending subsection (e) to read as follows:
``(e) Worldwide Level of Diversity Immigrants and Immigrants With
Advanced Degrees.--
``(1) Diversity immigrants.--The worldwide level of
diversity immigrants described in section 203(c)(1) is equal to
18,333 for each fiscal year.
``(2) Immigrants with advanced degrees.--The worldwide
level of immigrants with advanced degrees described in section
203(c)(2) is equal to 36,667 for each fiscal year.''.
(b) Allocation of Immigrant Visas.--Section 203 of the Immigration
and Nationality Act (8 U.S.C. 1153(c)) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``paragraph (2),
aliens subject to the worldwide level specified in
section 201(e)'' and inserting ``paragraphs (2) and
(3), aliens subject to the worldwide level specified in
section 201(e)(1)'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Aliens who hold an advanced degree in science,
mathematics, technology, or engineering.--
``(A) In general.--Qualified immigrants who hold a
master's or doctorate degree in the life sciences, the
physical sciences, mathematics, technology, or
engineering shall be allotted visas each fiscal year in
a number not to exceed the worldwide level specified in
section 201(e)(2).
``(B) Economic considerations.--Beginning on the
date which is 1 year after the date of the enactment of
this paragraph, the Secretary of State, in consultation
with the Secretary of Commerce and the Secretary of
Labor, and after notice and public hearing, shall
determine which of the degrees described in
subparagraph (A) will provide immigrants with the
knowledge and skills that are most needed to meet
anticipated workforce needs and protect the economic
security of the United States.'';
(D) in paragraph (3), as redesignated, by striking
``this subsection'' each place it appears and inserting
``paragraph (1)''; and
(E) by amending paragraph (4), as redesignated, to
read as follows:
``(4) Maintenance of information.--
``(A) Diversity immigrants.--The Secretary of State
shall maintain information on the age, occupation,
education level, and other relevant characteristics of
immigrants issued visas under paragraph (1).
``(B) Immigrants with advanced degrees.--The
Secretary of State shall maintain information on the
age, degree (including field of study), occupation,
work experience, and other relevant characteristics of
immigrants issued visas under paragraph (2).''; and
(2) in subsection (e)--
(A) in paragraph (2), by striking ``(c)'' and
inserting ``(c)(1)'';
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following:
``(3) Immigrant visas made available under subsection (c)(2) shall
be issued as follows:
``(A) If the Secretary of State has not made a
determination under subsection (c)(2)(B), immigrant visas shall
be issued in a strictly random order established by the
Secretary for the fiscal year involved.
``(B) If the Secretary of State has made a determination
under subsection (c)(2)(B) and the number of eligible qualified
immigrants who have a degree selected under such subsection and
apply for an immigrant visa described in subsection (c)(2) is
greater than the worldwide level specified in section
201(e)(2), the Secretary shall issue immigrant visas only to
such immigrants and in a strictly random order established by
the Secretary for the fiscal year involved.
``(C) If the Secretary of State has made a determination
under subsection (c)(2)(B) and the number of eligible qualified
immigrants who have degrees selected under such subsection and
apply for an immigrant visa described in subsection (c)(2) is
not greater than the worldwide level specified in section
201(e)(2), the Secretary shall--
``(i) issue immigrant visas to eligible qualified
immigrants with degrees selected in subsection
(c)(2)(B); and
``(ii) issue any immigrant visas remaining
thereafter to other eligible qualified immigrants with
degrees described in subsection (c)(2)(A) in a strictly
random order established by the Secretary for the
fiscal year involved.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2007.
SEC. 2. CARRYOVER OF ADVANCED DEGREE VISAS AND DIVERSITY VISAS.
Section 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act
(8 U.S.C. 1154(a)(1)(I)(ii)(II)) is amended to read as follows:
``(II) An immigrant visa made available under subsection 203(c) for
fiscal year 2007, or for any subsequent fiscal year, may be issued, or
adjustment of status under section 245(a) may be granted, to an
eligible qualified alien who has properly applied for such visa or
adjustment of status in the fiscal year for which the alien was
selected notwithstanding the end of such fiscal year. Such visa or
adjustment of status shall be counted against the worldwide levels set
forth in section 201(e) for the fiscal year for which the alien was
selected.''. | Amends the Immigration and Nationality Act to include immigrants with advanced degrees in the diversity immigrant category. Establishes the annual worldwide limit for such immigrants at 18,333 for diversity immigrants and 36,667 for advanced degree immigrants. Provides that immigrants with advanced degrees in science, technology, engineering, or math shall have a separate limitation equal to that for advanced degree immigrants, which shall include economic and workforce considerations.
Directs the Secretary of State to maintain age, education, and occupation information on diversity and advanced degree immigrants.
Provides for the carryover of advanced degree and diversity visas. | {"src": "billsum_train", "title": "A bill to amend title II of the Immigration and Nationality Act to reform the diversity visa program and create a program that awards visas to aliens with an advanced degree."} | 1,318 | 125 | 0.576949 | 1.530196 | 0.544933 | 2.027778 | 10.833333 | 0.861111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mosquito Abatement for Safety and
Health Act''.
SEC. 2. GRANTS REGARDING PREVENTION OF MOSQUITO-BORNE DISEASES.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.), as amended by section 4 of Public Law 107-84 and section 312
of Public Law 107-188, is amended--
(1) by transferring section 317R from the current placement
of the section and inserting the section after section 317Q;
and
(2) by inserting after section 317R (as so transferred) the
following section:
``SEC. 317S. MOSQUITO-BORNE DISEASES; ASSESSMENT AND CONTROL GRANTS TO
POLITICAL SUBDIVISIONS; COORDINATION GRANTS TO STATES.
``(a) Prevention and Control Grants to Political Subdivisions.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
make grants to political subdivisions of States for the
operation of mosquito control programs to prevent and control
mosquito-borne diseases (referred to in this section as
`control programs').
``(2) Preference in making grants.--In making grants under
paragraph (1), the Secretary shall give preference to political
subdivisions that--
``(A) have an incidence or prevalence of mosquito-
borne disease, or a population of infected mosquitoes,
that is substantial relative to other political
subdivisions;
``(B) demonstrate to the Secretary that the
political subdivisions will, if appropriate to the
mosquito circumstances involved, effectively coordinate
the activities of the control programs with contiguous
political subdivisions; and
``(C) demonstrate to the Secretary (directly or
through State officials) that the State in which the
political subdivision is located has identified or will
identify geographic areas in the State that have a
significant need for control programs and will
effectively coordinate such programs in such areas.
``(3) Requirement of assessment and plan.--A grant may be
made under paragraph (1) only if the political subdivision
involved--
``(A) has conducted an assessment to determine the
immediate needs in such subdivision for a control
program, including an entomological survey of potential
mosquito breeding areas; and
``(B) has, on the basis of such assessment,
developed a plan for carrying out such a program.
``(4) Requirement of matching funds.--
``(A) In general.--With respect to the costs of a
control program to be carried out under paragraph (1)
by a political subdivision, a grant under such
paragraph may be made only if the subdivision agrees to
make available (directly or through donations from
public or private entities) non-Federal contributions
toward such costs in an amount that is not less than
\1/3\ of such costs ($1 for each $2 of Federal funds
provided in the grant).
``(B) Determination of amount contributed.--Non-
Federal contributions required in subparagraph (A) may
be in cash or in kind, fairly evaluated, including
plant, equipment, or services. 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.
``(C) Waiver.--The Secretary may waive the
requirement established in subparagraph (A) if the
Secretary determines that extraordinary economic
conditions in the political subdivision involved
justify the waiver.
``(5) Reports to secretary.--A grant may be made under
paragraph (1) only if the political subdivision involved agrees
that, promptly after the end of the fiscal year for which the
grant is made, the subdivision will submit to the Secretary,
and to the State within which the subdivision is located, a
report that describes the control program and contains an
evaluation of whether the program was effective.
``(6) Amount of grant; number of grants.--A grant under
paragraph (1) for a fiscal year may not exceed $100,000. A
political subdivision may not receive more than one grant under
such paragraph.
``(b) Assessment Grants to Political Subdivisions.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
make grants to political subdivisions of States to conduct the
assessments and to develop the plans that are required in
paragraph (3) of subsection (a) as a condition of receiving a
grant under paragraph (1) of such subsection.
``(2) Amount of grant; number of grants.--A grant under
paragraph (1) for a fiscal year may not exceed $10,000. A
political subdivision may not receive more than one grant under
such paragraph.
``(c) Coordination Grants to States.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
make grants to States for the purpose of coordinating control
programs in the State.
``(2) Preference in making grants.--In making grants under
paragraph (1), the Secretary shall give preference to States
that have one or more political subdivisions with an incidence
or prevalence of mosquito-borne disease, or a population of
infected mosquitoes, that is substantial relative to political
subdivisions in other States.
``(3) Certain requirements.--A grant may be made under
paragraph (1) only if--
``(A) the State involved has developed, or agrees
to develop, a plan for coordinating control programs in
the State, and the plan takes into account any
assessments or plans described in subsection (a)(3)
that have been conducted or developed, respectively, by
political subdivisions in the State;
``(B) in developing such plan, the State consulted
or will consult (as the case may be under subparagraph
(A)) with political subdivisions in the State that are
carrying out or planning to carry out control programs;
and
``(C) the State agrees to monitor control programs
in the State in order to ensure that the programs are
carried out in accordance with such plan, with priority
given to coordination of control programs in political
subdivisions described in paragraph (2) that are
contiguous.
``(4) Reports to secretary.--A grant may be made under
paragraph (1) only if the State involved agrees that, promptly
after the end of the fiscal year for which the grant is made,
the State will submit to the Secretary a report that--
``(A) describes the activities of the State under
the grant; and
``(B) contains an evaluation of whether the control
programs of political subdivisions in the State were
effectively coordinated with each other, which
evaluation takes into account any reports that the
State received under subsection (a)(5) from such
subdivisions.
``(5) Amount of grant; number of grants.--A grant under
paragraph (1) for a fiscal year may not exceed $10,000. A State
may not receive more than one grant under such paragraph.
``(d) Applications for Grants.--A grant may be made under
subsection (a), (b), or (c) only if an application for the grant is
submitted to the Secretary and the application is in such form, is made
in such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to carry out
this section.
``(e) Technical Assistance.--The Secretary may provide training and
technical assistance with respect to the planning, development, and
operation of control programs under subsection (a) and assessments and
plans under subsection (b). The Secretary may provide such technical
assistance directly or through awards of grants or contracts to public
and private entities.
``(f) Definitions.--For purposes of this section:
``(1) The term `control program' has the meaning indicated
for such term in subsection (a)(1).
``(2) The term `political subdivision' means the local
political jurisdiction immediately below the level of State
government, including counties, parishes, and boroughs. If
State law recognizes an entity of general government that
functions in lieu of, and is not within, a county, parish, or
borough, the Secretary may recognize an area under the
jurisdiction of such other entities of general government as a
political subdivision for purposes of this Act.
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $100,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 through 2007. In the case of control programs carried
out in response to a mosquito-borne disease that constitutes a public
health emergency, the authorization of appropriations under the
preceding sentence is in addition to applicable authorizations of
appropriations under the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002.''.
SEC. 3. RESEARCH PROGRAM OF NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES.
Subpart 12 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285 et seq.) is amended by adding at the end the following
section:
``methods of controlling certain insect populations
``Sec. 463B. The Director of the Institute shall conduct or support
research to identify or develop methods of controlling the population
of insects that transmit to humans diseases that have significant
adverse health consequences.''.
Passed the House of Representatives October 1, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Mosquito Abatement for Safety and Health Act - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to make grants to political subdivisions of States ("localities") for the operation of mosquito control programs to prevent and control mosquito-borne diseases. Directs the Secretary to give preference in issuing the grants to certain types of localities, including those that have a high incidence of mosquito-borne disease or a substantial population of infected mosquitoes.Allows grants for control programs only to localities that have: (1) conducted an assessment of the needs for a program, with such assessment including an entomological survey of potential mosquito breeding areas; and (2) developed, based on the assessment, a plan for carrying out a control program. Requires each locality receiving a grant for a control program to make available matching funds in an amount not less than 1/3 of the cost of the program. Allows the Secretary to waive the matching requirement in the case of extraordinary economic conditions in a locality. Requires a locality receiving a grant to submit a report to the Secretary and to the State in which the locality is located describing the control program and its effectiveness. Limits the amount of a grant for a control program to a maximum of $100,000 for one year, and prohibits a locality from receiving more than one such grant.Permits the Secretary, acting through the Director, to make grants, not to exceed $10,000 for one year, to localities for conducting assessments and plans for control programs. Limits the number of such grants a locality may receive to one.Allows the Secretary, acting through the Director, to make grants to States for the purpose of coordinating control programs, with preference for States that have one or more localities with high incidences of mosquito-borne disease or with substantial populations of infected mosquitoes.Requires States receiving grants to: (1) have developed, or to have agreed to develop, a plan for coordinating control programs in the State which takes into account any assessments or plans for control programs that have been conducted or developed in the State; (2) agree to monitor control programs in the State to ensure they are carried out in accordance with such plan; and (3) submit a report to the Secretary describing the activities of the State under the grant and evaluating whether the control programs of localities were effectively coordinated with each other. Limits such a grant to a maximum of $10,000 for one year, and prohibits a State from receiving more than one grant.Permits the Secretary to provide training and technical assistance to localities with respect to the planning, development, and operation of control programs and assessments and plans, either directly or through award of grants or contracts to public and private entities.Authorizes appropriations.(Sec. 3) Requires the Director of the National Institute of Environmental Health Sciences to conduct or support research into methods to control the population of insects that transmit dangerous diseases to humans. | {"src": "billsum_train", "title": "To authorize grants through the Centers for Disease Control and Prevention for mosquito control programs to prevent mosquito-borne diseases."} | 2,113 | 668 | 0.689573 | 2.052056 | 0.784798 | 3.12069 | 3.410345 | 0.9 |
SECTION 1. DISPOSITION OF WEAPONS-USABLE PLUTONIUM AT THE SAVANNAH
RIVER SITE, AIKEN, SOUTH CAROLINA.
(a) Findings.--Congress finds the following:
(1) In September 2000, the United States and the Russian
Federation signed a Plutonium Management and Disposition
Agreement by which each agreed to dispose of 34 metric tons of
weapons-grade plutonium.
(2) The agreement with Russia is a significant step toward
safeguarding nuclear materials and preventing their diversion
to rogue states and terrorists.
(3) The Department of Energy plans to dispose of 34 metric
tons of weapons-grade plutonium of the United States before the
end of 2019 by converting the plutonium to a mixed-oxide fuel
to be used in commercial nuclear power reactors.
(4) The Department has formulated a plan for implementing
the agreement with Russia through construction of a mixed-oxide
fuel fabrication facility and a pit disassembly and conversion
facility at the Savannah River Site.
(5) The United States and the State of South Carolina have
a compelling interest in the safe, proper, and efficient
operation of the plutonium disposition facilities at the
Savannah River Site. The MOX facility will also be economically
beneficial to the State of South Carolina, and that economic
benefit will not be fully realized unless the MOX facility is
built. The State of South Carolina therefore desires to ensure
that all plutonium transferred to the State of South Carolina
is stored safely; that the full benefits of the MOX facility
are realized as soon as possible; and, specifically, that all
defense plutonium or defense plutonium materials transferred to
the Savannah River Site either be processed or be removed
expeditiously.
(b) Plan Required.--
(1) Not later than February 1, 2003, the Secretary of
Energy shall submit to Congress a plan for the construction and
operation of the MOX facility. The plan shall include a
schedule for construction and operations so as to achieve, as
of January 1, 2009, the MOX production objective and to produce
one metric ton of mixed-oxide fuel by December 31, 2009. The
plan shall also include a schedule of operations designed so
that 34 metric tons of defense plutonium and defense plutonium
materials at the Savannah River Site will be processed into
mixed-oxide fuel by January 1, 2019.
(2) Not later than February 15 of each year beginning in
2004 and continuing for as long as the MOX facility is in use,
the Secretary shall submit to Congress a report on the
implementation of the plan required by paragraph (1). Each such
report shall include an assessment of compliance with the
schedule referred to in paragraph (1) and a certification by
the Secretary that the MOX production objective can be met by
January 1, 2009.
(3) For years after 2009, each such report shall address
whether the MOX production objective has been met and shall
report progress toward meeting the obligations of the United
States under the United States Plutonium Management and
Disposition Agreement dated September 2000.
(4) For years after 2017, each such report shall also
include an assessment of compliance with the MOX production
objective and, if not in compliance, the plan of the Secretary
for achieving one of the following:
(A) Compliance with such objective.
(B) Removal of all remaining defense plutonium and
defense plutonium materials from the State of South
Carolina.
(c) Corrective Actions.--
(1) If any report under subsection (b)(2) for a year after
2003 indicates that construction or operation at the MOX
facility is behind, by 12 months or more, the schedule required
by subsection (b)(1), the Secretary shall submit to Congress,
not later than August 15 of the same year, a plan for corrective
actions to be implemented by the Secretary to ensure that the project
is capable of meeting the MOX production objective by January 1, 2009.
For years after 2009, such plan shall include corrective actions to be
implemented by the Secretary to ensure that the MOX production
objective is met. The plan for corrective actions shall establish
milestones for achieving such compliance with that objective.
(2) If, by reason of a failure to achieve milestones set
forth in the corrective action plan referred to in paragraph
(1), there is a substantial and material risk that the MOX
production objective will not be achieved by 2009, the
Secretary shall suspend further transfers of defense plutonium
and defense plutonium materials to be processed by the MOX
facility until such risk is addressed and the Secretary
certifies that the MOX production objective can be met by 2009.
After January 1, 2009, if, by reason of a failure to achieve
milestones set forth in the corrective action plan referred to
in paragraph (1), the MOX production objective has not been
achieved, the Secretary shall suspend further transfers of
defense plutonium and defense plutonium materials to be
processed by the MOX facility until the Secretary certifies
that the MOX production objective can be met.
(3) Upon a suspension of transfers under paragraph (2), the
Secretary shall submit to Congress a report on the options for
removing from the State of South Carolina an amount of defense
plutonium or defense plutonium materials equal to the amount of
such plutonium or plutonium materials transferred to the State
of South Carolina after April 15, 2002. The report shall
include an analysis of each such option, including costs,
schedules, and any implications relating to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
(hereinafter referred to as ``NEPA''). Upon submission of the
report, the Secretary shall commence any NEPA analysis that may
be required to select among the options analyzed.
(d) Limitation.--If the MOX production objective is not achieved as
of January 1, 2009, the Secretary shall, consistent with NEPA and other
governing laws, remove from the State of South Carolina, for storage or
disposal elsewhere--
(1) not later than January 1, 2011, not less than one
metric ton of defense plutonium or defense plutonium materials;
and
(2) not later than January 1, 2017, an amount of defense
plutonium or defense plutonium materials equal to the amount of
such plutonium or plutonium materials transferred to the
Savannah River Site between April 15, 2002, and January 1,
2017, but not processed by the MOX facility.
(e) Economic/Impact Assistance.--
(1) If the MOX production objective is not achieved as of
January 1, 2011, the Secretary shall, from funds available to
the Secretary, pay economic/impact assistance to the State of
South Carolina in the amount of $1,000,000 per day, not to
exceed $100,000,000 per calendar year, until the MOX production
objective is achieved or until the Secretary has removed at
least one metric ton of defense plutonium or defense plutonium
materials from South Carolina.
(2) If, as of January 1, 2017, the MOX facility has not
processed mixed-oxide fuel from defense plutonium and defense
plutonium materials in the amount of not less than--
(A) one metric ton, in each of any two consecutive
calendar years; and
(B) three metric tons total,
the Secretary shall, from funds available to the Secretary, pay
economic/impact assistance to the State of South Carolina in
the amount of $1,000,000 per day, not to exceed $100,000,000
per calendar year, until an amount of defense plutonium or
defense plutonium material equal to the amount of such defense
plutonium or defense plutonium materials transferred to the
Savannah River Site between April 15, 2002, and January 1,
2017, but not processed by the MOX facility has been removed
from the State of South Carolina. Nothing in this paragraph
extinguishes other legal obligations set forth in this section.
(3) If the State of South Carolina obtains an injunction
that prohibits the Department of Energy from taking any action
necessary for it to meet any deadline specified by this
section, that deadline shall be extended for a period of time
equal to the period of time during which the injunction is in
effect.
(f) Failure To Complete Planned Disposition Program.--For each year
beginning with 2020 and continuing for as long as the MOX facility is
in use, if on July 1 of that year less than 34 metric tons of defense
plutonium and defense plutonium materials have been processed by the
MOX facility, the Secretary shall submit to Congress a plan for
either--
(1) completing the processing of 34 metric tons of defense
plutonium and defense plutonium materials; or
(2) removing from the State of South Carolina an amount of
defense plutonium or defense plutonium materials equal to the
amount of such plutonium or plutonium materials transferred to
the Savannah River Site after April 15, 2002, but not processed
by the MOX facility.
(g) Removal of Mixed-Oxide Fuel Upon Completion of Operations of
the MOX Facility.--If, one year after the date on which operation of
the MOX facility permanently ceases, any mixed-oxide fuel remains at
the Savannah River Site, the Secretary shall submit to Congress
either--
(1) a report on when such fuel will be transferred for use
in commercial nuclear reactors; or
(2) a plan for removing such fuel from the State of South
Carolina.
(h) MOX Production Objective Defined.--In this section, the term
``MOX production objective'' means production at the MOX facility of
mixed-oxide fuel from defense plutonium and defense plutonium materials
at an average rate equivalent to not less than one metric ton of mixed-
oxide fuel per year. The average rate shall be determined by measuring
production at the MOX facility from the date the facility is declared
operational to the Nuclear Regulatory Commission through the date of
assessment.
(i) MOX Facility Defined.--In this section, the term ``MOX
facility'' means the mixed-oxide fuel fabrication facility at the
Savannah River Site, Aiken, South Carolina.
(j) Defense Plutonium and Defense Plutonium Materials Defined.--In
this section, the term ``defense plutonium or defense plutonium
materials'' means weapons-usable plutonium.
(k) Defense Nuclear Facilities Safety Board Study.--
(1) The Defense Nuclear Facilities Safety Board shall
conduct a study of the adequacy of the K-Area Materials Storage
facility (KAMS) at the Savannah River Site for storage of
defense plutonium and defense plutonium materials in connection
with the disposition program provided in this section and in
the Department of Energy's amended Record of Decision for
fissile materials disposition. Not later than one year after
the date of the enactment of this Act, the Defense Nuclear
Facilities Safety Board shall submit to Congress and the
Secretary of Energy a report on the study. The report shall--
(A) at a minimum, address--
(i) the suitability of KAMS and related
support facilities for monitoring and observing
any such plutonium and plutonium materials
stored in KAMS;
(ii) the adequacy of the provisions the
Department has made for remote monitoring of
such plutonium and plutonium materials by way
of sensors and for handling of retrieval of
such plutonium and plutonium materials; and
(iii) the adequacy of KAMS should such
plutonium and plutonium materials continue to
be stored there beyond 2019; and
(B) contain such recommendations as the Board
considers necessary or desirable to enhance the safety,
reliability, and functionality of KAMS.
(2) Not later than six months after the date on which the
report under paragraph (1) is submitted to Congress, and every
one year thereafter, the Secretary and the Board shall each
submit to Congress a report on the Secretary's action with
respect to the recommendations. | Directs the Secretary of Energy to submit to Congress a plan for the construction and operation of a mixed-oxide fuel fabrication facility (for converting plutonium to a fuel for use in commercial nuclear power reactors) at the Savannah River Site, South Carolina. Requires annual reports on plan implementation and on progress in meeting obligations of the United States Plutonium Management and Disposition Agreement of September 2000. Requires appropriate corrective actions to be taken to meet plan requirements.Requires the Defense Nuclear Facilities Safety Board to conduct a study of the adequacy of the K-Area Materials Storage Facility at the Savannah River Site for the storage of defense plutonium and related materials in connection with a specified plutonium disposition program. | {"src": "billsum_train", "title": "To provide for the disposition of weapons-usable plutonium at the Savannah River Site, Aiken, South Carolina."} | 2,569 | 167 | 0.586351 | 1.69216 | 0.732714 | 4.407692 | 18.330769 | 0.930769 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Chemawa Indian
School Trust Transfer and Self-Determination Act of 2012''.
(b) Findings.--Congress finds the following:
(1) The Chemawa Indian School, originally opened in Forest
Grove, Oregon, in 1880, is the longest continuously operating
off-reservation boarding school for Indian children in the
United States.
(2) Circa 1885, Chemawa Indian School students and staff
donated significant resources toward the purchase of the Salem,
Oregon, school property and expressed a desire that the school
lands and buildings belong to the Indians.
(3) All the land purchased for the Chemawa Indian School
was deeded directly to the Federal Government, has never been
converted to trust status, and is not considered ``Indian
country'' under title 18, United States Code.
(4) The land that comprises the Chemawa Indian School is
now managed by the General Services Administration.
(5) As much as one-third of the Chemawa Indian School
property has been sold or transferred by the Federal Government
for various purposes, without direct benefit to the Chemawa
students and without input from the Oregon tribes regarding
whether such sales or transfers would affect the mission of the
Chemawa Indian School or whether the property could be used for
other Indian purposes.
(6) Consistent with principles of tribal self-
determination, decisions about the operation and future of the
Chemawa Indian school, lands, and purposes should be under the
control and authority of the Oregon tribes.
(7) Resolutions supporting the transfer of the Chemawa
Indian School into trust status for the benefit of the
federally recognized Indian tribes in Oregon have been passed
by the Confederated Tribes of the Warm Springs Reservation of
Oregon, the Confederated Tribes of Siletz Indians of Oregon,
the Confederated Tribes of the Umatilla Indian Reservation, the
Coquille Indian Tribe, the Confederated Tribes of Coos, the
Lower Umpqua and Siuslaw Indians, the Klamath Tribes, the Cow
Creek Band of Umpqua Indians, the Burns Paiute Tribe, the
Chemawa Indian School Board, the Affiliated Tribes of Northwest
Indians, and the National Congress of American Indians.
SEC. 2. CHEMAWA INDIAN SCHOOL AND CHEMAWA CEMETERY LAND HELD IN TRUST
FOR BENEFIT OF OREGON TRIBES.
(a) Transfer of Administration and Authorization to Hold in
Trust.--
(1) Transfer of administrative jurisdiction from the
general services administration.--The Administrator of the
General Services Administration shall transfer to the
Secretary, without reimbursement, administrative jurisdiction
over the land described in subsection (b).
(2) Holding in trust by secretary.--Upon completion of the
transfer of administrative jurisdiction under paragraph (1) and
subject to any existing encumbrances, rights of way,
restrictions, easements of record, or utility service
agreements in effect on the date of the enactment of this Act
with respect to the land described in subsection (b), the
Secretary shall hold in trust for the benefit of the Oregon
tribes the land described in subsection (b).
(3) Limitation.--Nothing in this subsection shall be
construed to prevent the future removal of the encumbrances
referred to in paragraph (2).
(b) Land Description.--
(1) In general.--The land to be held in trust under
subsection (a) is the land and improvements owned by the United
States and occupied by the Chemawa Indian School in Salem,
Oregon, including the cemeteries on such land, but excluding
the approximately 1.4 acres comprising the former Indian Health
Service School Clinic that is located within the following
sections:
(A) Section 36 of township 6 south, range 3 west.
(B) Section 31 of township 6 south, range 2 west.
(C) Section 1 of township 7 south, range 3 west.
(D) Section 6 of township 7 south, range 2 west.
(2) Survey.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
conduct a survey of the trust land.
(B) Adjustment.--Upon completion of the survey
conducted under subparagraph (A), the Secretary shall
provide an opportunity for public notice and comment on
the survey, including comments on any survey revision
or adjustment. After the revisions or adjustments have
been completed, the Secretary shall provide notice to
the Board of Trustees that the survey has been
completed.
(C) Availability of survey.--The Secretary shall
place a copy of the completed survey on file for public
inspection at the appropriate office of the Secretary.
The survey placed on file shall thereafter be the
official survey and legal description of the Chemawa
Indian School property and the Chemawa Cemetery
property.
(c) Condition.--
(1) Use of land.--As a condition of the Secretary holding
the trust land in trust, the Oregon tribes shall agree that
such land shall be used--
(A) in the case of land that is Chemawa Indian
School property only for--
(i) Indian educational purposes;
(ii) the direct support of the educational
programs and services carried out on such land
and other activities that support Indian
education carried out on such land;
(iii) the cultural benefit of the Oregon
tribes; and
(iv) any other purpose authorized by the
Board of Trustees and approved by the
Secretary; and
(B) in the case of land that is Chemawa Cemetery
property, only for cemetery purposes.
(2) Noncompliance.--If the Secretary determines that the
trust land is not being used for the purposes described in
paragraph (1), the Secretary may initiate any remedial action
the Secretary determines is appropriate, including seeking
injunctive relief.
(3) Prohibition on gaming.--As a condition of the Secretary
holding the trust land in trust, the Oregon tribes shall agree
that such land shall not be used to conduct gaming activities
as a matter of claimed inherent authority or under the
authority of any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) or under any
regulations thereunder promulgated by the Secretary or the
National Indian Gaming Commission.
SEC. 3. BOARD OF TRUSTEES.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a Chemawa Indian
School Board of Trustees.
(b) Composition.--The Board of Trustees shall be composed of nine
trustees and two adjunct trustee advisors appointed as follows:
(1) Each of the Oregon tribes shall appoint one trustee.
(2) One adjunct trustee advisor shall be appointed by the
Secretary to jointly represent Indian tribes from each of the
following Bureau of Indian Affairs Regions:
(A) The Alaska Region.
(B) The Northwest Region.
(C) The Pacific Region.
(D) The Rocky Mountain Region.
(E) The Great Plains Region.
(F) The Midwest Region.
(3) One adjunct trustee advisor shall be appointed by the
Secretary to jointly represent tribes from the following Bureau
of Indian Affairs Regions:
(A) The Western Region.
(B) The Navajo Region.
(C) The Southwest Region.
(D) The Eastern Oklahoma Region.
(E) The Southern Plains Region.
(F) The Eastern Region.
(c) Terms.--
(1) Trustees.--
(A) In general.--Each trustee shall be appointed
for a term of six years except as provided in
subparagraph (B).
(B) Terms of initial appointees.--As designated by
the Oregon tribes at the time of appointment, of the
trustees first appointed--
(i) one trustee shall be appointed for a
term of two years;
(ii) two trustees shall be appointed for a
term of three years;
(iii) two trustees shall be appointed for a
term of four years;
(iv) two trustees shall be appointed for a
term of five years; and
(v) two trustees shall be appointed for a
term of six years.
(2) Adjunct trustee advisors.--
(A) In general.--Each adjunct trustee advisor shall
be appointed for a term of six years, except as
provided in subparagraph (B).
(B) Terms of initial appointees.--As designated by
the Secretary at the time of appointment, of the
adjunct trustee advisors first appointed--
(i) one adjunct trustee advisor shall be
appointed for a term of three years; and
(ii) one adjunct trustee advisor shall be
appointed for a term of six years.
(d) Quorums and Voting.--
(1) Quorum.--Five trustees shall constitute a quorum to
conduct the business of the Board of Trustees.
(2) Voting.--
(A) Voting rights.--Each trustee shall have one
vote and an adjunct trustee advisor may not vote.
(B) Super-majority required.--Adoption of any
action by the Board of Trustees involving a material
change or decision with respect to the use, protection,
or development of any of the trust land, or a material
change in the status of the educational institution
operating on or activities conducted on such land shall
require the affirmative votes of at least seven
trustees voting in the majority.
(e) Duties and Responsibilities.--
(1) Trustees.--Subject to any regulations that may be
issued by the Secretary with respect to the trust land, the
Board of Trustees shall--
(A) establish protocols and procedures for the
organization and operation of the Board of Trustees;
(B) during such time as the Secretary directly
operates a school on such land, coordinate with the
Chemawa School Board regarding the organization and
operation of such School Board;
(C) serve as the beneficiary of such land regarding
decisions made by the United States with respect to the
management, use, protection, and development of such
land; and
(D) provide guidance and leadership relating to the
long-term welfare of such land and the Indian
educational and cultural functions conducted on such
land.
(2) Adjunct trustee advisors.--Adjunct trustee advisors
shall advise the Board of Trustees on how the use, operation,
protection, or development of the trust land affects the
Chemawa Indian School students from the Bureau of Indian
Affairs Regions the adjunct trustee advisors represent.
(f) Termination.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act (5 U.S.C. App.; relating to the termination of advisory
committees) shall not apply to the Board of Trustees.
SEC. 4. OPERATION OF CHEMAWA INDIAN SCHOOL.
(a) Operation by the Secretary.--The Secretary shall directly
operate the Chemawa Indian School unless the Board of Trustees assumes
operation of the school as described in subsection (b).
(b) Self-Determination Contract or Self-Governance Compact With the
Secretary.--The Board of Trustees may assume operation of the Chemawa
Indian School or use the trust land for any use specified in section
2(c) if the Board of Trustees, acting with the approval of a super-
majority of the Board of Trustees as provided in section 3(d)(2),
enters into a self-determination contract or self-governance compact
with the Secretary under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b et seq.) with respect to such assumption
or use.
(c) Educational Activities.--
(1) The Board of Trustees may undertake or authorize any
educational activity on the trust land during the operation of
the Chemawa Indian School by the Secretary if such activity
does not interfere with such operation.
(2) If the Board of Trustees assumes the operation of the
School under an Indian self-determination contract or self-
governance compact as described in subsection (b), the Board of
Trustees may undertake or authorize any educational activity
the Board of Trustees determines is appropriate.
SEC. 5. USE OF THE CHEMAWA INDIAN SCHOOL LAND IF NOT NEEDED FOR
EDUCATION PURPOSES.
(a) In General.--If the Secretary determines, after consultation
with the Board of Trustees, that the portion of the trust land occupied
by the Chemawa Indian School is no longer needed for Indian education
purposes, the Secretary shall certify that the land is not needed for
such purposes.
(b) Use by Tribes.--Notwithstanding the conditions on the use of
the trust land specified in section 2(c), if the Secretary makes the
certification under subsection (a), the Board of Trustees shall require
that such land be used for the collective benefit of the Oregon tribes.
SEC. 6. DEFINITIONS.
In this Act:
(1) Board of trustees.--The term ``Board of Trustees''
means the Chemawa Indian School Board of Trustees established
in section 3.
(2) Oregon tribes.--The term ``Oregon tribes'' means the
following federally recognized Indian tribes in Oregon:
(A) Burns Paiute Tribe.
(B) Coquille Indian Tribe.
(C) Confederated Tribes of Coos, Lower Umpqua, and
Siuslaw Indians.
(D) Confederated Tribes of the Grand Ronde
Community of Oregon.
(E) Confederated Tribes of Siletz Indians of
Oregon.
(F) Confederated Tribes of the Warm Springs
Reservation of Oregon.
(G) Confederated Tribes of the Umatilla Indian
Reservation.
(H) Cow Creek Band of Umpqua Tribe of Indians.
(I) Klamath Tribes.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trust land.--The term ``trust land'' means the land
described in section 2(b)(1). | Chemawa Indian School Trust Transfer and Self-Determination Act of 2012 - Directs the Administrator of the General Services Administration (GSA) to transfer to the Secretary of the Interior administrative jurisdiction over federally owned property occupied by the Chemawa Indian School and Chemawa Cemetery in Salem, Oregon.
Requires the Secretary to hold that property in trust for nine federally recognized Indian tribes in Oregon.
Requires the tribes to agree to use the Chemawa Indian School property only for their educational or cultural benefit, or for other purposes that are authorized by the Chemawa Indian School Board of Trustees (Board) and approved by the Secretary.
Prohibits gaming on such lands.
Directs the Secretary to establish the Board, which is to be composed of nine trustees appointed by the tribes and two adjunct trustee advisors appointed by the Secretary.
Authorizes the Board to assume operation of the Chemawa Indian School or use the trust land for purposes authorized by this Act if it enters into a self-determination or self-governance agreement with the Secretary regarding such assumption or use.
Requires the Board to use land occupied by the Chemawa Indian School for the collective benefit of the Oregon tribes, if the Secretary certifies that it is no longer needed for Indian education. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to hold in trust for the benefit of the nine federally recognized Indian tribes in Oregon the Chemawa Indian School land and improvements, and for other purposes."} | 3,102 | 288 | 0.627012 | 2.053459 | 0.709968 | 3.412766 | 11.710638 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sandpoint Land and Facilities
Conveyance Act of 2003''.
SEC. 2. CONVEYANCE OF SANDPOINT FEDERAL BUILDING AND ADJACENT LAND,
SANDPOINT, IDAHO.
(a) Transfer of Administrative Jurisdiction.--Not later than 30
days after the date of the enactment of this Act, the Administrator of
General Services shall transfer to the Secretary of Agriculture,
without reimbursement, administrative jurisdiction over the Sandpoint
Federal Building and approximately 3.17 acres of land in Sandpoint,
Idaho, as depicted on the map entitled ``Sandpoint Federal Building,''
dated September 12, 2002, on file in the Office of the Chief of the
Forest Service and the Office of the Supervisor, Idaho National
Panhandle Forest, Coeur d'Alene, Idaho.
(b) Assumption and Repayment of Debt.--As of the date on which
administrative jurisdiction of the property is transferred under
subsection (a), the Secretary shall assume the obligation of the
Administrator of General Services to repay to the Federal Finance Bank
the debt incurred with respect to the transferred property. The
Secretary may repay the debt using--
(1) the proceeds of the conveyance of the property under
this section;
(2) amounts appropriated to the Forest Service for the
rental, upkeep, and maintenance of facilities; and
(3) any other unobligated appropriated amounts available to
the Secretary.
(c) Conveyance of Property.--
(1) Conveyance authorized.--The Secretary may convey, by
quitclaim deed, all right, title, and interest of the United
States in and to the property transferred to the Secretary
under subsection (a). The conveyance may be made by sale or by
exchange.
(2) Solicitations of offers.--The Secretary may solicit
offers for the conveyance of the property under this section on
such terms and conditions as the Secretary may prescribe. The
Secretary may reject any offer made under this section if the
Secretary determines that the offer is not adequate or not in
the public interest.
(d) Consideration.--
(1) Conditions of sale.--If the property is conveyed under
subsection (c) by sale, the purchaser shall pay to the
Secretary an amount equal to the fair market value of the
property as determined under paragraph (3). At the election of
the Secretary, the consideration may be in the form of cash or
other consideration, including the construction of
administrative facilities for the National Forest System in
Bonner County, Idaho.
(2) Conditions of exchange.--If the property is conveyed in
exchange for construction of administrative facilities, the
conveyance shall be subject to--
(A) construction of the administrative facilities
in accordance with terms or conditions that the
Secretary may prescribe, including final building
design and costs;
(B) completion of the administrative facilities in
a manner satisfactory to the Secretary;
(C) the condition that the exchange be an equal
value exchange, or if the value of the property and the
administrative facilities are not equal, as determined
under paragraph (3), that the values be equalized in
accordance with paragraph (4); and
(D) any requirements of the Secretary that the
entity acquiring the property assume any outstanding
indebtedness on the property to the Federal Finance
Bank.
(3) Valuation.--The value of the property to be conveyed
under subsection (c), and the value of any administrative
facilities in exchange for the property, shall be determined by
an appraisal that conforms to the Uniform Appraisal Standards
for Federal Land Acquisitions and is acceptable to the
Secretary.
(4) Equalization of values.--Notwithstanding any other
provision of law, the Secretary may accept a cash equalization
payment in excess of 25 percent of the value of the property
conveyed under subsection (c).
SEC. 3. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
derived for the conveyance of the property under this section in the
fund established by Public Law 90-171 (commonly known as the ``Sisk
Act''; 16 U.S.C. 484a).
(b) Use of Proceeds.--Amounts deposited under subsection (a) shall
be available to the Secretary, without further appropriation and until
expended, for--
(1) the acquisition, construction, or improvement of
administrative facilities and associated land; and
(2) the acquisition of land and interests in land for
addition to the National Forest System in the Northern Region
of the Forest Service in the State of Idaho.
(c) Limitations.--Funds deposited under subsection (a) shall not be
paid or distributed to States or counties under any provision of law,
or otherwise considered moneys received from units of the National
Forest System for purposes of--
(1) the Act of May 23, 1908 (16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (16 U.S.C. 500,
commonly known as the ``Weeks Law''); or
(3) the Act of March 4, 1913 (16 U.S.C. 501).
(d) Management of Lands Acquired by the United States.--Subject to
valid existing rights, the Secretary shall manage any land acquired
under this Act, in accordance with the Act of March 1, 1911 (16 U.S.C.
480 et seq., commonly known as the ``Weeks Law'') and other laws
relating to the National Forest System.
(e) Applicable Law.--Except as otherwise provided in this section,
the conveyance of property under this section shall be subject to the
laws applicable to conveyances of National Forest System land. Part
1955 of title 7, Code
of Federal Regulations, shall not apply to any action carried out under
this section.
Passed the Senate November 24, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | Sandpoint Land and Facilities Conveyance Act of 2003 - Directs the Administrator of General Services to transfer to the Secretary of Agriculture jurisdiction over certain land in Sandpoint, Idaho, with the Secretary assuming the obligation of the Administrator to repay to the Federal Finance Bank the debt incurred with respect to the property.
Permits the Secretary to convey such property by: (1) sale for fair market value in the form of cash or other consideration; or (2) exchange for construction of administrative facilities for the National Forest System (NFS) in Bonner County, Idaho, and a cash equalization payment, if necessary. Requires a recipient to assume any outstanding indebtedness on the property to the Federal Finance Bank. Directs the Secretary to use proceeds from the sale of the property for: (1) the acquisition, construction, or improvement of administrative facilities and associated land; and (2) the acquisition of land for addition to the NFS in the Northern Region of the Forest Service in Idaho. Requires the Secretary to manage any land acquired under this Act in accordance with the Weeks Act and other laws relating to the NFS. | {"src": "billsum_train", "title": "A bill to provide for the conveyance by the Secretary of Agriculture of the Sandpoint Federal Building and adjacent land in Sandpoint, Idaho, and for other purposes."} | 1,277 | 238 | 0.655223 | 2.117303 | 0.808555 | 4.023474 | 5.511737 | 0.943662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Master Sergeant Roddie Edmonds
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Rodrick W. Edmonds (in this Act referred to as ``Roddie
Edmonds'' or ``Edmonds'') was born in 1919 in South Knoxville,
Tennessee, and graduated from Knoxville High School in 1938.
(2) Roddie Edmonds was a Master Sergeant in the United
States Army and a member of the 422nd Infantry Regiment while
serving during World War II.
(3) Roddie Edmonds landed in Europe in 1944 and fought to
the border between Belgium and Germany. In December of 1944,
while fighting in the Battle of the Bulge, Edmonds was captured
by Nazi forces and detained in Stalag IX-A, a prisoner of war
camp in Ziegenhain, Germany.
(4) Stalag IX-A was a site used to identify, segregate, and
remove Jewish soldiers from the general population of prisoners
of war and many of the Jewish soldiers who were so removed were
sent to labor camps or murdered. Members of the Armed Forces
were warned of this policy and aware that their fellow
servicemen could be at risk.
(5) As the senior noncommissioned officer in Stalag IX-A,
Master Sergeant Edmonds was responsible for 1,275 members of
the Armed Forces at the camp. Approximately 1 month after the
date on which Edmonds was detained, Edmonds was directed to
order the Jewish-American soldiers under his command to fall
out in order to separate the Jewish-American soldiers from
their fellow prisoners.
(6) Disregarding the orders of the Nazis, Roddie Edmonds
commanded all of his men to fall out and, the following
morning, all of the 1,275 members of the Armed Forces under the
command of Edmonds stood outside of their prison barracks.
(7) Upon seeing the soldiers, a German officer angrily
shouted, ``They cannot all be Jews!'', to which Edmonds
replied, ``We are all Jews here''.
(8) The German officer took out his pistol and pointed the
gun at the head of Edmonds, but Edmonds refused to identify the
Jewish soldiers. Instead, Edmonds responded, ``According to the
Geneva Convention, we only have to give our name, rank, and
serial number. If you shoot me, you will have to shoot all of
us and, after the war, you will be tried for war crimes''.
(9) The German officer turned away from Edmonds and the
other soldiers and left the scene. The actions taken by Edmonds
saved the lives of approximately 200 Jewish-American members of
the Armed Forces.
(10) Lester Tanner, a Jewish-American member of the Armed
Forces also captured during the Battle of the Bulge, witnessed
the incident and stated that, ``There was no question in my
mind, or that of Master Sergeant Edmonds, that the Germans were
removing the Jewish prisoners from the general population at
great risk to their survival. The U.S. Army's standing command
to its ranking officers in POW camps is that you resist the
enemy and care for the safety of your men to the greatest
extent possible. Master Sergeant Edmonds, at the risk of his
immediate death, defied the Germans with the unexpected
consequences that the Jewish prisoners were saved''.
(11) Edmonds survived 100 days in captivity and returned
home after the war. Later, Edmonds served the United States in
Korea as a member of the National Guard. Edmonds died in 1985,
but never told his family or anyone else of his brave actions
outside the barracks of Stalag IX-A during World War II.
(12) Edmonds was posthumously recognized by Yad Vashem, the
World Holocaust Remembrance Center in Jerusalem, as ``Righteous
Among the Nations'', the first member of the Armed Forces and 1
of only 5 people of the United States to be so recognized.
Avner Shalev, Chairman of Yad Vashem, announced the selection
of Edmonds by saying, ``Master Sergeant Roddie Edmonds seemed
like an ordinary American soldier, but he had an extraordinary
sense of responsibility and dedication to his fellow human
beings. . . . The choices and actions of Master Sergeant
Edmonds set an example for his fellow American soldiers as they
stood united against the barbaric evil of the Nazis''.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the posthumous award, on behalf of Congress, of a gold
medal of appropriate design to Roddie Edmonds in recognition of his
achievements and heroic actions during World War II.
(b) Design and Striking.--For the purpose of the award referred to
in subsection (a), the Secretary of the Treasury (referred to in this
Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
(c) Presentation and Award of Medal.--The gold medal referred to in
subsection (a) shall be presented, and following the presentation
awarded, to the next of kin of Roddie Edmonds.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under 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 under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Master Sergeant Roddie Edmonds Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Roddie Edmonds in recognition of his achievements and heroic actions during World War II. | {"src": "billsum_train", "title": "Master Sergeant Roddie Edmonds Congressional Gold Medal Act"} | 1,379 | 70 | 0.467613 | 1.334826 | 0.351565 | 5.54717 | 22.962264 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Supply Chain Transparency
on Trafficking and Slavery Act of 2015''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) In 2014, the Department of Labor identified 136 goods
from 74 countries around the world made by forced labor and
child labor.
(2) The United States is the world's largest importer, and
in the 21st century, investors, consumers, and broader civil
society increasingly demand information about the human rights
impact of products in the United States market.
(3) Courts have ruled that consumers do not have standing
to bring a civil action in United States courts for enforcement
of a provision in the Smoot Hawley Tariff Act of 1930
prohibiting importation of goods made with forced labor or
convict labor, and furthermore, the provision has a broad
exception for goods that cannot be produced in the United
States in sufficient quantities to meet the demands of American
consumers from tainted goods, consequently, there are fewer
than 40 enforcement actions on record in the past 80 years.
(4) Mechanisms under Federal law to prevent and punish
perpetrators of forced labor, slavery, human trafficking, and
the worst forms of child labor in the stream of commerce suffer
from problems of limited scope, broad expectations, and lack of
available information about goods that are produced along
supply chains tainted by these crimes and imported by the
United States.
(5) The Trafficking Victims Protection Reauthorization Act
of 2003 (Public Law 108-193) together with the Trafficking
Victims Protection Act of 2005 (Public Law 109-164) provide for
the termination of Federal contracts where a Federal contractor
or subcontractor engages in severe forms of trafficking in
persons or has procured a commercial sex act during the period
of time that the grant, contract, or cooperative agreement is
in effect, or uses forced labor in the performance of the
grant, contract, or cooperative agreement. The Trafficking
Victims Protection Act of 2005 also provides United States
courts with criminal jurisdiction abroad over Federal
employees, contractors, or subcontractors who participate in
severe forms of trafficking in persons or forced labor.
(6) Executive Order 13126, Prohibition of Acquisition of
Products Produced by Forced or Indentured Child Labor,
Executive Order 13627, Strengthening Protections Against
Trafficking In Persons In Federal Contracts, and title XVII of
the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239) have prohibited Federal contractors,
subcontractors, and their employees from engaging in the
following trafficking-related activities: charging labor
recruitment fees; confiscating passports and other identity
documents of workers; and using fraudulent recruitment
practices, including failing to disclose basic information or
making material misrepresentations about the terms and
conditions of employment. Such Executive order and Acts also
require Federal contractors, subcontractors, and their
employees to maintain an anti-trafficking compliance plan that
includes, among other elements, a complaint mechanism and
procedures to prevent subcontractors at any tier in the supply
chain from engaging in trafficking in persons.
(b) Sense of Congress.--It is the sense of Congress that--
(1) forced labor, slavery, human trafficking, and the worst
forms of child labor are among the most egregious forms of
abuse that humans commit against each other, for the sake of
commercial profit;
(2) the legislative and regulatory framework to prevent
goods produced by forced labor, slavery, human trafficking, and
the worst forms of child labor from passing into the stream of
commerce in the United States is gravely inadequate;
(3) legislation is necessary to provide consumers
information on products that are free of child labor, forced
labor, slavery, and human trafficking; and
(4) through publicly available disclosures, businesses and
consumers can avoid inadvertently promoting or sanctioning
these crimes through production and purchase of raw materials,
goods and finished products that have been tainted in the
supply chains.
SEC. 3. DISCLOSURE OF INFORMATION RELATING TO EFFORTS TO COMBAT THE USE
OF FORCED LABOR, SLAVERY, TRAFFICKING IN PERSONS, OR THE
WORST FORMS OF CHILD LABOR.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following new subsection:
``(s) Disclosures Relating to Efforts To Combat the Use of Forced
Labor, Slavery, Trafficking in Persons, or the Worst Forms of Child
Labor.--
``(1) Regulations.--Not later than 1 year after the date of
enactment of the Business Supply Chain Transparency on
Trafficking and Slavery Act of 2015, the Commission, in
consultation with the Secretary of State, shall promulgate
regulations to require that any covered issuer required to file
reports with the Commission under this section to include
annually in such reports, a disclosure whether the covered
issuer has taken any measures during the year for which such
reporting is required to identify and address conditions of
forced labor, slavery, human trafficking, and the worst forms
of child labor within the covered issuer's supply chain, and a
description of such measures taken. Such disclosure shall
include, under the heading `Policies to Address Forced Labor,
Slavery, Human Trafficking, and the Worst Forms of Child
Labor', information describing to what extent, if any, the
covered issuer conducts any of the following activities:
``(A) Whether the covered issuer maintains a policy
to identify and eliminate the risks of forced labor,
slavery, human trafficking, and the worst forms of
child labor within the covered issuer's supply chain
(such disclosure to include the text of the policy or
substantive description of the elements of the policy),
and actions the covered issuer has taken pursuant to or
in the absence of such policy.
``(B) Whether the covered issuer maintains a policy
prohibiting its employees and employees of entities
associated with its supply chain from engaging in
commercial sex acts with a minor.
``(C) The efforts of the covered issuer to evaluate
and address the risks of forced labor, slavery, human
trafficking, and the worst forms of child labor in the
product supply chain. If such efforts have been made,
such disclosure shall--
``(i) describe any risks identified within
the supply chain, and the measures taken toward
eliminating those risks;
``(ii) specify whether the evaluation was
or was not conducted by a third party;
``(iii) specify whether the process
includes consultation with the independent
labor organizations (as such term is defined in
section 2 of the National Labor Relations Act
(29 U.S.C. 152)), workers' associations, or
workers within workplaces and incorporates the
resulting input or written comments from such
independent labor organizations, workers'
associations, or workers and if so, the
disclosure shall describe the entities
consulted and specify the method of such
consultation; and
``(iv) specify the extent to which the
process covers entities within the supply
chain, including entities upstream in the
product supply chain and entities across lines
of products or services throughout the covered
issuer's product manufacturing.
``(D) The efforts of the covered issuer to ensure
that audits of suppliers within the supply chain of the
covered issuer are conducted to--
``(i) investigate the working conditions
and labor practices of such suppliers;
``(ii) verify whether such suppliers have
in place appropriate systems to identify risks
of forced labor, slavery, human trafficking,
and the worst forms of child labor within their
own supply chain; and
``(iii) evaluate whether such systems are
in compliance with the policies of the covered
issuer or efforts in absence of such policies.
``(E) The efforts of the covered issuer to--
``(i) require suppliers in the supply chain
to attest that the manufacture of materials
incorporated into any product and the
recruitment of labor are carried out in
compliance with the laws regarding forced
labor, slavery, human trafficking, and the
worst forms of child labor;
``(ii) maintain internal accountability
standards, supply chain management, and
procurement systems, and reporting procedures
for employees, suppliers, contractors, or other
entities within its supply chain failing to
meet the covered issuer's standards regarding
forced labor, slavery, human trafficking, and
the worst forms of child labor, including a
description of such standards, systems, and
procedures;
``(iii) train the employees and management
who have direct responsibility for supply chain
management on issues related to forced labor,
slavery, human trafficking, and the worst forms
of child labor, particularly with respect to
mitigating risks within the supply chains of
products; and
``(iv) ensure that labor recruitment
practices at all suppliers associated with the
supply chain comply with the covered issuer's
policies or efforts in absence of such policies
for eliminating exploitive labor practices that
contribute to forced labor, slavery, human
trafficking, and the worst forms of child
labor, including by complying with audits of
labor recruiters and disclosing the results of
such audits.
``(F) The efforts of the covered issuer in cases
where forced labor, slavery, human trafficking, and the
worst forms of child labor have been identified within
the supply chain, to ensure that remedial action is
provided to those who have identified as victims,
including support for programs designed to prevent the
recurrence of those events within the industry or
sector in which they have been identified.
``(2) Requirements for availability of information.--
``(A) Disclosure on company website.--The
regulations promulgated under paragraph (1) shall
require that the required information be disclosed by
the covered issuer on the Internet website of the
covered issuer through a conspicuous and easily
understandable link to the relevant information that
shall be labeled `Global Supply Chain Transparency'.
``(B) Disclosure on commission website.--The
Commission shall make available to the public in a
searchable format on the Commission's website--
``(i) a list of covered issuers required to
disclose any measures taken by the company to
identify and address conditions of forced
labor, slavery, human trafficking, and the
worst forms of child labor within the covered
issuer's supply chain, as required by this
subsection; and
``(ii) a compilation of the information
submitted under the rules issued under
paragraph (1).
``(3) Definitions.--As used in this subsection--
``(A) the term `covered issuer' means an issuer
that has annual worldwide global receipts in excess of
$100,000,000;
``(B) the terms `forced labor', `slavery', and
`human trafficking' mean any labor practice or human
trafficking activity in violation of national and
international standards, including International Labor
Organization Convention No. 182, the Trafficking
Victims Protection Act of 2000 (Public Law 106-386),
and acts that would violate the criminal provisions
related to slavery and human trafficking under chapter
77 of title 18, United States Code, if they had been
committed within the jurisdiction of the United States;
``(C) the term `remedial action' mean the
activities or systems that an issuer puts in place to
address non-compliance identified through monitoring or
verification, and may apply to individuals adversely
affected by the non-compliant conduct or address
broader systematic processes;
``(D) the term `supply chain', with respect to a
covered issuer disclosing the information required
under the regulations promulgated under this section,
means all labor recruiters, suppliers of products,
component parts of products, and raw materials used by
such entity in the manufacturing of such entity's
products whether or not such entity has a direct
relationship with the supplier; and
``(E) the term `the worst forms of child labor'
means child labor in violation of national and
international standards, including International Labor
Organization Convention No. 182.''. | Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 This bill expresses the sense of Congress that: (1) legislation is necessary to provide consumers information on products that are free of child labor, forced labor, slavery, and human trafficking; and (2) businesses and consumers, by means of publicly available disclosures, can avoid inadvertently promoting or sanctioning these crimes through production and purchase of raw materials, goods, and finished products that have been tainted in the supply chains. The bill amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC), within one year after enactment of this Act, to promulgate regulations requiring any covered issuer of a registered security to include in its mandatory annual report a disclosure of whether the issuer has taken any measures during the year to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the issuer's supply chains. The term "covered issuer" means an issuer that has annual worldwide global receipts in excess of $100 million. The regulations shall mandate that the required information be disclosed on such issuer's Internet website through a conspicuous and easily understandable link to the relevant information labeled "Global Supply Chain Transparency." The SEC must make available to the public in a searchable format on its website: (1) a list of covered issuers required to disclose such information, and (2) a compilation of the information disclosed. | {"src": "billsum_train", "title": "Business Supply Chain Transparency on Trafficking and Slavery Act of 2015"} | 2,635 | 324 | 0.503205 | 1.697686 | 0.723427 | 4.90681 | 8.942652 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Bird-Safe Buildings Act of
2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearly one-third of the 800 bird species in the United
States are endangered, threatened, or in significant decline.
(2) In the United States alone, an estimated 1 billion
birds die annually from striking buildings, bridges, and other
manmade structures, with glass being one of the primary causes
of the deaths.
(3) Birds have a significant impact on the United States
economy, as evidenced by United States Fish and Wildlife
Service estimates that the 47 million birdwatchers in the
United States contribute $40 billion annually to the Nation's
economy.
(4) The General Services Administration is obligated, under
Executive Order 13186, to ``support the conservation intent of
the migratory bird conventions by integrating bird conservation
principles, measures, and practices into agency activities and
by avoiding or minimizing, to the extent practicable, adverse
impacts on migratory bird resources when conducting agency
actions''.
SEC. 3. USE OF BIRD-SAFE BUILDING MATERIALS AND DESIGN FEATURES.
(a) In General.--Chapter 33 of title 40, United States Code, is
amended--
(1) by redesignating sections 3314, 3315, and 3316 as
sections 3315, 3316, and 3317, respectively; and
(2) by inserting after section 3313 the following:
``Sec. 3314. Use of bird-safe building materials and design features
``(a) Construction, Alteration, and Acquisition of Public
Buildings.--Each public building constructed, substantially altered, or
acquired by the Administrator of General Services shall meet, to the
maximum extent feasible, as determined by the Administrator, the
following standards:
``(1) At least 90 percent of the exposed facade material
from ground level to 40 feet--
``(A) shall not be composed of glass; or
``(B) shall be composed of glass employing--
``(i) elements that preclude bird
collisions without completely obscuring vision,
such as secondary facades, netting, screens,
shutters, and exterior shades;
``(ii) ultraviolet (UV) patterned glass
that contains UV-reflective or contrasting
patterns that are visible to birds;
``(iii) patterns on glass designed in
accordance with a rule that restricts
horizontal spaces to less than 2 inches high
and vertical spaces to less than 4 inches wide,
commonly referred to as the `2 X 4 rule';
``(iv) opaque, etched, stained, frosted, or
translucent glass; or
``(v) any combination of the methods
described in this subparagraph.
``(2) At least 60 percent of the exposed facade material
above 40 feet shall meet the standard described in paragraph
(1)(A) or (1)(B).
``(3) There shall not be any transparent passageways or
corners.
``(4) All glass adjacent to atria or courtyards containing
water features, plants, and other materials attractive to birds
shall meet the standard described in paragraph (1)(B).
``(5) Outside lighting shall be appropriately shielded and
minimized.
``(b) Monitoring.--The Administrator shall take such actions as may
be necessary to ensure that actual bird mortality is monitored at each
public building.
``(c) Existing Buildings and Lighting.--
``(1) In general.--The Administrator, where practicable, as
determined by the Administrator, shall reduce exterior building
and site lighting for each public building.
``(2) Use of automatic control technologies.--In carrying
out paragraph (1), the Administrator shall make use of
automatic control technologies, including timers, photo-
sensors, and infrared and motion detectors.
``(d) Exempt Buildings.--This section shall not apply to--
``(1) a historic building of national significance within
the meaning of the Act of August 21, 1935 (16 U.S.C. 461 et
seq.; commonly known as the Historic Sites, Buildings, and
Antiquities Act);
``(2) the White House and its grounds;
``(3) the Supreme Court building and its grounds; or
``(4) the United States Capitol and its related buildings
and grounds.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by striking the items relating to sections 3314, 3315, and 3316 and
inserting the following:
``3314. Use of bird-safe building materials and design features.
``3315. Delegation.
``3316. Report to Congress.
``3317. Certain authority not affected.''. | Federal Bird-Safe Buildings Act of 2015 Requires each public building constructed, substantially altered, or acquired by the General Services Administration (GSA) to meet the following standards: at least 90% of the exposed facade material from ground level to 40 feet shall not be composed of glass or shall be composed of glass employing elements that preclude bird collisions without completely obscuring vision, ultraviolet (UV) patterned glass that contains UV-reflective or contrasting patterns that are visible to birds, patterns on glass designed in accordance with a rule that restricts horizontal spaces to less than 2 inches high and vertical spaces to less than 4 inches wide, opaque, etched, stained, frosted, or translucent glass, orany combination of these methods (modified glass); at least 60% of the exposed facade material above 40 feet shall meet such glass standard; there shall not be any transparent passageways or corners; all glass adjacent to atria or courtyards containing water features, plants, and other materials attractive to birds shall meet the modified glass standard; and outside lighting shall be appropriately shielded and minimized. Directs GSA to: (1) ensure that actual bird mortality is monitored at each public building; and (2) reduce exterior building and site lighting for each public building, where practicable. Exempts historic buildings of national significance, the White House and its grounds, the Supreme Court building and its grounds, or the U.S. Capitol and its related buildings and grounds. | {"src": "billsum_train", "title": "Federal Bird-Safe Buildings Act of 2015"} | 1,035 | 309 | 0.644386 | 2.265835 | 0.951085 | 5.097122 | 3.517986 | 0.946043 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe Air Travel
for Animals Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--ANIMAL WELFARE
Sec. 101. Definition of transport.
Sec. 102. Information on incidence of animals in air transport.
Sec. 103. Reports by carriers on incidents involving animals during air
transport.
Sec. 104. Annual reports.
TITLE II--TRANSPORTATION
Sec. 201. Policies and procedures for transporting animals.
Sec. 202. Civil penalties and compensation for loss, injury, or death
of animals during air transport.
Sec. 203. Cargo hold improvements to protect animal health and safety.
SEC. 2. FINDINGS.
Congress finds that--
(1) animals are live, sentient creatures, with the ability
to feel pain and suffer;
(2) it is inappropriate for animals transported by air to
be treated as baggage;
(3) according to the Air Transport Association, over
500,000 animals are transported by air each year and as many as
5,000 of those animals are lost, injured, or killed;
(4) most injuries to animals traveling by airplane are due
to mishandling by baggage personnel, severe temperature
fluctuations, insufficient oxygen in cargo holds, or damage to
kennels;
(5) there are no Federal requirements that airlines report
incidents of animal loss, injury, or death;
(6) members of the public have no information to use in
choosing an airline based on its record of safety with regard
to transporting animals;
(7) the last congressional action on animals transported by
air was conducted over 22 years ago; and
(8) the conditions of cargo holds of airplanes must be
improved to protect the health, and ensure the safety, of
transported animals.
TITLE I--ANIMAL WELFARE
SEC. 101. DEFINITION OF TRANSPORT.
Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by
adding at the end the following:
``(p) Transport.--The term `transport', when used with respect to
the air transport of an animal by a carrier, means the transport of the
animal during the period the animal is in the custody of the carrier,
from check-in of the animal prior to departure until the animal is
returned to the owner or guardian of the animal at the final
destination of the animal.''.
SEC. 102. INFORMATION ON INCIDENCE OF ANIMALS IN AIR TRANSPORT.
Section 6 of the Animal Welfare Act (7 U.S.C. 2136) is amended--
(1) by striking ``Sec. 6. Every'' and inserting the
following:
``SEC. 6. REGISTRATION.
``(a) In General.--Each''; and
(2) by adding at the end the following:
``(b) Information on Incidence of Animals in Air Transport.--Not
later than 2 years after the date of enactment of this subsection, the
Secretary shall require each airline carrier to--
``(1) submit to the Secretary real-time information (as the
information becomes available, but at least 24 hours in advance
of a departing flight) on each flight that will be carrying a
live animal, including--
``(A) the flight number;
``(B) the arrival and departure points of the
flight;
``(C) the date and times of the flight; and
``(D) a description of the number and types of
animals aboard the flight; and
``(2) ensure that the flight crew of an aircraft is
notified of the number and types of animals, if any, on each
flight of the crew.''.
SEC. 103. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS DURING AIR
TRANSPORT.
Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is amended by
adding at the end the following:
``(e) Reports by Carriers on Incidents Involving Animals During Air
Transport.--
``(1) In general.--An airline carrier that causes, or is
otherwise involved in or associated with, an incident involving
the loss, injury, death or mishandling of an animal during air
transport shall submit a report to the Secretary of Agriculture
and the Secretary of Transportation that provides a complete
description of the incident.
``(2) Administration.--Not later than 90 days after the
date of enactment of this subsection, the Secretary of
Agriculture, in consultation with the Secretary of
Transportation, shall issue regulations that specify--
``(A) the type of information that shall be
included in a report required under paragraph (1),
including--
``(i) the date and time of an incident;
``(ii) the location and environmental
conditions of the incident site;
``(iii) the probable cause of the incident;
and
``(iv) the remedial action of the carrier;
and
``(B) a mechanism for notifying the public
concerning the incident.
``(3) Consumer information.--The Secretary of
Transportation shall include information received under
paragraph (1) in the Air Travel Consumer Reports and other
consumer publications of the Department of Transportation in a
separate category of information.
``(4) Consumer complaints.--Not later than 15 days after
receiving a consumer complaint concerning the loss, injury,
death or mishandling of an animal during air transport, the
Secretary of Transportation shall provide a description of the
complaint to the Secretary of Agriculture.''.
SEC. 104. ANNUAL REPORTS.
Section 25 of the Animal Welfare Act (7 U.S.C. 2155) is amended in
the first sentence--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) a summary of--
``(A) incidents involving the loss, injury, or
death of animals transported by airline carriers; and
``(B) consumer complaints regarding the
incidents.''.
TITLE II--TRANSPORTATION
SEC. 201. POLICIES AND PROCEDURES FOR TRANSPORTING ANIMALS.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41716. Policies and procedures for transporting animals
``An air carrier shall establish and include in each contract of
carriage under part 253 of title 14, Code of Federal Regulations (or
any successor regulation) policies and procedures of the carrier for
transporting animals safely, including--
``(1) training requirements for airline personnel in the
proper treatment of animals being transported;
``(2) information on the risks associated with air travel
for animals;
``(3) a description of the conditions under which animals
are transported;
``(4) the safety record of the carrier with respect to
transporting animals; and
``(5) plans for handling animals prior to and after flight,
and when there are flight delays or other circumstances that
may affect the health or safety of an animal during
transport.''.
(b) Table of Contents.--The analysis for chapter 417 of title 49,
United States Code, is amended by adding at the end of the items
relating to subchapter I the following:
``41716. Policies and procedures for transporting animals.''.
SEC. 202. CIVIL PENALTIES AND COMPENSATION FOR LOSS, INJURY, OR DEATH
OF ANIMALS DURING AIR TRANSPORT.
(a) In General.--Chapter 463 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 46317. Civil penalties and compensation for loss, injury, or
death of animals during air transport
``(a) Definitions.--In this section:
``(1) Carrier.--The term `carrier' means a person
(including any employee, contractor, or agent of the person)
operating an aircraft for the transportation of passengers or
property for compensation.
``(2) Transport.--The term `transport', when used with
respect to the air transport of an animal by a carrier, means
the transport of the animal during the period the animal is in
the custody of a carrier, from check-in of the animal prior to
departure until the animal is returned to the owner or guardian
of the animal at the final destination of the animal.
``(b) Civil Penalties.--
``(1) In general.--The Secretary may assess a civil penalty
of not more than $5,000 for each violation on, or issue a cease
and desist order against, any carrier that causes, or is
otherwise involved in or associated with, the loss, injury, or
death of an animal during air transport.
``(2) Cease and desist orders.--A carrier who knowingly
fails to obey a cease and desist order issued by the Secretary
under this subsection shall be subject to a civil penalty of
$1,500 for each offense.
``(3) Separate offenses.--For purposes of determining the
amount of a penalty imposed under this subsection, each
violation and each day during which a violation continues shall
be a separate offense.
``(4) Factors.--In determining whether to assess a civil
penalty under this subsection and the amount of the civil
penalty, the Secretary shall consider--
``(A) the size and financial resources of the
business of the carrier;
``(B) the gravity of the violation;
``(C) the good faith of the carrier; and
``(D) any history of previous violations by the
carrier.
``(5) Collection of penalties.--
``(A) In general.--On the failure of a carrier to
pay a civil penalty assessed by a final order under
this section, the Secretary shall request the Attorney
General to institute a civil action in a district court
of the United States or other United States court for
any district in which the carrier is found or resides
or transacts business, to collect the penalty.
``(B) Penalties.--The court shall have jurisdiction
to hear and decide an action brought under subparagraph
(A).
``(c) Compensation.--If an animal is lost, injured, or dies in
transport by a carrier, unless the carrier proves that the carrier did
not cause, and was not otherwise involved in or associated with, the
loss, injury, or death of the animal, the owner of the animal shall be
entitled to compensation from the carrier in an amount that--
``(1) is not less than 2 times any limitation established
by the carrier for loss or damage to baggage under part 254 of
title 14, Code of Federal Regulations (or any successor
regulation); and
``(2) includes all veterinary and other related costs that
are documented and initiated not later than 1 year after the
incident that caused the loss, injury, or death of the
animal.''.
(b) Table of Contents.--The analysis for chapter 463 of title 49,
United States Code, is amended by adding at the end the following:
``46317. Civil penalties and compensation for loss, injury, or death of
animals during air transport.''.
SEC. 203. CARGO HOLD IMPROVEMENTS TO PROTECT ANIMAL HEALTH AND SAFETY.
(a) In General.--To protect the health and safety of animals in
transport, the Secretary of Transportation shall--
(1) in conjunction with requiring certain transport
category airplanes used in passenger service to replace class D
cargo or baggage compartments with class C cargo or baggage
compartments under parts 25, 121, and 135 of title 14, Code of
Federal Regulations, to install, to the maximum extent
practicable, systems that permit positive airflow and heating
and cooling for animals that are present in cargo or baggage
compartments; and
(2) effective beginning January 1, 2001, prohibit the
transport of an animal by any carrier in a cargo or baggage
compartment that fails to include a system described in
paragraph (1).
(b) Report.--Not later than March 31, 2002, the Secretary shall
submit a report to Congress that describes actions that have been taken
to carry out subsection (a). | TABLE OF CONTENTS:
Title I: Animal Welfare
Title II: Transportation
Safe Air Travel for Animals Act -
Title I: Animal Welfare
- Amends the Animal Welfare Act to define "transport" with respect to air carrier transport of animals.
Requires airlines to report to: (1) the Secretary of Agriculture in advance of any flight that will be carrying a live animal; and (2) the Secretary of Agriculture and the Secretary of Transportation concerning injury, loss, death, or mistreatment of a carried animal.
Requires the Secretary of Transportation to: (1) make such information available to the public; and (2) forward animal-injury consumer complaints to the Secretary of Agriculture.
Requires the Secretary of Agriculture to include animal-injury information in the annual report on animal transportation.
Title II: Transportation
- Amends Federal law to require airlines to include in their contract of carriage policies and procedures for animal transportation safety.
Amends Federal law to provide civil penalties and compensation for animal loss, injury, or death during air transport.
Directs the Secretary of Transportation to provide for animal safety cargo hold improvements. | {"src": "billsum_train", "title": "Safe Air Travel for Animals Act"} | 2,737 | 235 | 0.644471 | 1.771186 | 0.731342 | 2.5 | 11.508929 | 0.901786 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Middle Class and
Small Business Tax Relief Act of 2012''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; etc.
Sec. 2. Permanent extension of certain 2001 tax relief for middle-class
families, small businesses, and family
farms.
Sec. 3. Permanent extension of 2003 tax relief for middle-class
families, small businesses, and family
farms.
Sec. 4. Temporary extension of 2009 tax relief.
Sec. 5. Temporary extension of estate tax relief.
Sec. 6. Temporary extension of increased alternative minimum tax
exemption amount.
Sec. 7. Temporary extension of alternative minimum tax relief for
nonrefundable personal credits.
SEC. 2. PERMANENT EXTENSION OF CERTAIN 2001 TAX RELIEF FOR MIDDLE-CLASS
FAMILIES, SMALL BUSINESSES, AND FAMILY FARMS.
(a) In General.--Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is amended--
(1) by striking ``this Act shall not apply--'' and all that
follows through ``in the case of title V,'' in subsection (a)
and inserting ``title V shall not apply'', and
(2) by striking ``years,'' in subsection (b).
(b) Application to Certain High-Income Taxpayers.--
(1) Income tax rates.--
(A) Treatment of 25- and 28-percent rate
brackets.--Paragraph (2) of section 1(i) is amended to
read as follows:
``(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.''.
(B) 33- and 35-percent rate brackets.--Subsection
(i) of section 1 is amended by redesignating paragraph
(3) as paragraph (6) and by inserting after paragraph
(2) the following new paragraph:
``(3) Applicable amounts in the fourth rate bracket.--
``(A) In general.--In the case of a taxpayer whose
applicable amount for the taxable year is in the fourth
rate bracket--
``(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.
``(iii) 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.
``(4) Applicable amounts in the highest rate bracket.--
``(A) In general.--In the case of a taxpayer whose
applicable amount for the taxable year is in the
highest rate bracket--
``(i) the tables under subsections (a),
(b), (c), and (d) shall be applied by
substituting `33%' for `36%' each place it
appears,
``(ii) the rate of tax under subsections
(a), (b), (c), and (d) on a taxpayer's taxable
income in the highest rate bracket shall be 35
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
``(iii) the 39.6 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) Highest rate bracket.--For purposes of this
paragraph, the term `highest rate bracket' means the
bracket which would (determined without regard to this
paragraph) be the 39.6-percent rate bracket.
``(5) Applicable amount.--For purposes of this subsection--
``(A) In general.--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).
``(B) Applicable threshold.--The term `applicable
threshold' means, in the case of any taxpayer for any
taxable year, the sum of--
``(i) the base amount, plus
``(ii) the small business and family farm
income of such taxpayer for such taxable year.
``(C) Base amount.--The term `base amount' means--
``(i) $250,000 in the case of subsection
(a),
``(ii) $200,000 in the case of subsections
(b) and (c), and
``(iii) \1/2\ the amount applicable under
clause (i) (after adjustment, if any, under
subparagraph (G)) in the case of subsection
(d).
``(D) Small business and family farm income.--
``(i) In general.--The term `small business
and family farm income' means, with respect to
any taxpayer for any taxable year, the gross
income of the taxpayer for such taxable year
which is attributable to--
``(I) any small trade or business
of the taxpayer (other than the trade
or business of being an employee), or
``(II) any dividends,
distributions, or interest received
from any small business.
``(ii) Deductions taken into account.--The
amount of gross income taken into account under
clause (i) shall be reduced by the amount of
any deductions properly allocable thereto.
``(iii) Small business.--The term `small
business' means any corporation or partnership
which employed an average of less than 500
employees on business days during the taxable
year. A trade or business shall be treated as a
small trade or business if such trade or
business would be a small business if such
trade or business was a corporation. For
purposes of this clause, all persons treated as
a single employer under subsection (b), (c),
(m), or (o) of section 414 shall be treated as
a single entity.
``(E) Inflation adjustment.--For purposes of this
paragraph, with respect to taxable years beginning in
calendar years after 2012, each of the dollar amounts
under clauses (i) and (ii) of subparagraph (C) shall be
adjusted in the same manner as under paragraph (1)(C),
except that subsection (f)(3)(B) shall be applied by
substituting `2011' for `1992'.''.
(2) Phaseout of personal exemptions and itemized
deductions.--
(A) Overall limitation on itemized deductions.--
Section 68 is amended--
(i) 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)'',
(ii) by striking ``the applicable amount''
in subsection (a)(1) and inserting ``such
applicable threshold'',
(iii) by striking subsection (b) and
redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively,
and
(iv) by striking subsections (f) and (g).
(B) Phaseout of deductions for personal
exemptions.--
(i) In general.--Paragraph (3) of section
151(d) 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).
(ii) Conforming amendments.--Paragraph (4)
of section 151(d) 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) Effective Date.--Except as otherwise provided, the amendments
made by this section shall apply to taxable years beginning after
December 31, 2012.
SEC. 3. PERMANENT EXTENSION OF 2003 TAX RELIEF FOR MIDDLE-CLASS
FAMILIES, SMALL BUSINESSES, AND FAMILY FARMS.
(a) Permanent Extension.--
(1) In general.--Section 303 of the Jobs and Growth Tax
Relief Reconciliation Act of 2003 is hereby repealed.
(2) Effective date.--The repeal made by this subsection
shall take effect as if included in the enactment of the Jobs
and Growth Tax Relief Reconciliation Act of 2003.
(b) 20-Percent Capital Gains Rate for Certain High-Income
Individuals.--
(1) In general.--Paragraph (1) of section 1(h) 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
paragraph) be taxed at a rate below 36
percent (39.6 percent in the case of a
taxpayer whose applicable amount (as
defined in subsection (i)(3)) is above
the dollar amount at which the highest
rate bracket (as defined in such
subsection) begins), over
``(II) the sum of the amounts on
which a 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) Minimum tax.--Paragraph (3) of section 55(b) is amended
by striking subparagraph (C), by redesignating subparagraph (D)
as subparagraph (E), 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 excess) as exceeds
the amount on which tax is determined under
subparagraph (B), or
``(ii) the excess described in section
1(h)(1)(C)(ii), plus
``(D) 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
subparagraphs (B) and (C), plus''.
(c) Conforming Amendments.--
(1) The following provisions are each amended by striking
``15 percent'' and inserting ``20 percent'':
(A) Section 531.
(B) Section 541.
(C) Section 1445(e)(1).
(D) The second sentence of section 7518(g)(6)(A).
(E) Section 53511(f)(2) of title 46, United States
Code.
(2) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by
striking ``5 percent (0 percent in the case of taxable years
beginning after 2007)'' and inserting ``0 percent''.
(3) Section 1445(e)(6) is amended by striking ``15 percent
(20 percent in the case of taxable years beginning after
December 31, 2010)'' and inserting ``20 percent''.
(d) Effective Dates.--
(1) In general.--Except as otherwise provided, the
amendments made by subsections (b) and (c) shall apply to
taxable years beginning after December 31, 2012.
(2) Withholding.--The amendments made by paragraphs (1)(C)
and (3) of subsection (c) shall apply to amounts paid on or
after January 1, 2013.
SEC. 4. TEMPORARY EXTENSION OF 2009 TAX RELIEF.
(a) American Opportunity Tax Credit.--
(1) In general.--Section 25A(i) is amended by striking ``or
2012'' and inserting ``2012, or 2013''.
(2) Treatment of possessions.--Section 1004(c)(1) of
division B of the American Recovery and Reinvestment Tax Act of
2009 is amended by striking ``and 2012'' each place it appears
and inserting ``2012, and 2013''.
(b) Child Tax Credit.--Section 24(d)(4) is amended--
(1) by striking ``and 2012'' in the heading and inserting
``2012, and 2013'', and
(2) by striking ``or 2012'' and inserting ``2012, or
2013''.
(c) Earned Income Tax Credit.--Section 32(b)(3) is amended--
(1) by striking ``and 2012'' in the heading and inserting
``2012, and 2013'', and
(2) by striking ``or 2012'' and inserting ``2012, or
2013''.
(d) Temporary Extension of Rule Disregarding Refunds in the
Administration of Federal Programs and Federally Assisted Programs.--
Subsection (b) of section 6409 is amended by striking ``December 31,
2012'' and inserting ``December 31, 2013''.
(e) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 5. TEMPORARY EXTENSION OF ESTATE TAX RELIEF.
(a) In General.--Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001, as amended by this Act, is amended by
striking ``December 31, 2012'' and inserting ``December 31, 2013''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Economic Growth and Tax
Relief Reconciliation Act of 2001.
SEC. 6. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX
EXEMPTION AMOUNT.
(a) In General.--Paragraph (1) of section 55(d) is amended--
(1) by striking ``$72,450'' and all that follows through
``2011'' in subparagraph (A) and inserting ``$78,750 in the
case of taxable years beginning in 2012'', and
(2) by striking ``$47,450'' and all that follows through
``2011'' in subparagraph (B) and inserting ``$50,600 in the
case of taxable years beginning in 2012''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 7. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR
NONREFUNDABLE PERSONAL CREDITS.
(a) In General.--Paragraph (2) of section 26(a) is amended--
(1) by striking ``or 2011'' and inserting ``2011, or
2012'', and
(2) by striking ``2011'' in the heading thereof and
inserting ``2012''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011. | Middle Class and Small Business Tax Relief Act of 2012 - Makes provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) permanent for taxpayers whose adjusted gross incomes do not exceed a specified base amount (i.e., $200,000 for individual taxpayers and $250,000 for married couples filing jointly). Revises income tax rates to increase to 39.6% the maximum income tax rate for taxpayers whose incomes exceed the base amount.
Makes provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce the tax rate on dividend and capital gains income for taxpayers whose incomes do not exceed the base amount permanent. Increases to 20% the tax rate on dividend and capital gains income for taxpayers whose incomes are above the base amount.
Amends the Internal Revenue Code to extend for an additional year: (1) the increased Hope Scholarship tax credit (designated as the American Opportunity Tax Credit), (2) the increase in the refundable portion of the child tax credit, (3) the increased percentage of the earned income tax credit for taxpayers with three or more qualifying children, (4) the disregard of tax refunds for purposes of determining eligibility for certain means tested federal programs, (5) the increased exemption from the alternative minimum tax (AMT) for individual taxpayers, and (6) the offset against the AMT for certain nonrefundable personal tax credits.
Extends until December 31, 2013, the estate, gift, and generation-skipping transfer provisions of EGTRRA. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax relief to middle-class families, small businesses, and family farms."} | 3,975 | 316 | 0.500472 | 1.379073 | 0.701227 | 1.84589 | 12.047945 | 0.756849 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surety Bond Improvement Act of
2007''.
SEC. 2. DEFINITIONS.
In this Act, the terms ``Administrator'' and ``Administration''
mean the Small Business Administration and the Administrator thereof,
respectively.
SEC. 3. SURETY BONDS.
(a) Rates.--Section 411(a) of the Small Business Investment Act of
1958 (15 U.S.C. 694b(a)) is amended--
(1) in paragraph (1), by striking ``$2,000,000'' and
inserting ``$3,000,000''; and
(2) by adding at the end the following:
``(6) The Administrator shall authorize a surety that issues,
monitors, or services bonds under paragraph (3) to use rates approved
by the insurance commissioner in the State in which such contract will
be performed.''.
(b) Payment of Guarantees.--Section 411(b) of the Small Business
Investment Act of 1958 (15 U.S.C. 694b(b)) is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and adjusting the
margins accordingly;
(2) by striking ``Subject to the provisions'' and inserting
the following: ``Indemnification.--
``(1) In general.--Subject to the provisions'';
(3) by striking ``: Provided, however'' and inserting ``.
``(2) Conditions.--For a guarantee under this subsection--
'';
(4) by striking ``In no event shall'' and inserting the
following:
``(3) Maximum amount.--In no event shall''; and
(5) by adding at the end the following:
``(4) Payment of guarantees.--The Administrator may not
refuse to make payment on a guarantee under this subsection
based on facts, circumstances, or defects that the
Administrator reasonably should have identified during the
process of making the guarantee.''.
(c) Reports to Congress.--
(1) In general.--On the date on which the Administrator
provides notice of a proposed change in fees under section
411(h) of the Small Business Investment Act of 1958 (15 U.S.C.
694b(h)), the Administrator shall submit to the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives,
and make publically available, a report regarding the basis for
the change in fees.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) the contents of any study used by the
Administrator in determining whether to change fees
under section 411(h) of the Small Business Investment
Act of 1958; and
(B) the total amount of fees received under such
section 411(h) and the total cost of the program under
part B of title IV of the Small Business Investment Act
of 1958 (15 U.S.C. 694a et seq.)--
(i) for the first report submitted under
paragraph (1), during the 3-year period ending
on the date of the submission of the report;
and
(ii) for each subsequent report, during the
period beginning on the date of the submission
of the prior report submitted under paragraph
(1) and ending on the date of submission of
such subsequent report.
(d) Sense of Congress.--It is the sense of Congress that the
program under part B of title IV of the Small Business Investment Act
of 1958 (15 U.S.C. 694a et seq.) is not required to be self-funding
and, therefore, the program may at times operate at a loss.
SEC. 4. MEDIATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and in accordance with subchapter IV of chapter
5 of title 5, United States Code, the Administrator shall promulgate
regulations establishing a nonbinding, neutral, third party alternative
dispute resolution procedure for mediating an issue in controversy
between a participating surety and the Administration.
(b) Contents.--The regulations promulgated under subsection (a)
shall--
(1) permit either a participating surety or the
Administration to request alternative dispute resolution
proceedings; and
(2) establish--
(A) a process for selecting a neutral, third party
mediator;
(B) a reasonable time frame for the conclusion of
any mediation under this section; and
(C) a method for sharing the costs of any mediation
under this section between a participating surety and
the Administration.
(c) Definitions.--In this section--
(1) the term ``issue in controversy'' has the meaning given
that term in section 571 of title 5, United States Code;
(2) the term ``participating surety'' means a surety
participating in a program under part B of title IV of the
Small Business Investment Act of 1958 (15 U.S.C. 694a et seq.);
and
(3) the term ``surety'' has the meaning given that term in
section 410 of the Small Business Investment Act of 1958 (15
U.S.C. 694a). | Surety Bond Improvement Act of 2007 - Amends the Small Business Investment Act of 1958 to: (1) authorize the Administrator of the Small Business Administration (SBA) to guarantee any surety against loss from a small business principal's breach of bond on any total work or contract amount that does not exceed $3 million (under current law, $2 million); (2) direct the Administrator to authorize a surety that issues, monitors, or services such bonds to use rates approved by the insurance commissioner in the state in which the contract will be performed; and (3) prohibit the Administrator from refusing to make payment on a surety guarantee based on facts, circumstances, or defects that the Administrator should reasonably have identified during the guarantee process.
Requires the Administrator to notify the congressional small business committees regarding a proposed change in fees charged to guarantee surety bonds.
Expresses the sense of Congress that the surety bond guarantee program is not required to be self-funding and, therefore, may at times operate at a loss.
Directs the Administrator to establish a third-party alternative dispute resolution procedure for mediating an issue in controversy between a participating surety and the SBA. | {"src": "billsum_train", "title": "A bill to amend the Small Business Investment Act of 1958 to improve surety bond guarantees, and for other purposes."} | 1,161 | 255 | 0.63736 | 1.888716 | 0.734987 | 3.823789 | 4.581498 | 0.881057 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Labor Statistics Improvement Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established an independent commission to be known as the
``Commission to Improve Labor Statistics''.
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) examine and make an assessment of the process by which
the Bureau of Labor Statistics collects, processes, analyzes,
and disseminates statistical data relating to unemployment
rates, including--
(A) the methods used for determining that an
individual is or is not considered to be looking for
work, including what constitutes actively looking
versus passively looking or ``discouraged''; and
(B) the utility of the six measures used by the
Bureau for reporting labor underutilization;
(2) formulate recommendations for any improvement to such
process and methods, including proposals for any alternative
measures of labor force participation, taking into account--
(A) evidence that the official unemployment rate
doesn't always accurately reflect labor market
strength; and
(B) that unemployment rates may vary over a
business cycle due to changes in labor force
participation rather than from factors affecting labor
market strength; and
(3) develop a new method or methods for determining and
reporting underemployment that takes into consideration
workers--
(A) who are not in jobs that match their skill set
or education; and
(B) who are earning less than other workers in
similar occupations or with similar skill sets and
education.
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) Appointment.--The Commission shall be composed of four members
appointed from among individuals with experience in the private sector,
academia, or the Federal civil service, each having expertise in
economic analysis, understanding labor markets, or statistical
analysis. Members shall be appointed as follows:
(1) Two members appointed by the President.
(2) One member appointed by the President pro tempore of
the Senate.
(3) One member appointed by the Speaker of the House of
Representatives.
(b) Deadline for Appointment.--Each member shall be appointed to
the Commission not later than 180 days after the date of enactment of
this Act.
(c) Terms and Vacancies.--Each member shall be appointed for the
life of the Commission. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(d) Basic Pay and Travel Expenses.--Members shall serve without
pay. Each member shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Quorum.--Three members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(f) Chairperson.--The Chairperson of the Commission shall be
elected by the members.
(g) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 5. STAFF OF COMMISSION.
(a) Staff.--The Chairperson may appoint and fix the pay of the
personnel of the Commission as the Chairperson considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates.
(c) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
Act.
SEC. 6. REPORT OF COMMISSION.
Not later than 180 days after the date on which all original
members have been appointed to the Commission, the Commission shall
transmit to the President and Congress a report that contains a
detailed statement of the findings and recommendations of the
Commission developed pursuant to section 3.
SEC. 7. TERMINATION OF COMMISSION.
(a) Termination.--The Commission shall terminate 60 days after the
date of submission of the report pursuant to section 7.
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating the
second report. | Labor Statistics Improvement Act - Establishes an independent Commission to Improve Labor Statistics. Directs the Commission to: (1) examine and make an assessment of the process by which the Bureau of Labor Statistics (BLS) collects, processes, analyzes, and disseminates statistical data relating to unemployment rates, including the methods used for determining that an individual is considered to be looking for work; (2) formulate recommendations for any improvement to such process and methods, including proposals for any alternative measures of labor force participation, taking into account evidence that the official unemployment rate doesn't always accurately reflect labor market strength; and (3) develop a new method for determining and reporting underemployment that takes into consideration workers who are not in jobs that match their skill set or education and who are earning less than other workers in similar occupations or with similar skill sets and education. Directs the Commission to transmit a report to the President and Congress within 180 days after all of its original members have been appointed. Terminates the Commission 60 days after it submits such report. | {"src": "billsum_train", "title": "Labor Statistics Improvement Act"} | 1,012 | 217 | 0.693175 | 1.991226 | 0.902704 | 5.860697 | 4.517413 | 0.955224 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Opinion Coverage Act of
2002''.
SEC. 2. COVERAGE OF SECOND OPINIONS.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) 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. COVERAGE OF SECOND OPINIONS.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, shall provide that
when requested by a participant, beneficiary, or enrollee or
participating health care professional who is treating the participant,
beneficiary, or enrollee, the plan or issuer shall provide or authorize
a second opinion by an appropriately qualified health care
professional. Reasons for a second opinion to be provided or authorized
include the following:
``(1) If the participant, beneficiary, or enrollee
questions the reasonableness or necessity of recommended
surgical procedures.
``(2) If the participant, beneficiary, or enrollee
questions a diagnosis or plan of care for a condition that
threatens loss of life, loss of limb, loss of bodily function,
or substantial impairment, including a serious chronic
condition.
``(3) If the clinical indications are not clear or are
complex and confusing, a diagnosis is in doubt due to
conflicting test results, or the treating health care
professional is unable to diagnose the condition, and the
participant, beneficiary, or enrollee requests and additional
diagnosis.
``(4) If the treatment plan in progress is not improving
the medical condition of the participant, beneficiary, or
enrollee within an appropriate period of time given the
diagnosis and plan of care and the participant, beneficiary, or
enrollee requests a second opinion regarding the diagnosis or
continuance of the treatment.
``(5) If the participant, beneficiary, or enrollee has
attempted to follow the plan of care or consulted with the
initial provider concerning serious concerns about the
diagnosis or plan of care.
``(b) Appropriately Qualified Health Care Professional Defined.--
For purposes of this section, an `appropriately qualified health care
professional' is a primary care physician or a specialist who is acting
within the professional's scope of practice and who possesses a
clinical background, including training and expertise, related to the
particular illness, disease, condition or conditions associated with
the request for a second opinion.
``(c) Timely Rendering of Opinions.--If a participant, beneficiary,
or enrollee or participating health care professional who is treating a
participant, beneficiary, or enrollee requests a second opinion
pursuant to this section, an authorization or denial shall be provided
in an expeditious manner. When the condition of the participant,
beneficiary, or enrollee is such that the individual faces an imminent
and serious threat to health, including the potential loss of life,
limb, or other major bodily function, or lack of timeliness that would
be detrimental to the individual's ability to regarding maximum
function, the second opinion shall be rendered in a timely fashion
appropriate for the nature of the condition involved, but not to exceed
72 hours after the time of the plan's receipt of the request, whenever
possible. Each plan or issuer shall file with the Secretary timelines
for responding to requests for second opinions for cases involving
emergency needs, urgent care, and other requests by not later than 90
days after the date of the enactment of this section, and within 30
days of any amendment to the timelines. The timelines shall be made
available to the public upon request.
``(d) Limitation on Liability for Costs.--If a group health plan,
or health insurance issuer offering a group health insurance in
connection with such a plan, approves a request by a participant,
beneficiary, or enrollee for a second opinion, the participant,
beneficiary, or enrollee shall be responsible only for the costs of
applicable copayments that the group health plan or issuer requires for
similar referrals.
``(e) Primary Care Requests.--If the participant, beneficiary, or
enrollee is requesting a second opinion about care from the
individual's primary care physician, the second opinion shall be
provided by an appropriately qualified halth care profession of the
individual's choice within the same physician organization.
``(f) Specialists.--If the participant, beneficiary, or enrollee is
requesting a second opinion about care from a specialist, the second
opinion shall be provided by any provider of that individual's choice
from any independent practice association or medical group within the
network of the same or equivalent specialty. If the specialist is not
within the same physician organization, the plan or issuer shall incur
the cost or negotiate the fee arrangements of that second opinion,
beyond the applicable copayments which shall be paid by the
participant, beneficiary, or enrollee. If not authorized by the plan or
issuer, additional medical opinions not within the original physician
organization shall be the responsibility of the enrollee.
``(g) Use of Outside Plan Consultants.--If there is no
participating provider under the plan or coverage within the network
who meets the standard specified in subsection (b), then the plan or
issuer shall authorize a second opinion by an appropriately qualified
health professional outside of the plan's or issuer's provider network.
In approving a second opinion either inside or outside of the plan's or
issuer's provider network, the plan or issuer shall take into account
the ability of the participant, beneficiary, or enrollee to travel to
the provider, but the plan or issuer is not liable for costs relating
to such travel.
``(h) Consultation Reports.--The plan or issuer shall require the
second opinion health professional to provide the participant,
beneficiary, or enrollee and the initial health professional with a
consultation report, including any recommended procedures or test that
the second opinion health professional believes appropriate. Nothing in
this section shall be construed to prevent the plan or issuer from
authorizing, based on its independent determination, additional medical
opinions concerning the medical condition of a participant,
beneficiary, or enrollee.
``(i) Notice.--If the plan or issuer denies a request by a
participant, beneficiary, or enrollee for a second opinion, it shall
notify the participant, beneficiary, or enrollee in writing of the
reasons for the denial and shall inform the participant, beneficiary,
or enrollee of the rights to file a grievance with the plan.
``(j) Limitation to Participating Providers.--Unless authorized by
the plan or issuer, in order for services to be covered the
participant, beneficiary, or enrollee shall obtain services only from a
provider who is participating in, or under contract with, the plan or
issuer pursuant to the specific contract under which the participant,
beneficiary, or enrollee is entitled to health care services. The plan
or issuer may limit referrals to its network of providers if there is a
participating plan provider who meets the standard specified in
subsection (b).
``(k) Exemption.--This section shall not apply to health care
service plan contracts that provide benefits to enrollees through
preferred provider contracting arrangements if, subject to all other
terms and conditions of the contract that apply generally to all other
benefits, access to and coverage for second opinions are not limited.
``(l) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(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. COVERAGE OF SECOND OPINIONS.
``(a) Requirement.--The provisions of section 2707 shall apply
under this subtitle to group health plans, and to group health
insurance coverage offered by a health insurance issuer, in the same
manner as they apply if such provisions were included in this
subsection.
``(b) Notice Under Group Health Plan.--The imposition of the
requirement of this section shall be treated as a material modification
in the terms of the plan described in section 102(a)(1), for purposes
of assuring notice of such requirements under the plan; except that the
summary description required to be provided under the last sentence of
section 104(b)(1) with respect to such modification shall be provided
by not later than 60 days after the first day of the first plan year in
which such requirement apply.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Coverage of second opinions.''.
(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. Coverage of second
opinions.''; and
(ii) by inserting after section 9812 the
following:
``SEC. 9813. COVERAGE OF SECOND OPINIONS.
``The requirements of section 2707 of the Public Health Service Act
shall apply under this section as if such section were included
herein.''.
(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.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. COVERAGE OF SECOND OPINIONS.
``(a) In General.--The provisions of section 2707 (other than
subsection (l)) 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.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective 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, 2003.
(2) Individual health insurance coverage.--The amendments
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, 2003.
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. | Second Opinion Coverage Act of 2002 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require group and individual health insurance coverage and group health plans to provide coverage for second opinions.Directs the Secretaries of Health and Human Services, of Labor, and of the Treasury to coordinate administration of this Act. | {"src": "billsum_train", "title": "To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide coverage for second opinions."} | 3,057 | 81 | 0.471041 | 1.122474 | 0.175748 | 2.753425 | 37.232877 | 0.945205 |
SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PRODUCTS.
(a) In General.--Chapter 30 of title 39, United States Code, is
amended by inserting after section 3002a the following:
``Sec. 3002b. Nonmailability of certain tobacco products
``(a) In General.--Cigarettes, smokeless tobacco, and roll-your-
own-tobacco--
``(1) are nonmailable matter;
``(2) shall not be--
``(A) deposited in the mails; or
``(B) carried or delivered through the mails; and
``(3) shall be disposed of as the Postal Service directs.
``(b) Civil Penalty.--
``(1) In general.--Any person who violates subsection
(a)(2)(A) shall be liable to the United States for a civil
penalty in an amount not to exceed $100,000 for each violation.
``(2) Hearings.--
``(A) In general.--The Postal Service may determine
that a person has violated subsection (a)(2)(A) only
after notice and an opportunity for a hearing.
Proceedings under this paragraph shall be conducted in
accordance with section 3001(m).
``(B) Penalty considerations.--In determining the
amount of a civil penalty under this paragraph, the
Postal Service shall consider--
``(i) the nature, circumstances, extent,
and gravity of the violation;
``(ii) with respect to the violator, the
degree of culpability, ability to pay, and any
history of prior violations; and
``(iii) such other matters as justice may
require.
``(3) Civil actions to collect.--A civil action may, in
accordance with section 409(g)(2), be brought in an appropriate
district court of the United States to collect a civil penalty
assessed under paragraph (2).
``(4) Disposition of amounts.--Amounts received in payment
of any civil penalties under this subsection shall be deposited
as miscellaneous receipts in the Treasury of the United States.
``(c) Detention of Mail for Temporary Periods.--
``(1) In general.--In preparation for or during the
pendency of proceedings under subsection (b), the Postal
Service may, under the provisions of section 409(g)(2), apply
to the district court in any district in which the defendant is
found or in any district in which is sent or received any mail
deposited in the mails allegedly in violation of subsection
(a)(2)(A), for a temporary restraining order and preliminary
injunction under the procedural requirements of rule 65 of the
Federal Rules of Civil Procedure.
``(2) Requirements.--
``(A) Court orders.--Upon a proper showing, the
court shall enter an order which shall--
``(i) remain in effect during the pendency
of the statutory proceedings or any judicial
review of such proceedings; and
``(ii) direct the detention by the
postmaster, in any and all districts, of the
defendant's incoming mail and outgoing mail,
which is the subject of the proceedings under
subsection (b).
``(B) Proof required.--A proper showing under this
paragraph shall require proof of a likelihood of
success on the merits of the proceedings under
subsection (b).
``(3) Disposition of unrelated mail.--Mail detained under
paragraph (2) shall--
``(A) be made available at the post office of
mailing or delivery for examination by the defendant in
the presence of a postal employee; and
``(B) be delivered as addressed if such mail is not
clearly shown to be the subject of proceedings under
subsection (b).
``(d) Definitions.--For purposes of this section--
``(1) the terms `cigarette' and `roll-your-own-tobacco'
have the meanings given them by section 5702 of the Internal
Revenue Code of 1986; and
``(2) the term `smokeless tobacco' has the meaning given
such term by section 2341 of title 18.''.
(b) Administrative Subpoenas.--Section 3016(a) of title 39, United
States Code, is amended in paragraphs (1)(A) and (2) by inserting
``3002b(b) or'' before ``3005(a)''.
(c) Semiannual Reports.--Section 3013 of title 39, United States
Code, is amended--
(1) in paragraph (1), by inserting ``3002b(b) or'' before
``3005''; and
(2) in paragraph (3), by striking ``section 3007 of this
title'' and inserting ``section 3002b(c) or section 3007,
respectively,''.
(d) Amendments to Tariff Act of 1930.--Section 583(c)(1) of the
Tariff Act of 1930 (19 U.S.C. 1583(c)(1)) is amended--
(1) by redesignating subparagraph (K) as subparagraph (L);
and
(2) by inserting after subparagraph (J) the following:
``(K) Cigarettes, smokeless tobacco, or roll-your-
own tobacco (as those terms are defined in section
3002b of title 39, United States Code).''.
(e) Clerical Amendment.--The table of sections for chapter 30 of
title 39, United States Code, is amended by inserting after the item
relating to section 3002a the following:
``3002b. Nonmailability of certain tobacco products.''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the 60th
day after the date of the enactment of this Act, and shall
apply with respect to any mail matter mailed on or after such
60th day.
(2) Semiannual reports.--The amendments made by subsection
(c) shall apply with respect to reports submitted for reporting
periods (as referred to in section 3013 of title 39, United
States Code) beginning with the reporting period in which
occurs the 60th day after the date of the enactment of this
Act.
SEC. 2. TECHNICAL CORRECTION.
(a) In General.--Sections 3007(a)(1), 3012(b)(1), and 3018(f)(1) of
title 39, United States Code, are amended by striking ``409(d)'' and
inserting ``409(g)(2)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Postal
Accountability and Enhancement Act (Public Law 109-435). | Amends federal postal law to make cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable.
Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs.
Provides a civil penalty for each mailing violation. | {"src": "billsum_train", "title": "To amend title 39, United States Code, to make cigarettes and certain other tobacco products nonmailable, and for other purposes."} | 1,539 | 64 | 0.51465 | 1.281792 | 0.89743 | 3.346939 | 26.734694 | 0.897959 |
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