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SEC. 1. SHORT TITLE.
This Act may be cited as the ``Lower Rio Grande Valley Water
Resources Conservation and Improvement Act of 2004''.
SEC. 2. AUTHORIZATION OF ADDITIONAL PROJECTS AND ACTIVITIES UNDER THE
LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT
PROGRAM.
(a) Additional Projects.--Section 4(a) of the Lower Rio Grande
Valley Water Resources Conservation and Improvement Act of 2000 (Public
Law 106-576; 114 Stat. 3067) is amended by adding at the end the
following:
``(20) In Cameron County, Texas, Bayview Irrigation
District No. 11, water conservation and improvement projects as
identified in the March 3, 2004, engineering report by NRS
Consulting Engineers at a cost of $1,425,219.
``(21) In the Cameron County, Texas, the Brownsville
Irrigation District, water conservation and improvement
projects as identified in the February 11, 2004 engineering
report by NRS Consulting Engineers at a cost of $722,100.
``(22) In the Cameron County, Texas Harlingen Irrigation
District No. 1, water conservation and improvement projects as
identified in the March, 2004, engineering report by Axiom-
Blair Engineering at a cost of $4,173,950.
``(23) In the Cameron County, Texas, Cameron County
Irrigation District No. 2, water conservation and improvement
projects as identified in the February 11, 2004 engineering
report by NRS Consulting Engineers at a cost of $8,269,576.
``(24) Braden, Inc. at a cost of $5,607,300.
``(25) In the Cameron County, Texas, Adams Gardens
Irrigation District No. 19, water conservation and improvement
projects as identified in the March, 2004 engineering report by
Axiom-Blair Engineering at a cost of $2,500,000.
``(26) In the Hidalgo and Cameron Counties, Texas, the
Hidalgo and Cameron Counties Irrigation District No. 9, water
conservation and improvement projects as identified by the
February 11 engineering report by NRS Consulting Engineers at a
cost of $8,929,152.
``(27) In the Hidalgo and Willacy Counties, Texas, Delta
Lake Irrigation District, water conservation and improvement
projects as identified in the March, 2004 engineering report by
Axiom-Blair Engineering at a cost of $8,000,000.
``(28) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 2, a water conservation and improvement
project identified in the engineering reports attached to a
letter dated February 11, 2004, from the district's general
manager, at a cost of $5,312,475.
``(29) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 1, water conservation and improvement
projects identified in an engineering report dated March 5,
2004 by Melden and Hunt, Inc. at a cost of $5,595,018.
``(30) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 6, water conservation and improvement
projects as identified in the March, 2004, engineering report
by Axiom-Blair Engineering at a cost of $3,450,000.
``(31) In the Hidalgo County, Texas Santa Cruz Irrigation
District No. 15, water conservation and improvement projects as
identified in an engineering report dated March 5, 2004 by
Melden and Hunt at a cost of $4,609,000.
``(32) In the Hidalgo County, Texas, Engelman Irrigation
District, water conservation and improvement projects as
identified in an engineering report dated March 5, 2004 by
Melden and Hunt, Inc. at a cost of $2,251,480.
``(33) In the Hidalgo County, Texas, Valley Acres Water
District, water conservation and improvement projects as
identified in an engineering report dated March, 2004 by Axiom-
Blair Engineering at a cost of $500,000.
``(34) In the Hudspeth County, Texas, Hudspeth County
Conservation and Reclamation District No. 1, water conservation
and improvement projects as identified in the March, 2004,
engineering report by Axiom-Blair Engineering at a cost of
$1,500,000.
``(35) In the El Paso County, Texas, El Paso County Water
Improvement District No. 1, water conservation and improvement
projects as identified in the March, 2004, engineering report
by Axiom-Blair Engineering at a cost of $10,500,000.
``(36) In the Hidalgo County, Texas, Donna Irrigation
District, water conservation and improvement projects
identified in an engineering report dated March 22, 2004 by
Melden and Hunt, Inc. at a cost of $2,500,000.
``(37) In the Hidalgo County, Texas, Hidalgo County
Irrigation District No. 16, water conservation and improvement
projects identified in an engineering report dated March 22,
2004 by Melden and Hunt, Inc. at a cost of $2,800,000.
``(38) The United Irrigation District of Hidalgo County
water conservation and improvement projects as identified in a
March 2004 engineering report by Sigler Winston, Greenwood and
Associates at a cost of $6,067,021.''.
(b) Inclusion of Activities to Conserve Water or Improve Supply;
Transfers Among Projects.--Section 4 of such Act (Public Law 106-576;
114 Stat. 3067) is further amended by redesignating subsection (c) as
subsection (e), and by inserting after subsection (b) the following:
``(c) Inclusion of Activities to Conserve Water or Improve
Supply.--In addition to the activities identified in the engineering
reports referred to in subsection (a), each project that the Secretary
conducts or participates in under subsection (a) may include any of the
following:
``(1) The replacement of irrigation canals and lateral
canals with buried pipelines.
``(2) The impervious lining of irrigation canals and
lateral canals.
``(3) Installation of water level, flow measurement, pump
control, and telemetry systems.
``(4) The renovation and replacement of pumping plants.
``(5) Other activities that will result in the conservation
of water or an improved supply of water.
``(d) Transfers Among Projects.--Of amounts made available for a
project referred to in any of paragraphs (20) through (38) of
subsection (a), the Secretary may transfer and use for another such
project up to 10 percent.''.
SEC. 3. REAUTHORIZATION OF APPROPRIATIONS FOR LOWER RIO GRANDE
CONSTRUCTION.
Section 4(e) of the Lower Rio Grande Valley Water Resources
Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat.
3067), as redesignated by section 2(b) of this Act, is further amended
by inserting before the period the following: ``for projects referred
to in paragraphs (1) through (19) of subsection (a), and $42,356,145
(2004 dollars) for projects referred to in paragraphs (20) through (38)
of subsection (a)''. | Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2004 - Amends the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize specified additional projects, including projects for water conservation and improvement in Cameron, Hidalgo, Willacy, Hudspeth, and El Paso counties, Texas.
Permits each project that the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, conducts or participates in to include: (1) the replacement of irrigation canals and lateral canals with buried pipelines; (2) the impervious lining of irrigation canals and lateral canals; (3) the installation of water level, flow measurement, pump control, and telemetry systems; (4) the renovation and replacement of pumping plants; and (5) other activities that will result in water conservation or an improved water supply. Authorizes the Secretary to transfer and use for another such project up to ten percent of amounts made available for a project.
Reauthorizes appropriations for Lower Rio Grande construction. | {"src": "billsum_train", "title": "To amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects and activities under that Act, and for other purposes."} | 1,645 | 224 | 0.525167 | 1.563589 | 0.588777 | 4.8125 | 7.385417 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Insurance Capital
Standards Accountability Act of 2015''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Secretary of the Treasury, Board of Governors of
the Federal Reserve System, and Director of the Federal
Insurance Office shall support increasing transparency at any
global insurance or international standard-setting regulatory
or supervisory forum in which they participate, including
supporting and advocating for greater public observer access to
working groups and committee meetings of the International
Association of Insurance Supervisors; and
(2) to the extent that the Secretary of the Treasury, Board
of Governors of the Federal Reserve System, and Director of the
Federal Insurance Office take a position or reasonably intend
to take a position on an insurance proposal by a global
insurance regulatory or supervisory forum, the Secretary of the
Treasury, Board of Governors of the Federal Reserve System, and
Director of the Federal Insurance Office shall achieve
consensus positions with State insurance regulators through the
National Association of Insurance Commissioners, when they are
United States participants in negotiations on insurance issues
before the International Association of Insurance Supervisors,
Financial Stability Board, or any other international forum of
financial regulators or supervisors that considers such issues.
SEC. 3. INSURANCE POLICY ADVISORY COMMITTEE.
(a) Establishment.--There is established the Insurance Policy
Advisory Committee on International Capital Standards and Other
Insurance Issues at the Board of Governors of the Federal Reserve
System.
(b) Membership.--The Commission shall be composed of not more than
21 members, all of whom represent a diverse set of expert perspectives
from the various sectors of the United States insurance industry,
including life insurance, property and casualty insurance and
reinsurance, agents and brokers, academics, consumer advocates, or
experts on issues facing underserved insurance communities and
consumers.
SEC. 4. REPORTS.
(a) In General.--
(1) Reports and testimony by secretary of the treasury and
chairman of the federal reserve.--
(A) In general.--The Secretary of the Treasury and
the Chairman of the Federal Reserve, or their designee,
shall submit to the Banking, Housing, and Urban Affairs
Committee of the Senate, and the Financial Services
Committee of the House of Representatives, an annual
report and provide annual testimony to the Banking,
Housing, and Urban Affairs Committee of the Senate, and
the Financial Services Committee of the House of
Representatives on the efforts of the Secretary and the
Chairman with the National Association of Insurance
Commissioners with respect to global insurance
regulatory or supervisory forums, including--
(i) a description of the insurance
regulatory or supervisory standard-setting
issues under discussion at international
standard-setting bodies, including the
Financial Stability Board and the International
Association of Insurance Supervisors;
(ii) a description of the effects that
proposals discussed at international insurance
regulatory or supervisory forums of insurance
could have on consumer and insurance markets in
the United States;
(iii) a description of any position taken
by the Secretary of the Treasury, Board of
Governors of the Federal Reserve System, and
Director of the Federal Insurance Office in
international insurance discussions; and
(iv) a description of the efforts by the
Secretary of the Treasury, Director of the
Federal Insurance Office, and the Board of
Governors of the Federal Reserve System to
increase transparency at the Financial
Stability Board with respect to insurance
proposals and the International Association of
Insurance Supervisors, including efforts to
provide additional public access to working
groups and committees of the International
Association of Insurance Supervisors.
(B) Termination.--This paragraph shall terminate on
December 31, 2018.
(2) Reports and testimony by national association of
insurance commissioners.--The National Association of Insurance
Commissioners may provide testimony to Congress on the issues
described in paragraph (1)(A).
(3) Joint report by the chairman of the federal reserve and
the director of the federal insurance office.--
(A) In general.--The Secretary of the Treasury,
Chairman of the Federal Reserve, and the Director of
the Federal Insurance Office shall, in consultation
with the National Association of Insurance
Commissioners, complete a study on, and submit to
Congress a report on the results of the study, the
impact on consumers and markets in the United States
before supporting or consenting to the adoption of any
key elements in any international insurance proposal or
international insurance capital standard.
(B) Notice and comment.--
(i) Notice.--The Secretary of the Treasury,
Chairman of the Federal Reserve, and the
Director of the Federal Insurance Office shall
provide notice before the date on which
drafting the report is commenced and after the
date on which the draft of the report is
completed.
(ii) Opportunity for comment.--There shall
be an opportunity for public comment for a
period beginning on the date on which the
report is submitted under subparagraph (A) and
ending on the date that is 60 days after the
date on which the report is submitted.
(C) Review by comptroller general.--The Secretary
of the Treasury, Chairman of the Federal Reserve, and
the Director of the Federal Insurance Office shall
submit to the Comptroller General of the United States
the report described in subparagraph (A) for review.
(4) Report on reduction in transparency.--Not later than
180 days after the date of enactment of this Act, the Chairman
of the Federal Reserve and the Secretary of the Treasury, or
their designees, shall submit to Congress a report and provide
testimony to Congress on the efforts of the Chairman and the
Secretary to increase transparency at meetings of the
International Association of Insurance Supervisors. | International Insurance Capital Standards Accountability Act of 2015 This bill establishes at the Board of Governors of the Federal Reserve System the Insurance Policy Advisory Committee on International Capital Standards and Other Insurance Issues, a 21-member committee representing diverse expert perspectives from the U.S. insurance industry (including life insurance, property and casualty insurance and reinsurance, agents and brokers, academics, consumer advocates, or experts on issues facing underserved insurance communities and consumers). The Secretary of the Treasury and the Board Chairman shall report annually to certain congressional committees on their efforts with the National Association of Insurance Commissioners regarding global insurance regulatory or supervisory forums. The Secretary, the Board Chairman, and the Director of the Federal Insurance Office, before supporting or consenting to the adoption of any key element in any international insurance proposal or international insurance capital standard, must study its impact upon U.S. markets and consumers. The Secretary and the Board Chairman must also report, as well as testify to Congress on their efforts to increase transparency at meetings of the International Association of Insurance Supervisors. | {"src": "billsum_train", "title": "International Insurance Capital Standards Accountability Act of 2015"} | 1,186 | 223 | 0.731202 | 2.151506 | 0.871193 | 4.59596 | 5.818182 | 0.89899 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leveraging Performance-Based
Transportation Services Act of 2017''.
SEC. 2. FUNDING FOR CAPITAL PROJECTS OF LEVERAGED SYSTEMS.
(a) National Transit Database.--Section 5335 of title 49, United
States Code, is amended by adding at the end the following:
``(d) Direct Reporting by Leveraged Systems.--
``(1) In general.--An owner or operator of a leveraged
system may submit directly to the National Transit Database
data regarding the public transportation service provided by
the system.
``(2) Notice to designated recipient.--On the date of a
submission under paragraph (1), the owner or operator of a
leveraged system shall provide to the appropriate designated
recipient under section 5307, 5311, or 5339 and metropolitan
planning organization a copy of the submission.
``(3) Leveraged system defined.--In this subsection, the
term `leveraged system' means a provider of public
transportation services, whether public or private, including
commuter bus services and including services provided by a
private provider of public transportation by vanpool (as
defined in section 5323(i)(2)(C)), that the Secretary
determines--
``(A) is able to recover, through fare revenue or
payments made directly by the provider, all operating
costs associated with the services;
``(B) meets the requirements of the Federal Transit
Administration with respect to the provision of the
services; and
``(C) does not, through the provision of the
services, negatively impact other publicly subsidized
or privately provided public transportation
services.''.
(b) Leveraging Transit Services.--Section 5315 of title 49, United
States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Leveraging Transit Services.--
``(1) Passthrough.--
``(A) Apportionments.--The data submitted by the
owner or operator of a leveraged system to the National
Transit Database under section 5335(d) shall be used by
the Secretary in calculating apportionments for capital
payments under each of sections 5307, 5311, and 5339.
``(B) Agreements.--A designated recipient that
receives additional amounts in apportionments for a
fiscal year as a result of data submitted to the
National Transit Database by the owner or operator of a
leveraged system under section 5335(d) shall enter into
an agreement with the owner or operator that includes
assurances that not less than 90 percent of the
additional amounts will be transferred to the owner or
operator if the owner or operator demonstrates that the
transferred amounts will be used for capital
expenditures to expand public transportation services
meeting the requirements of paragraph (2) in the
geographic area represented by the designated
recipient.
``(2) Services.--A public transportation service meets the
requirements of this paragraph unless--
``(A) the service--
``(i) overlaps or directly competes with a
service provided by the designated recipient
concerned; and
``(ii) has a direct effect on such service,
including a projected ridership reduction of
more than 3 percent along a corridor served by
the designated recipient; or
``(B) the service is provided by a service provider
that has less than 10 vehicles serving the recipient's
designated area.
``(3) Local consent.--
``(A) Opportunity to object.--During the 30-day
period beginning on the date the owner or operator of a
leveraged system submits data to the National Transit
Database under section 5335(d), the metropolitan
planning organization representing the geographic area
in which the owner or operator proposes to provide
expanded public transportation services using amounts
made available under this subsection may submit to the
Secretary a letter that--
``(i) objects to such use of funds based on
a determination by the metropolitan planning
organization that the expanded public
transportation services do not meet the
requirements of paragraph (2); or
``(ii) objects to the use of the data in
calculating apportionments based on a
determination by the metropolitan planning
organization that the owner or operator has not
met the requirements of section 5335(d).
``(B) Effect of objection.--In carrying out this
subsection, the Secretary shall take into account any
letter received from a metropolitan planning
organization under this paragraph.
``(4) Statutory construction.--Nothing in this subsection
may be construed--
``(A) to allow a designated recipient to dictate
the service provided by the owner or operator of a
leveraged system; or
``(B) to authorize the use of funds in a manner
that is inconsistent with this chapter.
``(5) Leveraged system defined.--In this subsection, the
term `leveraged system' has the meaning given that term in
section 5335(d).''. | Leveraging Performance-Based Transportation Services Act of 2017 This bill authorizes an owner or operator of a leveraged system to submit directly to the National Transit Database data regarding the public transportation service provided by the system. "Leveraged system" means a provider of public transportation services, whether public or private, including commuter bus services and services provided by a private provider of public transportation by vanpool that the Department of Transportation determines: (1) is able to recover, through fare revenue or payments made directly by the provider, all operating costs associated with the services; (2) meets Federal Transit Administration requirements with respect to the provision of services; and (3) does not negatively impact other publicly subsidized or privately provided public transportation services. The data submitted by the owner or operator of a leveraged system to the National Transit Database shall be used by DOT in calculating apportionments for capital payments. A public transportation service meets the requirements of this bill unless the service: (1) overlaps or directly competes with a service provided by the designated recipient concerned and has a direct effect on such service, including a projected ridership reduction of more than 3% along a corridor served by the designated recipient; or (2) is provided by a service provider that has fewer than 10 vehicles serving the recipient's designated area. | {"src": "billsum_train", "title": "Leveraging Performance-Based Transportation Services Act of 2017"} | 1,094 | 280 | 0.724636 | 2.146133 | 0.925932 | 5.211155 | 4.003984 | 0.948207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Down Payment to Protect National
Security Act of 2012''.
SEC. 2. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES.
(a) Definition.--In this section, the term ``agency'' has the
meaning given the term ``Executive agency'' under section 105 of title
5, United States Code.
(b) Determination of Number of Employees.--Not later than 60 days
after the date of enactment of this Act, the Director of the Office of
Management and Budget shall determine the number of full-time employees
employed in each agency. The head of each agency shall cooperate with
the Director of the Office of Management and Budget in making the
determinations.
(c) Replacement Hire Rate.--
(1) In general.--During the period described under
paragraph (2), the head of each agency may hire no more than 2
employees in that agency for every 3 employees who leave
employment in that agency.
(2) Period of replacement hire rate.--Paragraph (1) shall
apply to each agency during the period beginning 60 days after
the date of enactment of this Act through the date on which the
Director of the Office of Management and Budget makes a
determination that the number of full-time employees employed
in that agency is 5 percent less than the number of full-time
employees employed in that agency determined under subsection
(a).
(d) Waivers.--This section may be waived upon a determination by
the President that--
(1) the existence of a state of war or other national
security concern so requires; or
(2) the existence of an extraordinary emergency threatening
life, health, public safety, property, or the environment so
requires.
SEC. 3. EXTENSION OF PAY FREEZE FOR FEDERAL EMPLOYEES.
(a) In General.--Section 147 of the Continuing Appropriations Act,
2011 (Public Law 111-242; 5 U.S.C. 5303 note) is amended--
(1) in subsection (b)(1), by striking ``December 31, 2012''
and inserting ``June 30, 2014''; and
(2) in subsection (c), by striking ``December 31, 2012''
and inserting ``June 30, 2014''.
(b) Clarification That Freeze Applies to Members of Congress.--
Notwithstanding any other provision of law, no adjustment shall be made
under section 601(a) of the Legislative Reorganization Act of 1946 (2
U.S.C. 31) (relating to cost of living adjustments for Members of
Congress) during the period beginning on the first day of the first pay
period beginning on or after February 1, 2013 and ending on June 30,
2014.
SEC. 4. REDUCTION OF REVISED DISCRETIONARY SPENDING LIMITS TO ACHIEVE
SAVINGS FROM FEDERAL EMPLOYEE PROVISIONS.
Paragraph (2) of section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a) is amended to read as
follows:
``(2) Revised discretionary spending limits.--The
discretionary spending limits for fiscal years 2013 through
2021 under section 251(c) shall be replaced with the following:
``(A) For fiscal year 2013--
``(i) for the revised security category,
$546,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $501,000,000,000 in budget authority.
``(B) For fiscal year 2014--
``(i) for the revised security category,
$551,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $500,000,000,000 in budget authority.
``(C) For fiscal year 2015--
``(i) for the revised security category,
$560,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $510,000,000,000 in budget authority.
``(D) For fiscal year 2016--
``(i) for the revised security category,
$571,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $520,000,000,000 in budget authority.
``(E) For fiscal year 2017--
``(i) for the revised security category,
$584,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $531,000,000,000 in budget authority.
``(F) For fiscal year 2018--
``(i) for the revised security category,
$598,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $543,000,000,000 in budget authority.
``(G) For fiscal year 2019--
``(i) for the revised security category,
$610,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $556,000,000,000 in budget authority.
``(H) For fiscal year 2020--
``(i) for the revised security category,
$624,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $568,000,000,000 in budget authority.
``(I) For fiscal year 2021--
``(i) for the revised security category,
$638,000,000,000 in budget authority; and
``(ii) for the revised nonsecurity
category, $579,000,000,000 in budget
authority.''.
SEC. 5. CALCULATION OF TOTAL DEFICIT REDUCTION.
Section 251A of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901a) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking
``$1,200,000,000,000'' and inserting
``$1,073,000,000,000''; and
(B) in subparagraph (D), by striking ``by 9'' and
inserting ``by 8'';
(2) in paragraph (4), by striking ``On January 2, 2013, for
fiscal year 2013, and in'' and inserting ``In'';
(3) in paragraphs (5) and (6), by striking ``2013'' each
place it appears and inserting ``2014''; and
(4) in paragraph (7)--
(A) by striking ``reductions.--'' and all that
follows through ``Fiscal years 2014-2021.--On the
date'' and inserting ``reductions.--On the date''; and
(B) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and adjusting
the margin accordingly. | Down Payment to Protect National Security Act of 2012 - Requires the Director of the Office of Management and Budget (OMB) to determine the number of full-time employees employed in each federal agency. Prohibits a federal agency head from hiring more than 2 employee for every 3 full-time employees who leave employment in such agency until the OMB Director makes a determination that the number of full-time federal employees is 5% less than the initial level as determined by OMB. Allows a waiver of such workforce limitation by the President for national security reasons or in the case of an extraordinary emergency.
Amends the Continuing Appropriations Act, 2011 to extend the freeze on the pay of federal employees, including Members of Congress, until June 30, 2014.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), as amended by the Budget Control Act of 2011, to offset mandatory sequestration in security and nonsecurity categories in FY2013-FY2021 with revenues resulting from the reduction in the federal workforce and the pay freeze under this Act. | {"src": "billsum_train", "title": "A bill to amend the Balanced Budget and Emergency Deficit Control Act of 1985 to modify the discretionary spending limits to take into account savings resulting from the reduction in the number of Federal employees and extending the pay freeze for Federal employees."} | 1,484 | 239 | 0.581096 | 1.553934 | 0.804728 | 2.753623 | 6.463768 | 0.830918 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Vehicle Owners' Right to
Repair Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The ability to diagnose, service, and repair a motor
vehicle in a timely, reliable, and affordable manner is
essential to the safety and well-being of automotive consumers
in the United States.
(2) Consumers are entitled to choose among competing repair
facilities for the convenient, reliable, and affordable repair
of their motor vehicles.
(3) Increased competition among repair facilities will
benefit vehicle owners in the United States.
(4) Computers of various kinds are increasingly being used
in motor vehicle systems, such as pollution control,
transmission, antilock brakes, electronic and mechanical
systems, heating and air-conditioning, sound, and steering.
(5) The diagnosis, service, and repair of these vehicle
systems are essential to the safety and proper operation of
modern motor vehicles.
(6) In many instances, access codes prevent owners from
making, or having made, the necessary diagnosis, service, and
repair of their motor vehicles in a timely, convenient,
reliable, and affordable manner.
(7) Consumers in the United States have benefited from the
availability of an aftermarket parts supply, or parts and
accessories used in the repair, maintenance, or enhancement of
a motor vehicle. The American economy has also benefitted from
the availability of an aftermarket parts supply that provides
jobs to over 5 million workers in 495,000 businesses, and
generates $200 billion in annual sales.
(8) Vehicle owners in the United States should have the
right--
(A) to all information necessary to allow the
diagnosis, service, and repair of their vehicles;
(B) to choose between original parts and
aftermarket parts when repairing their motor vehicles;
and
(C) to make, or have made, repairs necessary to
keep their vehicles in reasonably good and serviceable
condition during the expected vehicle life.
(9) The restriction of vehicle repair information limits
who can repair motor vehicles and what parts may be used to
repair those vehicles, which limits consumer choice and thus
limits competition.
(10) The Congress has provided the Federal Trade Commission
with broad authority to make and enforce rules to foster
competition, to prevent unfair methods of competition in
commerce, and to protect consumers.
(b) Purposes.--The purposes of this Act are the following:
(1) To require the Federal Trade Commission to prescribe
and enforce rules necessary to ensure the right of a motor
vehicle owner to obtain all information required for the
diagnosis, service, and repair of the motor vehicle.
(2) To ensure the safety of all vehicle owners by requiring
disclosure of all information necessary for the proper
diagnosis, service, and repair of a vehicle in a timely,
affordable, and reliable manner.
(3) To encourage competition in the diagnosis, service, and
repair of motor vehicles.
SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS.
(a) Duty To Disclose.--In accordance with rules prescribed by the
Federal Trade Commission under section 7, the manufacturer of a motor
vehicle sold or introduced into commerce in the United States shall
promptly provide to the vehicle owner, to a repair facility of the
vehicle, and to the Commission for use by any such vehicle owner or
repair facility, the information necessary to diagnose, service, or
repair the vehicle. Such information shall include--
(1) information necessary to integrate replacement
equipment into the vehicle; and
(2) other information of any kind used to diagnose,
service, repair, activate, certify, or install any motor
vehicle equipment (including replacement equipment) in a motor
vehicle.
(b) Protection of Trade Secrets.--
(1) Determination by federal trade commission.--The Federal
Trade Commission may not require a manufacturer to publicly
disclose information that, if made public, would divulge
methods or processes entitled to protection as trade secrets of
that manufacturer, but may require disclosure of such
information to the Commission for the purpose of determining
whether such information is entitled to such protection. Such
determination shall be made on the record after an opportunity
for an agency hearing.
(2) Previously disclosed information.--No such information
may be withheld by a manufacturer if that information is
provided (directly or indirectly) to franchised dealers or
other repair facilities.
SEC. 4. UNFAIR OR DECEPTIVE ACT OR PRACTICE.
The failure by a manufacturer to provide the information required
by section 3(a) constitutes an unfair method of competition and an
unfair or deceptive act or practice in or affecting commerce (within
the meaning of section 5(a)(1) of the Federal Trade Commission Act (15
U.S.C. 45(a)(1))). Violation of a rule prescribed under section 6(a)
constitutes 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)).
SEC. 5. PRIVATE RIGHT OF ACTION.
A vehicle owner or repair facility may bring a civil action to
enjoin a violation of this Act and to recover the costs of litigation
(including reasonable attorney and expert witness fees). Such an action
may be brought in the district court of the United States for the
district in which such owner resides or such repair facility does
business, without regard to the amount in controversy or the
citizenship of the parties.
SEC. 6. RULEMAKING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Federal Trade Commission shall prescribe
rules setting forth a uniform method by which a manufacturer shall
provide the information required by section 3(a), including disclosure
in writing, on the Internet, or in any other manner, or under such
terms, as the Commission determines may be appropriate. Such rules
shall take effect for vehicles manufactured after model year 1994.
(b) Limitation.--The Federal Trade Commission may not prescribe
rules that--
(1) interfere with the authority of the Administrator of
the Environmental Protection Agency under section 202(m) of the
Clean Air Act (42 U.S.C. 7521(m)) with regard to motor vehicle
emissions control diagnostics systems; or
(2) conflict with rules prescribed by such Administrator
under such section.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``commerce'' has the meaning given that term
in section 4 of the Federal Trade Commission Act (15 U.S.C.
44).
(2) The terms ``manufacturer'', ``motor vehicle'', and
``motor vehicle equipment'' have the meanings given those terms
in section 30102(a) of title 49, United States Code.
(3) The term ``vehicle owner'' means any person who owns,
leases, or otherwise has the legal right to use and possess a
motor vehicle, or the agent of such person.
(4) The term ``repair facility'' means a person engaged in
the repair, diagnosing, or servicing of motor vehicles or motor
vehicle engines.
(5) The term ``replacement equipment'' has the meaning
given that term in section 30102(b)(1) of title 49, United
States Code.
(6) The term ``model year'' has the meaning give that term
in section 32901(a) of title 49, United States Code. | Motor Vehicle Owners' Right to Repair Act of 2001 - Requires a manufacturer of a motor vehicle sold or introduced into commerce in the United States to disclose to the vehicle owner, a repair facility, and the Federal Trade Commission (FTC) the information necessary to diagnose, service, or repair the vehicle.Sets forth protections for trade secrets. States that manufacturer noncompliance with this Act constitutes an unfair method of competition and an unfair or deceptive act or practice affecting commerce within the purview of the Federal Trade Commission Act.Authorizes a vehicle owner or repair facility to bring a civil action in Federal district court for violations of this Act without regard to the amount in controversy or the citizenship of the parties.Instructs the FTC to prescribe a uniform methodology for manufacturer disclosure in writing, and on the Internet.Prohibits the FTC from prescribing rules that interfere with the authority of the Administrator of the Environmental Protection Agency regarding motor vehicle emissions control diagnostics systems. | {"src": "billsum_train", "title": "To protect the rights of American consumers to diagnose, service, and repair motor vehicles purchased in the United States, and for other purposes."} | 1,588 | 216 | 0.495758 | 1.435126 | 1.006158 | 4.338889 | 8.494444 | 0.916667 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``American Jobs
Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS
ATTRIBUTABLE TO IMPORTED PROPERTY.
(a) General Rule.--Subsection (a) of section 954 (defining foreign
base company income) is amended by striking ``and'' at the end of
paragraph (4), by striking the period at the end of paragraph (5) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(6) imported property income for the taxable year
(determined under subsection (h) and reduced as provided in
subsection (b)(5)).''
(b) Definition of Imported Property Income.--Section 954 is amended
by adding at the end the following new subsection:
``(h) Imported Property Income.--
``(1) In general.--For purposes of subsection (a)(6), the
term `imported property income' means income (whether in the
form of profits, commissions, fees, or otherwise) derived in
connection with--
``(A) manufacturing, producing, growing, or
extracting imported property,
``(B) the sale, exchange, or other disposition of
imported property, or
``(C) the lease, rental, or licensing of imported
property.
Such term shall not include any foreign oil and gas extraction
income (within the meaning of section 907(c)) or any foreign
oil related income (within the meaning of section 907(c)).
``(2) Imported property.--For purposes of this subsection--
``(A) In general.--Except as otherwise provided in
this paragraph, the term `imported property' means
property which is imported into the United States by
the controlled foreign corporation or a related person.
``(B) Imported property includes certain property
imported by unrelated persons.--The term `imported
property' includes any property imported into the
United States by an unrelated person if, when such
property was sold to the unrelated person by the
controlled foreign corporation (or a related person),
it was reasonable to expect that--
``(i) such property would be imported into
the United States, or
``(ii) such property would be used as a
component in other property which would be
imported into the United States.
``(C) Exception for property subsequently
exported.--The term `imported property' does not
include any property which is imported into the United
States and which--
``(i) before substantial use in the United
States, is sold, leased, or rented by the
controlled foreign corporation or a related
person for direct use, consumption, or
disposition outside the United States, or
``(ii) is used by the controlled foreign
corporation or a related person as a component
in other property which is so sold, leased, or
rented.
``(3) Definitions and special rules.--
``(A) Import.--For purposes of this subsection, the
term `import' means entering, or withdrawal from
warehouse, for consumption or use. Such term includes
any grant of the right to use an intangible (as defined
in section 936(b)(3)(B)) in the United States.
``(B) Unrelated person.--For purposes of this
subsection, the term `unrelated person' means any
person who is not a related person with respect to the
controlled foreign corporation.
``(C) Coordination with foreign base company sales
income.--For purposes of this section, the term
`foreign base company sales income' shall not include
any imported property income.''
(c) Separate Application of Limitations on Foreign Tax Credit for
Imported Property Income.--
(1) In general.--Paragraph (1) of section 904(d) (relating
to separate application of section with respect to certain
categories of income) is amended by striking ``and'' at the end
of subparagraph (H), by redesignating subparagraph (I) as
subparagraph (J), and by inserting after subparagraph (H) the
following new subparagraph:
``(I) imported property income, and''.
(2) Imported property income defined.--Paragraph (2) of
section 904(d) is amended by redesignating subparagraphs (H)
and (I) as subparagraphs (I) and (J), respectively, and by
inserting after subparagraph (G) the following new
subparagraph:
``(H) Imported property income.--The term `imported
property income' means any income received or accrued
by any person which is of a kind which would be
imported property income (as defined in section
954(h)).''
(3) Look-thru rules to apply.--Subparagraph (F) of section
904(d)(3) is amended by striking ``or (E)'' and inserting
``(E), or (H)''.
(d) Technical Amendments.--
(1) Clause (iii) of section 952(c)(1)(B) (relating to
certain prior year deficits may be taken into account) is
amended by inserting the following subclause after subclause
(II) (and by redesignating the following subclauses
accordingly):
``(III) imported property income,''.
(2) Paragraph (5) of section 954(b) (relating to deductions
to be taken into account) is amended by striking ``and the
foreign base company oil related income'' and inserting ``the
foreign base company oil related income, and the imported
property income''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years of
foreign corporations beginning after December 31, 1995, and to
taxable years of United States shareholders within which or
with which such taxable years of such foreign corporations end.
(2) Subsection (c).--The amendments made by subsection (c)
shall apply to taxable years beginning after December 31, 1995.
SEC. 3. REFUNDABLE CREDIT FOR NEW EMPLOYEES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
(relating to refundable credits) is amended by redesignating section 35
as section 36 and by inserting after section 34 the following new
section:
``SEC. 35. CREDIT FOR NEW EMPLOYEES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this subtitle for any taxable year an amount
equal to 20 percent of the qualified social security taxes paid or
incurred by the taxpayer during the taxable year.
``(b) Qualified Social Security Taxes.--For purposes of this
section--
``(1) In general.--The term `qualified social security
taxes' means the amount of taxes imposed by section 3111(a)
with respect to wages of an employee for employment during the
2-year period beginning with the day the employee begins work
for the employer.
``(2) Application to railroad retirement.--Such term shall
also include taxes imposed by section 3221(a) with respect to
compensation during such 2-year period but only to the extent
attributable to the rate of tax in effect under section
3111(a).
``(3) Exception for employment outside the united states.--
Such term shall not include taxes paid with respect to
employment described in section 3121(b)(B) (relating to
employment outside the United States by citizens and
residents).
``(c) Certain Employees Ineligible.--
``(1) Overall employment must increase.--
``(A) In general.--An employer may take into
account for purposes of this section only that number
of employees hired by the employer during a taxable
year which does not exceed the number of employees
determined under subparagraph (B). The employer shall
designate which employees shall be taken into account.
Such designation shall apply for such taxable year and
any succeeding taxable year.
``(B) Maximum number of employees.--For purposes of
subparagraph (A), the number of employees determined
under this subparagraph for a taxable year is an amount
equal to the excess (if any) of--
``(i) the average daily number of full-time
equivalent employees of the taxpayer for such
taxable year, over
``(ii) the average daily number of full-
time equivalent employees of the taxpayer (or
any predecessor) for the 3-taxable-year period
immediately preceding such taxable year.
``(2) Other ineligible employees.--Qualified social
security taxes paid with respect to any employee shall not be
taken into account under subsection (a) if such employee--
``(A) is a member of a targeted group with respect
to whom the employer has taken into account wages in
determining the amount of the targeted jobs credit
under section 51,
``(B) is described in paragraph (1) of section
51(i) (relating to related individuals), or
``(C) is employed by the employer for less than 120
days or has not completed at least 120 hours of
service.
``(d) Other Special Rules.--For purposes of this section--
``(1) Controlled groups.--All employers treated as a single
employer under subsection (a) or (b) of section 52 shall be
treated as a single employer.
``(2) Other rules.--Rules similar to the rules of section
51(k) and subsections (c), (d), and (e) of section 52 shall
apply.''
(b) Conforming Amendments.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 is amended by striking the item
relating to section 35 and inserting the following new items:
``Sec. 35. Credit for new employees.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 4. REPORT ON ELIMINATION OF BUSINESS TAX PREFERENCES.
The Secretary of the Treasury shall, as soon as practicable after
the date of the enactment of this Act, report to the Committee on Ways
and Means of the House of Representatives and the Committee on Finance
of the Senate recommendations as to the elimination of, or changes in,
business tax preferences. Such recommendations shall provide an
increase in Federal revenues sufficient to offset any overall decrease
in Federal revenues under the other provisions of this Act. | American Jobs Act - Amends the Internal Revenue Code to include imported property income of a controlled foreign corporation within the sums added together to compute foreign base company income. Defines imported income property to include, among other things, income from manufacturing, growing, selling, renting, or leasing imported property, but exempts any foreign oil and gas income or any foreign oil-related income. Provides for a separate application of limitations on the foreign tax credit for imported property income.
Allows an employer a credit against tax, during the two-year period beginning with the day an employee starts work, equal to 20 percent of the qualified social security taxes paid or incurred by the employer for such new employee.
Directs the Secretary of the Treasury to report to the Committee on Ways and Means and the Committee on Finance recommendations on the elimination of, or changes in, business tax preferences. | {"src": "billsum_train", "title": "American Jobs Act"} | 2,456 | 186 | 0.503115 | 1.325054 | 1.037989 | 3.549708 | 12.918129 | 0.894737 |
SECTION 1. CHARTER FOR IRISH AMERICAN CULTURAL INSTITUTE.
Part B of subtitle II of title 36, United States Code, is amended--
(1) by redesignating chapter 1001 as chapter 1003;
(2) by redesignating sections 100101 through 100110, and
the items relating thereto in the table of sections, as
sections 100301 through 100310, respectively; and
(3) by inserting after chapter 901 the following new
chapter:
``CHAPTER 1001--IRISH AMERICAN CULTURAL INSTITUTE
``Sec.
``100101. Organization.
``100102. Purposes.
``100103. Membership.
``100104. Governing body.
``100105. Powers.
``100106. Exclusive right to name, seals, emblems, and badges.
``100107. Restrictions.
``100108. Duty to maintain tax-exempt status.
``100109. Principal office.
``100110. Records and inspection.
``100111. Service of process.
``100112. Liability for acts of officers and agents.
``100113. Annual report.
``Sec. 100101. Organization
``(a) Federal Charter.--The Irish American Cultural Institute (in
this chapter, the `corporation'), incorporated in New Jersey, is a
federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter
expires.
``Sec. 100102. Purposes
``The purposes of the corporation are as provided in the articles
of incorporation and include--
``(1) establishing the Museum of Irish America in
Washington, D.C., as the center of Irish American thought,
dialogue, debate, and reflection;
``(2) recognizing and recording a living memorial to the
contributions of Irish-born and Irish Americans to the
development of the United States;
``(3) providing a focal point for all Irish Americans, who
make up 17 percent of the United States population, according
to the 2000 census;
``(4) exploring past, current, and future events in Ireland
and the United States, as they relate to Irish Americans and
society as a whole;
``(5) documenting the tremendous contributions of Irish
immigrants to the United States in the areas of architecture,
military, politics, religion, labor, sports, literature, and
art;
``(6) providing ongoing studies to ensure that the
experiences of the past will benefit the future of both Ireland
and the United States; and
``(7) establishing an Irish American Studies Program for
students from both Ireland and the United States.
``Sec. 100103. Membership
``Eligibility for membership in the corporation and the rights and
privileges of membership are as provided in the bylaws.
``Sec. 100104. Governing body
``(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
``(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
``Sec. 100105. Powers
``The corporation shall have only the powers provided in its bylaws
and articles of incorporation filed in each State in which it is
incorporated.
``Sec. 100106. Exclusive right to name, seals, emblems, and badges
``The corporation has the exclusive right to use the name `Irish
American Cultural Institute' and any seals, emblems, and badges
relating thereto that the corporation adopts.
``Sec. 100107. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation or a director or
officer as such may not contribute to, support, or participate in any
political activity or in any manner attempt to influence legislation.
``(c) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a director, officer, or member during the life of the charter granted
by this chapter. This subsection does not prevent the payment of
reasonable compensation to an officer or member in an amount approved
by the board of directors.
``(d) Loans.--The corporation may not make any loan to a director,
officer, or employee.
``(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of
the United States Government for any of its activities.
``Sec. 100108. Duty to maintain tax-exempt status
``The corporation shall maintain its status as an organization
exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C.
1 et seq.).
``Sec. 100109. Principal office
``The principal office of the corporation shall be in Morristown,
New Jersey, or another place decided by the board of directors.
``Sec. 100110. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete books and records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
``(b) Inspection.--A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the corporation for
any proper purpose, at any reasonable time.
``Sec. 100111. Service of process
``The corporation shall comply with the law on service of process
of each State in which it is incorporated and each State in which it
carries on activities.
``Sec. 100112. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 100113. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report shall not be printed as a
public document.''.
SEC. 2. CLERICAL AMENDMENTS.
The table of chapters at the beginning of subtitle II of title 36,
United States Code, is amended--
(1) in the item relating to chapter 1001, by striking
``1001'' and inserting ``1003'' and by striking ``100101'' and
inserting ``100301''; and
(2) by inserting after the item relating to chapter 901 the
following new item:
``1001. Irish American Cultural Institute................... 100101''. | Grants a Federal charter to the Irish American Cultural Institute, Incorporated (a nonprofit corporation incorporated under the laws of New Jersey). | {"src": "billsum_train", "title": "A bill to amend title 36, United Sates Code, to grant a Federal charter to the Irish American Cultural Institute."} | 1,534 | 30 | 0.540378 | 1.318904 | 0.092709 | 1.84 | 56.88 | 0.88 |
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Native American
Sacred Lands Act''.
(b) Definitions.--For the purposes of this Act, the following
definitions shall apply:
(1) Federal lands.--The term ``Federal lands'' means any
land or interests in land owned by the United States, including
leasehold interests held by the United States, except Indian
trust lands.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term by section 4(e) of the Indian Self-
Determination and Education Assistance Act.
(3) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given that term in
section 301(18) of the National Historic Preservation Act (16
U.S.C. 470w(18)).
(4) Sacred land.--The term ``sacred land'' means any
geophysical or geographical area or feature which is sacred by
virtue of its traditional cultural or religious significance or
ceremonial use, or by virtue of a ceremonial or cultural
requirement, including a religious requirement that a natural
substance or product for use in Indian tribal or native
Hawaiian organization ceremonies be gathered from that
particular location.
(5) Undertaking.--The term ``undertaking'' has the same
meaning given that term in section 301(7) of the National
Historic Preservation Act (16 U.S.C. 470w(7)).
SEC. 2. PROTECTION OF SACRED LANDS.
Each department or agency of the United States with administrative
jurisdiction over the management of Federal lands shall--
(1) accommodate access to and ceremonial use of Indian
sacred lands by Indian religious practitioners;
(2) avoid significant damage to Indian sacred lands; and
(3) consult with Indian tribes and Native Hawaiian
organizations prior to taking significant actions or developing
policies affecting Native American sacred lands.
SEC. 3. DESIGNATING INDIAN SACRED LANDS UNSUITABLE FOR DEVELOPMENT.
(a) In General.--Federal lands shall be designated unsuitable for
any or certain types of undertakings if the head of the department or
agency with administrative jurisdiction over that Federal land decides,
in accordance with this section, that by a preponderance of the
evidence the undertaking is likely to cause significant damage to
Indian sacred lands.
(b) Petition.--
(1) In general.--Any Indian tribe or Native Hawaiian
organization shall have the right to petition any department or
agency of the United States with administrative jurisdiction
over Federal lands to have Federal lands under the jurisdiction
of that department or agency designated as unsuitable for any
or certain types of undertaking.
(2) Supporting evidence.--Such a petition shall contain
allegations of facts with supporting evidence which would tend
to establish the allegations. Oral history shall be given no
less weight than other evidence. After an Indian tribe or
Native Hawaiian organization has filed a petition under this
section, and before the hearing as required by this subsection,
any person may file allegations of facts, with supporting
evidence, that are relevant to the petition.
(c) Hearing.--
(1) In general.--Not later than 90 days after the receipt
of such petition, the department or agency with administrative
jurisdiction over that Federal land involved shall hold a
public hearing on the subject of the petition in the locality
of that Federal land after public notice, including publication
of the date, time, and location of the hearing.
(2) Written decision.--Not later than 60 days after a
hearing held pursuant to this subsection, the head of the
department or agency with administrative jurisdiction over that
Federal land shall issue and furnish to the petitioner and any
other parties to the hearing a written decision regarding the
petition and the reasons for the decision.
(d) Appeal.--Not later than 60 days after a written decision is
issued pursuant to subsection (c)(2), any petitioner or person filing
under section 3(b)(2) may appeal the decision to the appropriate
Federal agency appeals board or through a civil action in accordance
with subsection (e). A decision regarding a petition shall not be
considered final for the purposes of this section until--
(1) the deadline for filing an appeal to the decision has
past and no appeal has been filed; or
(2) if an appeal was timely filed, the appeal has been
heard and decided.
(e) Civil Actions; Jurisdiction; Relief.--
(1) In general.--The United States district courts shall
have original jurisdiction over any civil action or claim
against the Secretary of the Interior or the head of another
Federal agency, as appropriate, arising under this section. In an
action brought under this paragraph, the district courts may order
appropriate relief including money damages, injunctive relief against
any action by an officer of the United States or any agency thereof
contrary to this Act, or regulations promulgated thereunder, or
mandamus to compel an officer or employee of the United States, or any
agency thereof, to perform a duty provided under this Act or
regulations promulgated hereunder.
(2) Application of equal access to justice act.--The Equal
Access to Justice Act (Public Law 96-481; Act of October 1,
1980; 92 Stat. 2325; 5 U.S.C. 594; 28 U.S.C. 2412) shall apply
to actions brought under this Act.
(f) Effect of Decision of Unsuitability.--
(1) In general.--A final decision that Federal lands
identified by a petition considered pursuant to subsection (b)
are unsuitable for any or certain types of undertakings shall
be immediately effective and the undertaking shall be
prohibited.
(2) Withdrawal of lands.--Subject to valid and existing
rights, the Secretary of the Interior shall (with the consent
of the department or agency other than the Department of the
Interior in the case of Federal lands not under the
administration of the Secretary of the Interior) withdraw
Federal lands included in a decision of unsuitability under
this section pursuant to section 204 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1714). The Secretary's
decision under this section shall constitute the documentation
required to be provided under section 204(c)(12) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1714) and in
compliance with section 4.
(3) Land use plans.--Any decision of unsuitability made for
Federal lands under the administrative jurisdiction of the
Secretary of the Interior or the Secretary of Agriculture (with
respect to National Forest System lands) shall be incorporated
into the appropriate land use plan when such plan is adopted,
revised, or significantly amended pursuant to the Federal Land
Policy and Management Act of 1976 or, as the case may be, the
Forest and Rangeland Renewable Resources Planning Act of 1974.
SEC. 4. CONFIDENTIALITY.
(a) In General.--Notwithstanding section 5 of title 5, United
States Code (commonly known as the Freedom of Information Act) or any
other law, no information obtained as a result of or in connection with
a petition filed or a hearing held under this Act that contains a
reference pertaining to a specific detail of a Native American
traditional cultural practice or religion, or the significance of an
Indian or Native Hawaiian sacred land, or the location of that sacred
land, shall be released except as provided in subsection (c).
(b) Release of Information.--
(1) Initial violation.--Any person who intentionally
releases any information knowing that it is required to be held
confidential pursuant to this section shall, upon conviction,
be fined not more than $10,000, or imprisoned not more than 1
year, or both.
(2) Subsequent violations.--In the case of a second or
subsequent violation of this section, a person shall, upon
conviction, be fined not more than $100,000, or imprisoned not
more than 5 years, or both.
(c) Exception.--This section shall not apply in any case in which
all persons filing pursuant to section 3(b), including the petitioner,
waive the application of this section.
SEC. 5. GRANTS.
(a) Authority to Provide Grants.--The Secretary may provide grants
to Indian tribes to assist the Indian tribes in carrying out activities
related to this Act.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section.
SEC. 6. REGULATIONS.
(a) Consultation With Indian Tribes.--In developing regulations
under this Act, the Secretary shall use--
(1) an effective process to permit elected tribal
officials, traditional Native American practitioner, and other
representatives of Indian tribal governments to provide
meaningful and timely input in that development; and
(2) where appropriate, consensual mechanisms, including
negotiated rulemaking.
(b) Effective Date.--This Act shall become effective on the date of
the enactment of this Act. Any failure of the Secretary to promulgate
regulations under this section shall not affect such effective date.
SEC. 7. CONSULTATION UNDER OTHER LAWS.
Nothing in this Act shall affect any consultation process under the
National Historic Preservation Act or any other Federal law. | Native American Sacred Lands Act - Requires managers of Federal lands to: (1) accommodate access and use by Indian religious practitioners; (2) prevent significant damage to Indian sacred lands; and (3) consult with Indian tribes and Native Hawaiian organizations before taking significant actions concerning such lands.Prohibits undertakings likely to cause significant damage to Indian sacred lands.Grants Indian tribes and Native Hawaiian organizations the right to petition the department or agency with administrative jurisdiction to have Federal lands designated as unsuitable for certain undertakings. Permits appeals through the Federal agency appeals board or in U. S. district courts. Provides relief through monetary damages, injunctions, or mandamus.Provides for the withdrawal of lands determined to be unsuitable. Requires Federal land use plans to be modified accordingly.Protects the confidentiality of information in a petition as it pertains to traditional cultural practice, religion, or the significance and location of sacred land. Imposes criminal penalties for violations of such confidentiality.Authorizes the Secretary of the Interior to make grants to assist Indian tribes in activities under this Act. Requires the Secretary to consult with Indian tribes in developing regulations. | {"src": "billsum_train", "title": "To protect sacred Native American Federal lands from significant damage."} | 2,013 | 264 | 0.605325 | 1.542085 | 0.955733 | 3.14218 | 8.635071 | 0.876777 |
SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR TAX LAW ENFORCEMENT
RELATING TO HUMAN SEX TRAFFICKING.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$2,000,000 for fiscal year 2007 for the purpose of establishing
an office within the Internal Revenue Service to focus on
violations of the internal revenue laws by persons who are
under investigation by any office of Federal, State, or local
law enforcement for knowingly recruiting, enticing, harboring,
transporting, or providing by any means a person, knowing
that--
(A) force, fraud, or coercion will be used to cause
the person to engage in a commercial sex act, or
(B) the person has not attained the age of 18 years
and will be caused to engage in a commercial sex act.
(2) Definitions.--For purposes of paragraph (1), the terms
``commercial sex act'' and ``coercion'' shall have the meaning
given such terms by section 1591(c) of title 18, United States
Code.
(3) Availability.--Any amounts appropriated pursuant to the
authority of paragraph (1) shall remain available for fiscal
year 2008.
(b) Additional Funding for Operations of Office.--Unless
specifically appropriated otherwise, there is authorized to be
appropriated and is appropriated to the office established under
subsection (a)(1) for fiscal years 2007 and 2008 for the administration
of such office an amount equal to the amount of any tax under chapter 1
of the Internal Revenue Code of 1986 (including any interest) collected
during such fiscal years as the result of the actions of such office,
plus any civil or criminal monetary penalties imposed under such Code
relating to such tax and so collected.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Treasury shall report to the
Committee of Ways and Means of the House of Representatives and the
Committee on Finance of the Senate on the enforcement activities of the
office established under subsection (a)(1) and shall include any
recommendations for statutory changes to assist in future prosecutions
under this section.
(d) Applicability of Whistleblower Awards to Victims of Human Sex
Trafficking.--For purposes of making an award under paragraph (1) or
(2) of section 7623(b) of the Internal Revenue Code of 1986 with
respect to information provided by any person caused to engage in a
commercial sex act (within the meaning of section 1591(c)(1) of title
18, United States Code), the determination whether such person is
described in such paragraph shall be made without regard to paragraph
(3) of such section 7623(b).
SEC. 2. WHISTLEBLOWER REFORMS.
(a) In General.--Section 7623 (relating to expenses of detection of
underpayments and fraud, etc.) is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary'',
(2) by striking ``and'' at the end of paragraph (1) and
inserting ``or'',
(3) by striking ``(other than interest)'', and
(4) by adding at the end the following new subsections:
``(b) Awards to Whistleblowers.--
``(1) In general.--If the Secretary proceeds with any
administrative or judicial action described in paragraph (5)
based on information brought to the Secretary's attention by an
individual, the Secretary shall, as determined by the
Whistleblower Office and subject to paragraph (2), pay such
individual as an award at least 15 percent but not more than 30
percent of the collected proceeds (including penalties,
interest, additions to tax, and additional amounts) resulting
from the action (including any related actions) or from any
settlement in response to such action. The Whistleblower Office
shall determine the amount of such award on the basis of the
extent to which the individual substantially contributed to
such action.
``(2) Award in case of less substantial contribution.--
``(A) In general.--If the Whistleblower Office
determines that the action described in paragraph (1)
is based principally on disclosures of specific
allegations (other than information provided by the
individual described in paragraph (1)) resulting from a
judicial or administrative hearing, from a governmental
report, hearing, audit, or investigation, or from the
news media, the Whistleblower Office may award such
sums as it considers appropriate, but in no case more
than 10 percent of the collected proceeds (including
penalties, interest, additions to tax, and additional
amounts) resulting from the action (including any
related actions) or from any settlement in response to
such action, taking into account the significance of
the individual's information and the role of such
individual and any legal representative of such
individual in contributing to such action.
``(B) Nonapplication of paragraph where individual
is original source of information.--Subparagraph (A)
shall not apply if the information resulting in the
initiation of the action described in paragraph (1) was
originally provided by the individual described in
paragraph (1).
``(3) Reduction in or denial of award.--If the
Whistleblower Office determines that the claim for an award
under paragraph (1) or (2) is brought by an individual who
planned and initiated the actions that led to the underpayment
of tax or actions described in subsection (a)(2), then the
Whistleblower Office may appropriately reduce such award. If
such individual is convicted of criminal conduct arising from
the role described in the preceding sentence, the Whistleblower
Office shall deny any award.
``(4) Appeal of award determination.--Any determination
regarding an award under paragraph (1), (2), or (3) may, within
30 days of such determination, be appealed to the Tax Court
(and the Tax Court shall have jurisdiction with respect to such
matter).
``(5) Application of this subsection.--This subsection
shall apply with respect to any action--
``(A) against any taxpayer, but in the case of any
individual, only if such individual's gross income
exceeds $200,000 for any taxable year subject to such
action, and
``(B) if the tax, penalties, interest, additions to
tax, and additional amounts in dispute exceed $20,000.
``(6) Additional rules.--
``(A) No contract necessary.--No contract with the
Internal Revenue Service is necessary for any
individual to receive an award under this subsection.
``(B) Representation.--Any individual described in
paragraph (1) or (2) may be represented by counsel.
``(C) Submission of information.--No award may be
made under this subsection based on information
submitted to the Secretary unless such information is
submitted under penalty of perjury.
``(c) Whistleblower Office.--
``(1) In general.--There is established in the Internal
Revenue Service an office to be known as the `Whistleblower
Office' which--
``(A) shall at all times operate at the direction
of the Commissioner and coordinate and consult with
other divisions in the Internal Revenue Service as
directed by the Commissioner,
``(B) shall analyze information received from any
individual described in subsection (b) and either
investigate the matter itself or assign it to the
appropriate Internal Revenue Service office,
``(C) shall monitor any action taken with respect
to such matter,
``(D) shall inform such individual that it has
accepted the individual's information for further
review,
``(E) may require such individual and any legal
representative of such individual to not disclose any
information so provided,
``(F) in its sole discretion may ask for additional
assistance from such individual or any legal
representative of such individual, and
``(G) shall determine the amount to be awarded to
such individual under subsection (b).
``(2) Request for assistance.--
``(A) In general.--Any assistance requested under
paragraph (1)(F) shall be under the direction and
control of the Whistleblower Office or the office
assigned to investigate the matter under paragraph
(1)(A). No individual or legal representative whose
assistance is so requested may by reason of such
request represent himself or herself as an employee of
the Federal Government.
``(B) Funding of assistance.--From the amounts
available for expenditure under subsection (b), the
Whistleblower Office may, with the agreement of the
individual described in subsection (b), reimburse the
costs incurred by any legal representative of such
individual in providing assistance described in
subparagraph (A).
``(d) Report by Secretary.--The Secretary shall each year conduct a
study and report to Congress on the use of this section, including--
``(1) an analysis of the use of this section during the
preceding year and the results of such use, and
``(2) any legislative or administrative recommendations
regarding the provisions of this section and its
application.''.
(b) Assignment to Special Trial Judges.--
(1) In general.--Section 7443A(b) (relating to proceedings
which may be assigned to special trial judges) is amended by
striking ``and'' at the end of paragraph (4), by redesignating
paragraph (5) as paragraph (6), and by inserting after
paragraph (4) the following new paragraph:
``(5) any proceeding under section 7623(b)(4), and''.
(2) Conforming amendment.--Section 7443A(c) is amended by
striking ``or (4)'' and inserting ``(4), or (5)''.
(c) Deduction Allowed Whether or Not Taxpayer Itemizes.--Subsection
(a) of section 62 (relating to general rule defining adjusted gross
income) is amended by inserting after paragraph (20) the following new
paragraph:
``(21) Attorneys fees relating to awards to
whistleblowers.--Any deduction allowable under this chapter for
attorney fees and court costs paid by, or on behalf of, the
taxpayer in connection with any award under section 7623(b)
(relating to awards to whistleblowers). The preceding sentence
shall not apply to any deduction in excess of the amount
includible in the taxpayer's gross income for the taxable year
on account of such award.''.
(d) Effective Date.--The amendments made by this section shall
apply to information provided on or after the date of the enactment of
this Act.
SEC. 3. INCREASE IN CRIMINAL MONETARY PENALTY LIMITATION FOR THE
UNDERPAYMENT OR OVERPAYMENT OF TAX DUE TO FRAUD.
(a) In General.--
(1) Attempt to evade or defeat tax.--Section 7201 (relating
to attempt to evade or defeat tax) is amended--
(A) by striking ``$100,000 ($500,000'' and
inserting ``$500,000 ($1,000,000'', and
(B) by striking ``5 years'' and inserting ``10
years''.
(2) Willful failure to file return, supply information, or
pay tax.--
(A) In general.--Section 7203 (relating to willful
failure to file return, supply information, or pay tax)
is amended--
(i) in the first sentence--
(I) by striking ``Any person'' and
inserting the following:
``(a) In General.--Any person'', and
(II) by striking ``$25,000'' and
inserting ``$50,000'',
(ii) in the third sentence, by striking
``section'' and inserting ``subsection'', and
(iii) by adding at the end the following
new subsection:
``(b) Aggravated Failure to File.--
``(1) In general.--In the case of any failure described in
paragraph (2), the first sentence of subsection (a) shall be
applied by substituting--
``(A) `felony' for `misdemeanor',
``(B) `$500,000 ($1,000,000' for `$50,000
($100,000', and
``(C) `10 years' for `1 year'.
``(2) Failure described.--A failure described in this
paragraph is--
``(A) a failure to make a return described in
subsection (a) for a period of 3 or more consecutive
taxable years if the aggregate tax liability for such
period is not less than $100,000, or
``(B) a failure to make a return if the tax
liability giving rise to the requirement to make such
return is attributable to an activity which is a felony
under any State or Federal law.''.
(B) Penalty may be applied in addition to other
penalties.--Section 7204 (relating to fraudulent
statement or failure to make statement to employees) is
amended by striking ``the penalty provided in section
6674'' and inserting ``the penalties provided in
sections 6674 and 7203(b)''.
(3) Fraud and false statements.--Section 7206 (relating to
fraud and false statements) is amended--
(A) by striking ``$100,000 ($500,000'' and
inserting ``$500,000 ($1,000,000'', and
(B) by striking ``3 years'' and inserting ``5
years''.
(b) Increase in Monetary Limitation for Underpayment or Overpayment
of Tax Due to Fraud.--Section 7206 (relating to fraud and false
statements), as amended by subsection (a)(3), is amended--
(1) by striking ``Any person who--'' and inserting ``(a) In
General.--Any person who--'', and
(2) by adding at the end the following new subsection:
``(b) Increase in Monetary Limitation for Underpayment or
Overpayment of Tax Due to Fraud.--If any portion of any underpayment
(as defined in section 6664(a)) or overpayment (as defined in section
6401(a)) of tax required to be shown on a return is attributable to
fraudulent action described in subsection (a), the applicable dollar
amount under subsection (a) shall in no event be less than an amount
equal to such portion. A rule similar to the rule under section 6663(b)
shall apply for purposes of determining the portion so attributable.''.
(c) Effective Date.--The amendments made by this section shall
apply to actions, and failures to act, occurring after the date of the
enactment of this Act. | Authorizes appropriations to establish an office in the Internal Revenue Service (IRS) to focus on violations of tax law by individuals under investigation for criminal commercial sex activity.
Amends the Internal Revenue Code to: (1) revise requirements for making awards to individuals who disclose tax law violations to the IRS (whistleblowers); and (2) increase criminal monetary and other penalties for attempts to evade or defeat tax, willful failure to file a tax return, supply information, or pay tax, aggravated failure to file tax returns, fraud and false statements, and underpayment or overpayment of tax due to fraud.
Establishes in the IRS a Whitleblower Office to analyze whistleblower information and manage the whistleblower awards program. | {"src": "billsum_train", "title": "To authorize appropriations for the purpose of establishing an office within the Internal Revenue Service to focus on violations of the internal revenue laws by persons who are under investigation for conduct relating to commercial sex acts, to establish a Whistleblower Office within the Internal Revenue Service, and to increase the criminal monetary penalty limitations for the underpayment or overpayment of tax due to fraud."} | 3,245 | 165 | 0.442796 | 1.263236 | 0.855887 | 2.77037 | 21.859259 | 0.874074 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Spectrum Enhancement
Act''.
SEC. 2. RELOCATION OF ELIGIBLE FEDERAL ENTITIES FOR THE REALLOCATION OF
SPECTRUM FOR COMMERCIAL PURPOSES.
Subsection (g) of section 113 of the National Telecommunications
and Information Administration Organization Act (47 U.S.C. 923(g)) is
amended to read as follows:
``(g) Relocation of Eligible Federal Entities for the Reallocation
of Spectrum for Commercial Purposes.--
``(1) Eligible federal entities.--Any Federal entity that
operates a Federal Government station assigned to a band of
frequencies specified in paragraph (2) and that incurs
relocation costs because of the reallocation of frequencies
from Federal use to non-Federal use is eligible for payment for
such costs from the Spectrum Relocation Fund, in accordance
with section 118 of this Act. For purposes of this paragraph,
Federal power agencies exempted under subsection (c)(4) that
choose to relocate from the frequencies identified for
reallocation pursuant to subsection (a), are eligible to
receive payment under this paragraph.
``(2) Eligible frequencies.--The bands of eligible
frequencies for purposes of this section are as follows:
``(A) the 216-220 megahertz band, 1432-1435
megahertz band, 1710-1755 megahertz band, and 2385-2390
megahertz band of frequencies; and
``(B) any other band of frequencies reallocated
from Federal use to non-Federal use after January 1,
2002.
``(3) Definition of relocation costs.--For purposes of this
subsection, the term `relocation costs' means the costs
incurred by a Federal entity to achieve comparable capability
of systems, regardless of whether that capability is achieved
by relocating to a new frequency assignment or by utilizing an
alternative technology. Such costs include--
``(A) the costs of any modification or replacement
of equipment, software, facilities, operating manuals,
training costs, or regulations that are attributable to
relocation;
``(B) the costs of all engineering, equipment,
software, site acquisition and construction costs, as
well as any legitimate and prudent transaction expense,
including outside consultants, and reasonable
additional costs incurred by the Federal entity that
are attributable to relocation, including increased
recurring costs associated with the replacement
facilities;
``(C) the costs of engineering studies, economic
analyses, or other expenses reasonably incurred in
calculating the estimated relocation costs that are
provided to the Commission pursuant to paragraph (4) of
this subsection;
``(D) the one-time costs of any modification of
equipment reasonably necessary to accommodate
commercial use of such frequencies prior to the
termination of the Federal entity's primary allocation
or protected status, when the eligible frequencies as
defined in paragraph (2) of this subsection are made
available for private sector uses by competitive
bidding and a Federal entity retains primary allocation
or protected status in those frequencies for a period
of time after the completion of the competitive bidding
process; and
``(E) the costs associated with the accelerated
replacement of systems and equipment if such
acceleration is necessary to ensure the timely
relocation of systems to a new frequency assignment.''.
``(4) Notice to commission of estimated relocation costs.--
``(A) The Commission shall notify the NTIA at least
9 months prior to the commencement of any auction of
eligible frequencies defined in paragraph (2). At least
6 months prior to the commencement of any such auction,
the NTIA, on behalf of the Federal entities and after
review by the Office of Management and Budget, shall
notify the Commission of estimated relocation costs and
timelines for such relocation.
``(B) Upon timely request of a Federal entity, the
NTIA shall provide such entity with information
regarding an alternative frequency assignment or
assignments to which their radiocommunications
operations could be relocated for purposes of
calculating the estimated relocation costs and
timelines to be submitted to the Commission pursuant to
subparagraph (A).
``(C) To the extent practicable and consistent with
national security considerations, the NTIA shall
provide the information required by subparagraphs (A)
and (B) by the geographic location of the Federal
entities' facilities or systems and the frequency bands
used by such facilities or systems.
``(5) Implementation of procedures.--The NTIA shall take
such actions as necessary to ensure the timely relocation of
Federal entities' spectrum-related operations from frequencies
defined in paragraph (2) to frequencies or facilities of
comparable capability. Upon a finding by the NTIA that a
Federal entity has achieved comparable capability of systems by
relocating to a new frequency assignment or by utilizing an
alternative technology, the NTIA shall terminate the entity's
authorization and notify the Commission that the entity's
relocation has been completed. The NTIA shall also terminate
such entity's authorization if the NTIA determines that the
entity has unreasonably failed to comply with the timeline for
relocation submitted by the Director of the Office of
Management and Budget under section 118(d)(2)(B).''.
SEC. 3. MINIMUM AUCTION RECEIPTS AND DISPOSITION OF PROCEEDS.
(a) Auction Design.--Section 309(j)(3) of the Communications Act of
1934 (47 U.S.C. 309(j)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) for any auction of eligible frequencies
described in section 113(g)(2) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(g)(2)), the recovery of
110 percent of estimated relocation costs as provided
to the Commission pursuant to section 113(g)(4) of such
Act.''.
(b) Special Auction Provisions for Eligible Frequencies.--Section
309(j) of such Act is further amended by adding at the end the
following new paragraph:
``(15) Special auction provisions for eligible
frequencies.--
``(A) Special regulations.--The Commission shall
revise the regulations prescribed under paragraph
(4)(F) of this subsection to prescribe methods by which
the total cash proceeds from any auction of eligible
frequencies described in section 113(g)(2) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(g)(2))
shall at least equal 110 percent of the total estimated
relocation costs provided to the Commission pursuant to
section 113(g)(4) of such Act.
``(B) Conclusion of auctions contingent on minimum
proceeds.--The Commission shall not conclude any
auction of eligible frequencies described in section
113(g)(2) of such Act if the total cash proceeds
attributable to such spectrum are less than 110 percent
of the total estimated relocation costs provided to the
Commission pursuant to section 113(g)(4) of such Act.
If the Commission is unable to conclude an auction for
the foregoing reason, the Commission shall cancel the
auction, return within 45 days from the auction
cancellation date any deposits from participating
bidders held in escrow, and absolve such bidders from
any obligation to bid in any subsequent reauction of
such spectrum.
``(C) Authority to issue prior to
deauthorization.--In any auction conducted under the
regulations required by subparagraph (A), the
Commission may grant a license assigned for the use of
eligible frequencies prior to the termination of an
eligible Federal entity's authorization. However, the
Commission shall condition such license by requiring
that the licensee cannot cause harmful interference to
such Federal entity until such entity's authorization
has been terminated by the National Telecommunications
and Information Administration.''.
(c) Deposit of Proceeds.--Paragraph (8) of section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) is amended--
(1) in subparagraph (A), by inserting ``or subparagraph
(D)'' after ``subparagraph (B); and
(2) by adding at the end the following new subparagraph:
``(D) Disposition of cash proceeds.--Cash proceeds
attributable to the auction of any eligible frequencies
described in section 113(g)(2) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(g)(2)) shall be
deposited in the Spectrum Relocation Fund established
under section 118 of such Act, and shall be available
in accordance with that section.''.
SEC. 4. ESTABLISHMENT OF FUND AND PROCEDURES.
Part B of the National Telecommunications and Information
Administration Organization Act is amended by adding after section 117
(47 U.S.C. 927) the following new section:
``SEC. 118. SPECTRUM RELOCATION FUND.
``(a) Establishment of Spectrum Relocation Fund.--There is
established on the books of the Treasury a separate fund to be known as
the `Spectrum Relocation Fund' (in this section referred to as the
`Fund'), which shall be administered by the Office of Management and
Budget (in this section referred to as `OMB'), in consultation with the
NTIA.
``(b) Crediting of Receipts.--The Fund shall be credited with the
amounts specified in section 309(j)(8)(D) of the Communications Act of
1934 (47 U.S.C. 309(j)(8)(D)). The proceeds attributable to each
auction of any eligible frequencies described in section 113(g)(2) of
this Act shall be deposited in a separate account in the Fund.
``(c) Used To Pay Relocation Costs.--The amounts in an account in
the Fund from an auction of eligible frequencies are authorized to be
used to pay relocation costs, as defined in section 113(g)(3) of this
Act, of an eligible Federal entity incurring such costs with respect to
relocation from those frequencies.
``(d) Fund Availability.--
``(1) Appropriation.--There are hereby appropriated from
the Fund such sums as are required to pay the relocation costs
specified in subsection (c).
``(2) Transfer conditions.--None of the funds provided
under this subsection may be transferred to any eligible
Federal entity--
``(A) unless the Director of OMB has determined, in
consultation with the NTIA, the appropriateness of such
costs and the timeline for relocation; and
``(B) until 30 days after the Director of the
Office of Management and Budget has submitted to the
House and Senate Committees on Appropriations, the
House Committee on Energy and Commerce, and the Senate
Committee on Commerce, Science, and Transportation a
detailed plan describing how the sums transferred from
the Fund will be used to pay relocation costs in
accordance with such subsection and the timeline for
such relocation.
``(3) Reversion of unused funds.--Any unexpended balances
of an account in the Fund that are remaining after the payment
of the relocation costs that are payable from such account
shall revert to and be deposited in the general fund of the
Treasury. Such reversion and deposit shall be made not later
than the end of the fiscal year in which the NTIA has notified
the Commission that all of the entities whose relocation costs
are payable from such account have either--
``(A) completed their relocation; or
``(B) been determined by NTIA to have unreasonably
failed to complete such relocation in accordance with
the timeline required by paragraph (2)(A).
``(e) Transfer to Eligible Federal Entities.--
``(1) Transfer.--Amounts made available pursuant to
subsection (d) shall be transferred to eligible Federal
entities, as defined in section 113(g)(1) of this Act. An
eligible Federal entity may, subject to subsection (d)(2) of
this section and the availability of funds in the relevant
account, receive more than one such transfer, but all such
transfers are subject to prior approval by the Director of OMB.
Such transferred amounts shall be credited to the account of
the eligible Federal entity which has incurred, or will incur,
such costs, and shall remain available until the NTIA has
notified the Commission that the Federal entity has completed
the relocation, or the NTIA has determined that such entity has
unreasonably failed to complete such relocation in accordance
with the timeline required by paragraph (2)(A).
``(2) Retransfer to fund.--An eligible Federal entity that
has received such amounts shall report its expenditures to OMB
and shall transfer any amounts in excess of actual relocation
costs back to the account in the Fund from which it was
transferred immediately after the NTIA has notified the
Commission that the entity's relocation is complete, or has
determined that such entity has unreasonably failed to complete
such relocation in accordance with the timeline required by
paragraph (2)(A).''.
SEC. 5. CONSTRUCTION.
Nothing in this Act is intended to modify section 1062(b) of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65).
SEC. 6. EXEMPTION FROM SEQUESTRATION.
The Spectrum Relocation Fund shall be exempt from reduction under
any order issued under section 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
SEC. 7. REPORT.
The National Telecommunications and Information Administration
shall submit an annual report to the Committees on Appropriations and
Energy and Commerce of the House of Representatives and the Committees
on Appropriations and Commerce, Science, and Transportation of the
Senate on--
(1) the progress made in adhering to the timelines
applicable to relocation from eligible frequencies required
under section 118(d)(2)(A) of the National Telecommunications
and Information Administration Organization Act, separately
stated on a communication system-by-system basis and on an
auction-by-auction basis; and
(2) with respect to each relocated communication system and
auction, a statement of the estimate of relocation costs
required under section 113(g)(4) of such Act, the actual
relocations costs incurred, and the amount of such costs paid
from the Spectrum Relocation Fund. | Commercial Spectrum Enhancement Act - Amends the National Telecommunications and Information Administration Organization Act to revise provisions concerning the reallocation of spectrum from governmental to commercial users.Makes any Federal entity that operates a Government station assigned within a specified band of frequencies and that incurs relocation costs due to reallocation to non-Federal use eligible for reimbursement from the Spectrum Relocation Fund established in this Act. Requires the National Telecommunications and Information Administration to notify the Federal Communications Commission (FCC) of estimated relocation costs at least six months prior to the commencement of any auction of eligible frequencies.Amends the Communications Act of 1934 to require the FCC: (1) in designing competitive bidding under such auctions, to have as an objective the recovery of 110 percent of the estimated relocation costs; (2) prescribe methods by which the total cash proceeds from any auction equals at least 110 percent of such costs; and (3) prohibit the FCC from concluding any auction under which such goal is not reached. Authorizes the FCC to grant a license for the advance use of eligible frequencies pending an auction, on the condition that the licensee cannot cause harmful interference to the Federal entity until the entity's authorization has been terminated.Establishes the Fund. Exempts the Fund from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985. | {"src": "billsum_train", "title": "To amend the National Telecommunications and Information Administration Organization Act to facilitate the reallocation of spectrum from governmental to commercial users."} | 3,175 | 297 | 0.558608 | 1.696163 | 0.804227 | 2.995968 | 11.375 | 0.891129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biodiesel Promotion Act of 2002''.
SEC. 2. INCENTIVES FOR BIODIESEL.
(a) Credit for Biodiesel Used as a Fuel.--
(1) 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 inserting after section
40 the following new section:
``SEC. 40A. BIODIESEL USED AS FUEL.
``(a) General Rule.--For purposes of section 38, the biodiesel
fuels credit determined under this section for the taxable year is an
amount equal to the biodiesel mixture credit.
``(b) Definition of Biodiesel Mixture Credit.--For purposes of this
section--
``(1) Biodiesel mixture credit.--
``(A) In general.--The biodiesel mixture credit of
any taxpayer for any taxable year is the sum of the
products of the biodiesel mixture rate for each
qualified biodiesel mixture and the number of gallons
of such mixture of the taxpayer for the taxable year.
``(B) Biodiesel mixture rate.--For purposes of
subparagraph (A), the biodiesel mixture rate for each
qualified biodiesel mixture shall be 1 cent for each
whole percentage point (not exceeding 20 percentage
points) of biodiesel in such mixture.
``(2) Qualified biodiesel mixture.--
``(A) In general.--The term `qualified biodiesel
mixture' means a mixture of diesel and biodiesel
which--
``(i) is sold by the taxpayer producing
such mixture to any person for use as a fuel,
or
``(ii) is used as a fuel by the taxpayer
producing such mixture.
``(B) Sale or use must be in trade or business,
etc.--Biodiesel used in the production of a qualified
biodiesel mixture shall be taken into account--
``(i) only if the sale or use described in
subparagraph (A) is in a trade or business of
the taxpayer, and
``(ii) for the taxable year in which such
sale or use occurs.
``(C) Casual off-farm production not eligible.--No
credit shall be allowed under this section with respect
to any casual off-farm production of a qualified
biodiesel mixture.
``(c) Coordination With Exemption From Excise Tax.--The amount of
the credit determined under this section with respect to any biodiesel
shall, under regulations prescribed by the Secretary, be properly
reduced to take into account any benefit provided with respect to such
biodiesel solely by reason of the application of section 4041(n) or
section 4081(f).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Biodiesel defined.--
``(A) In general.--The term `biodiesel' means the
monoalkyl esters of long chain fatty acids derived from
virgin vegetable oils for use in compressional-ignition
(diesel) engines. Such term shall include esters
derived from vegetable oils from corn, soybeans,
sunflower seeds, cottonseeds, canola, crambe,
rapeseeds, safflowers, flaxseeds, rice bran, and
mustard seeds.
``(B) Registration requirements.--Such term shall
only include a biodiesel which meets--
``(i) the registration requirements for
fuels and fuel additives established by the
Environmental Protection Agency under section
211 of the Clean Air Act (42 U.S.C. 7545), and
``(ii) the requirements of the American
Society of Testing and Materials D6751.
``(2) Biodiesel mixture not used as a fuel, etc.--
``(A) Imposition of tax.--If--
``(i) any credit was determined under this
section with respect to biodiesel used in the
production of any qualified biodiesel mixture,
and
``(ii) any person--
``(I) separates the biodiesel from
the mixture, or
``(II) without separation, uses the
mixture other than as a fuel,
then there is hereby imposed on such person a
tax equal to the product of the biodiesel
mixture rate applicable under subsection
(b)(1)(B) and the number of gallons of the
mixture.
``(B) Applicable laws.--All provisions of law,
including penalties, shall, insofar as applicable and
not inconsistent with this section, apply in respect of
any tax imposed under subparagraph (A) as if such tax
were imposed by section 4081 and not by this chapter.
``(3) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(e) Election To Have Biodiesel Fuels Credit Not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Time for making election.--An election under
paragraph (1) for any taxable year may be made (or revoked) at
any time before the expiration of the 3-year period beginning
on the last date prescribed by law for filing the return for
such taxable year (determined without regard to extensions).
``(3) Manner of making election.--An election under
paragraph (1) (or revocation thereof) shall be made in such
manner as the Secretary may by regulations prescribe.''.
``(f) Termination.--This section shall not apply to any fuel sold
after December 31, 2012.''.
(2) Credit treated as part of general business credit.--
Section 38(b) of such Code is amended by striking ``plus'' at
the end of paragraph (14), by striking the period at the end of
paragraph (15) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(16) the biodiesel fuels credit determined under section
40A.''.
(3) Conforming amendments.--
(A) Section 39(d) of such Code is amended by adding
at the end the following new paragraph:
``(11) No carryback of biodiesel fuels credit before
january 1, 2003.--No portion of the unused business credit for
any taxable year which is attributable to the biodiesel fuels
credit determined under section 40A may be carried back to a
taxable year beginning before January 1, 2003.''.
(B) Section 196(c) of such Code is amended by
striking ``and'' at the end of paragraph (9), by
striking the period at the end of paragraph (10), and
by adding at the end the following new paragraph:
``(11) the biodiesel fuels credit determined under section
40A.''.
(C) Section 6501(m) of such Code is amended by
inserting ``40A(e),'' after ``40(f),''.
(D) The table of sections for subpart D of part IV
of subchapter A of chapter 1 of such Code is amended by
adding after the item relating to section 40 the
following new item:
``Sec. 40A. Biodiesel used as fuel.''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2002.
(b) Reduction of Motor Fuel Excise Taxes on Biodiesel Mixtures.--
(1) In general.--Section 4081 of the Internal Revenue Code
of 1986 (relating to manufacturers tax on petroleum products)
is amended by adding at the end the following new subsection:
``(f) Biodiesel Mixtures.--Under regulations prescribed by the
Secretary--
``(1) In general.--In the case of the removal or entry of a
qualified biodiesel mixture, the rate of tax under subsection
(a) shall be the otherwise applicable rate reduced by the
biodiesel mixture rate (if any) applicable to the mixture.
``(2) Tax prior to mixing.--
``(A) In general.--In the case of the removal or
entry of diesel fuel for use in producing at the time
of such removal or entry a qualified biodiesel mixture,
the rate of tax under subsection (a) shall be the
otherwise applicable rate, reduced by the amount
determined under subparagraph (B).
``(B) Applicable reduction.--For purposes of
subparagraph (A), the amount determined under this
subparagraph is an amount equal to the biodiesel
mixture rate for the qualified biodiesel mixture to be
produced from the diesel fuel, divided by a percentage
equal to 100 percent minus the percentage of biodiesel
which will be in the mixture.
``(3) Definitions.--For purposes of this subsection, any
term used in this subsection which is also used in section 40A
shall have the meaning given such term by section 40A.
``(4) Certain rules to apply.--Rules similar to the rules
of paragraphs (6) and (7) of subsection (c) shall apply for
purposes of this subsection.''.
(2) Conforming amendments.--
(A) Section 4041 of such Code is amended by adding
at the end the following new subsection:
``(n) Biodiesel Mixtures.--Under regulations prescribed by the
Secretary, in the case of the sale or use of a qualified biodiesel
mixture (as defined in section 40A(b)(2)), the rates under paragraphs
(1) and (2) of subsection (a) shall be the otherwise applicable rates,
reduced by any applicable biodiesel mixture rate (as defined in section
40A(b)(1)(B)).''.
(B) Section 6427 of such Code is amended by
redesignating subsection (p) as subsection (q) and by
inserting after subsection (o) the following new
subsection:
``(p) Biodiesel Mixtures.--Except as provided in subsection (k), if
any diesel fuel on which tax was imposed by section 4081 at a rate not
determined under section 4081(f) is used by any person in producing a
qualified biodiesel mixture (as defined in section 40A(b)(2)) which is
sold or used in such person's trade or business, the Secretary shall
pay (without interest) to such person an amount equal to the per gallon
applicable biodiesel mixture rate (as defined in section 40A(b)(1)(B))
with respect to such fuel.''.
(3) Effective date.--The amendments made by this subsection
shall apply to any fuel sold after December 31, 2002, and
before January 1, 2013.
(c) Highway Trust Fund Held Harmless.--There are hereby transferred
(from time to time) from the funds of the Commodity Credit Corporation
amounts equivalent to the reductions that would occur (but for this
subsection) in the receipts of the Highway Trust Fund by reason of the
amendments made by this section. Such transfers shall be made on the
basis of estimates made by the Secretary of the Treasury and
adjustments shall be made to subsequent transfers to reflect any errors
in the estimates. | Biodiesel Promotion Act of 2002 - Amends the Internal Revenue Code to establish, until December 31, 2012, a credit to promote the production and usage of biodiesel fuel. Imposes a tax for biodiesel not used as fuel, but for which a credit was granted. Reduces motor fuel excise taxes on biodiesel mixtures.Provides for transfers of funds from the Commodity Credit Corporation to the Highway Trust Fund in amounts equivalent to the reductions that would occur but for this Act. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a tax credit to promote the production of biodiesel, and for other purposes."} | 2,564 | 117 | 0.583982 | 1.330932 | 0.564456 | 2.840909 | 25 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal-State Tax Fairness Act of
2000''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Covered state tax.--The term ``covered State tax''
means a lawfully imposed and nondiscriminatory State excise,
sales, or transaction tax levied or imposed on purchases, by
nonmembers of a tribe, of tobacco products or motor fuels from
a tribal retail enterprise, including a non-Indian retailer
affiliated with an Indian tribe.
(2) Indian country.--The term ``Indian country'' means--
(A) all lands within the limits of any Indian
reservation; and
(B) all lands title to which is either held in
trust by the United States for the benefit of any
Federally recognized Indian tribe or individual Indian
or held by any Indian tribe or individual Indian
subject to restriction by the United States against
alienation and over which an Indian tribe exercises
governmental power.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(4) Person.--The term ``person'' means individuals,
corporations, partnerships, associations of persons, State or
local governments, or Indian tribal governments.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or his or her designee.
(6) Service.--The term ``Service'' means the Federal
Mediation and Conciliation Service established under section
202 of the National Labor Relations Act (29 U.S.C. 172).
(7) Tribal retail enterprise.--The term ``tribal retail
enterprise'' means a retail store carrying on business in
Indian country that sells tobacco products or motor fuels and
is owned or operated by a person or an Indian tribe or a member
of an Indian tribe, or is owned or operated by a person who is
not a member of an Indian tribe under a management contract
with an Indian tribe or a member of an Indian tribe.
(8) Tribal-state agreement.--The term ``tribal-State
agreement'' means an agreement or compact between a State and
an Indian tribe concerning State taxes on tobacco products or
motor fuels that is in effect on the date of enactment of this
Act, or was in effect at any time between January 1, 1990, and
the date of enactment of this Act.
SEC. 3. APPLICABILITY.
(a) In General.--Except to the extent that a tribal-State agreement
provides otherwise, this Act shall not apply to any covered State tax
for which--
(1) a State law specifically exempts, either in whole or in
part, the collection or remittance of such taxes;
(2) the legal incidence of the otherwise applicable State
tax falls on a tribe or its members, thereby subjecting the
purchase by a tribal member from a tribal retail enterprise to
a State excise, sales, or transaction tax; or
(3) the State tax is preempted by the operation of Federal
law.
(b) Prospective Applicability.--This Act shall apply only to
covered State taxes due, or amounts due under tribal-State agreements,
with respect to purchases completed on or after the date of the
enactment of this Act.
SEC. 4. COLLECTION OF COVERED STATE TAXES PURSUANT TO STATE PETITIONS.
(a) Collection and Remittance of Taxes.--Not later than 60 days
after receiving a petition from the Governor of a State within the
borders of which a tribal retail enterprise is located alleging the
non-collection of a covered State tax by the tribal retail enterprise,
the Secretary shall determine whether or not the tribal retail
enterprise is collecting and remitting the appropriate amount of
covered State tax according to the laws of such State) (if no tribal-
State agreement exists) or the terms of a tribal-State agreement (if a
tribal-State agreement exists). Upon a determination of non-collection
and non-remittance, the Secretary shall notify and direct the tribal
retail enterprise to collect the covered State tax and remit it to the
Secretary pursuant to subsection (b).
(b) Remittance to Secretary.--
(1) In general.--A tribal retail enterprise shall remit to
the Secretary covered State taxes collected pursuant to
subsection (a) on a monthly basis, by the 15th day following
the month in which the taxes were collected.
(2) Determination of amount to be remitted to secretary.--
(A) Existence of tribal-state agreement.--In the
event a tribal-State agreement exists or existed with
respect to the tribal retail enterprise or Indian tribe
named in a subsection (a) petition, then the amount of
covered State taxes remitted to the Secretary pursuant
to such a petition shall in no event be more than the
amount provided for by the terms of such tribal-State
agreement, even if such tribal-State agreement is no longer in effect
at the time of the subsection (a) petition because the agreement has
expired or one of the parties to the agreement has terminated the
agreement.
(B) Absence of tribal-state agreement.--In the
event a tribal-State agreement with respect to the
tribal retail enterprise or Indian tribe named in a
subsection (a) petition did not or does not exist, then
the Secretary shall consult with a State making the
petition under subsection (a) to determine the
appropriate amount of covered State taxes that should
be remitted to the Secretary under this subsection
based upon the volume of motor fuels and tobacco
products sold to nontribal members at the tribal retail
enterprise.
(C) Mediation.--If necessary to determine the
amount to be remitted under this subsection, the
Secretary shall consult with the Service and establish
a mediation between the Indian tribe and the State for
the purposes of determining such amount. The Service
shall complete such mediation within 180 days of the
initial consultation by the Secretary and render its
determination on the appropriate amount to be remitted
to the Secretary immediately. Once the Secretary has
received the Service's determination, that
determination shall be used by the Secretary in
establishing the appropriate amount to be remitted
under subsection (a).
(3) Exclusion.--Unless otherwise provided by a tribal-State
agreement described in subsection (b)(2)(A), a tribal retail
enterprise shall not remit to the Secretary any covered State
taxes collected from tribal members from purchases of tobacco
products and motor fuels.
(c) Return of Funds to Appropriate State.--Not later than 30 days
after receiving a covered State tax payment from a tribal retail
enterprise or Indian tribe under subsection (b), the Secretary shall
remit the balance of taxes collected under subsection (b) (after
subtracting administrative expenses subject to subsection (d)) to the
State fund specified by the Governor in the petition submitted under
subsection (a).
(d) Administrative Expenses.--Prior to the return of funds to the
appropriate State under subsection (c), the Secretary shall deduct from
the amount remitted from the tribal retail enterprise pursuant to
subsection (b) an administrative fee that is equal to the direct cost
of administering this Act. The administrative fee deducted under this
subsection shall not exceed one percent of the amounts remitted
pursuant to subsection (b).
(e) Satisfaction of Duties Under Tribal-State Agreement.--Amounts
remitted to the Secretary under subsection (b) shall be applied by the
State to amounts due under the terms of the tribal-State agreement
described in subsection (b)(2)(A).
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations
providing for the implementation and enforcement of this Act.
(g) Specific Prices.--No provision of this Act shall require any
tribal retail enterprise to sell motor fuels or tobacco products at any
specific price.
SEC. 5. MEDIATION OF DISPUTES BETWEEN TRIBES AND STATES UNDER TRIBAL-
STATE AGREEMENTS.
(a) In General.--A State or an Indian tribe may petition the
Secretary to mediate disputes between a State and an Indian tribe
regarding compliance with the terms of a tribal-State agreement in
effect on the date of such petition.
(b) Mediation.--Within 60 days of receiving a petition under
subsection (a), the Secretary shall either convene a mediation of the
State and the Indian tribe to resolve the dispute or consult with the
Service and establish a mediation between the Indian tribe and the
State for the purposes of determining such amount. The Service shall
report its conclusions regarding the dispute contained in a subsection
(a) within 180 days of the initial consultation by the Secretary. Once
the Secretary or the Service has made a determination regarding the
issue in dispute, the Secretary shall notify the parties to the
subsection (a) petition of the determination and urge the adoption of
the determination by such parties.
SEC. 6. ENFORCEMENT.
(a) Notice of Violation.--If a tribal retail enterprise fails to
comply within 60 days with section 4(a) once the Secretary has made a
determination under section 4(b), the Secretary shall notify the tribal
retail enterprise of this violation and demand immediate compliance
with the determination.
(b) Referral of Violation to Department of Justice.--If a tribal
retail enterprise is not in compliance with section 4 within 30 days of
the notification under subsection (a), the Secretary shall refer the
matter within 15 days to the Department of Justice.
(c) Commencement of Civil Enforcement Action.--
(1) In general.--Not later than 60 days after a referral
under subsection (b), the Department of Justice shall initiate
a civil enforcement action in Federal district court against
the tribal retail enterprise.
(2) Tribal-owned retail enterprise.--If the tribal retail
enterprise named in such a civil enforcement action is owned or
operated by an Indian tribe, then the civil action shall
include requests for injunctive relief against the tribal
retail enterprise and the appropriate Indian tribal government
and for the payment to the Secretary of all covered State
taxes, as determined under section 4(b), owed by the tribal
retail enterprise from the date of the enactment of this Act.
(3) Tribal member-owned retail enterprise.--If the tribal
retail enterprise named in such a civil enforcement action is
owned or operated by a member of an Indian tribe, then the
civil action shall include requests for injunctive relief and
civil penalties in the amount of 3 times the covered State
taxes, as determined under section 4(b), owed by the tribal
retail enterprise from the date of enactment of this Act.
(d) Challenge to Compliance.--
(1) Information.--
(A) In general.--Any person, including but not
limited to a State, that has information indicating
that a tribe is not remitting the appropriate covered
State tax to the Secretary under section 4(b), may
submit such information to the Secretary. Not later
than 30 days after receipt of such information, the
Secretary shall commence an administrative action to
determine the validity of this information. Such
administrative action shall be concluded within 60
days. If, after this administrative action, the
Secretary concludes that the tribal retail enterprise
is in violation of this Act, then the Secretary shall
issue a notice of violation under subsection (a).
(B) Limitation.--The Secretary shall commence an
administrative action under subparagraph (A) only if
the information submitted by a person under
subparagraph (A) directly relates to covered State tax
amounts due as a result of the Secretary's action on a
petition submitted under section 4(a).
(2) Judicial review.--A person may challenge the
Secretary's conclusions under this subsection by commencing an
action in Federal district court; provided, that if the
challenge is not sustained by the court, the challenging person
shall be liable to the Secretary for attorney's fees and court
costs. | Provides for the mediation of disputes between tribes and States under tribal-State agreements, with enforcement provisions. Allows any person with information that a tribe is not remitting appropriate covered State taxes to submit such information to the Secretary. Requires the Secretary to commence an administrative action for appropriate State relief. Provides for judicial review of determinations made by the Secretary. | {"src": "billsum_train", "title": "Tribal-State Tax Fairness Act of 2000"} | 2,670 | 82 | 0.487512 | 1.119728 | 0.247201 | 3.641791 | 36.029851 | 0.925373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Penalty Enhancement
Act of 2002''.
SEC. 2. AGGRAVATED IDENTITY THEFT.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding after section 1028, the following:
``Sec. 1028A. Aggravated identity theft
``(a) Offenses.--
``(1) In general.--Whoever, during and in relation to any
felony violation enumerated in subsection (c), knowingly
transfers, possesses, or uses, without lawful authority, a
means of identification of another person shall, in addition to
the punishment provided for such felony, be sentenced to a term
of imprisonment of 2 years.
``(2) Terrorism offense.--Whoever, during and in relation
to any felony violation enumerated in section 2332b(g)(5)(B),
knowingly transfers, possesses, or uses, without lawful
authority, a means of identification of another person shall,
in addition to the punishment provided for such felony, be
sentenced to a term of imprisonment of 5 years.
``(b) Consecutive Sentence.--Notwithstanding any other provision of
law--
``(1) a court shall not place on probation any person
convicted of a violation of this section;
``(2) except as provided in paragraph (4), no term of
imprisonment imposed on a person under this section shall run
concurrently with any other term of imprisonment imposed on the
person under any other provision of law, including any term of
imprisonment imposed for the felony during which the means of
identification was transferred, possessed, or used;
``(3) in determining any term of imprisonment to be imposed
for the felony during which the means of identification was
transferred, possessed, or used, a court shall not in any way
reduce the term to be imposed for such crime so as to
compensate for, or otherwise take into account, any separate
term of imprisonment imposed or to be imposed for a violation
of this section; and
``(4) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion of the court,
run concurrently, in whole or in part, only with another term
of imprisonment that is imposed by the court at the same time
on that person for an additional violation of this section,
provided that such discretion shall be exercised in accordance
with any applicable guidelines and policy statements issued by
the Sentencing Commission pursuant to section 994 of title 28.
``(c) Definition.--For purposes of this section, the term `felony
violation enumerated in subsection (c)' means any offense that is a
felony violation of--
``(1) section 664 (relating to theft from employee benefit
plans);
``(2) section 911 (relating to false personation of
citizenship);
``(3) section 922(a)(6) (relating to false statements in
connection with the acquisition of a firearm);
``(4) any provision contained in this chapter (relating to
fraud and false statements), other than this section or section
1028(a)(7);
``(5) any provision contained in chapter 63 (relating to
mail, bank, and wire fraud);
``(6) any provision contained in chapter 69 (relating to
nationality and citizenship);
``(7) any provision contained in chapter 75 (relating to
passports and visas);
``(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C.
6823) (relating to obtaining customer information by false
pretenses);
``(9) section 243 or 266 of the Immigration and Nationality
Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to
leave the United States after deportation and creating a
counterfeit alien registration card);
``(10) any provision contained in chapter 8 of title II of
the Immigration and Nationality Act (8 U.S.C. 1321 et seq.)
(relating to various immigration offenses); or
``(11) section 208, 1107(b), or 1128B(a) of the Social
Security Act (42 U.S.C. 408, 1307(b), and 1320a-7b(a))
(relating to false statements relating to programs under the
Act).''.
(b) Amendment to Chapter Analysis.--The table of sections for
chapter 47 of title 18, United States Code, is amended by inserting
after the item relating to section 1028 the following new item:
``1028A. Aggravated identity theft.''.
SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PROHIBITION.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (a)(7)--
(A) by striking ``transfers'' and inserting
``transfers, possesses,''; and
(B) by striking ``abet,'' and inserting ``abet, or
in connection with,'';
(2) in subsection (b)(1)(D), by striking ``transfer'' and
inserting ``transfer, possession,'';
(3) in subsection (b)(2), by striking ``three years'' and
inserting ``5 years''; and
(4) in subsection (b)(4), by inserting after ``facilitate''
the following: ``an act of domestic terrorism (as defined under
section 2331(5) of this title) or''. | Identity Theft Penalty Enhancement Act of 2002 - Amends the Federal criminal code to establish penalties for aggravated identity theft.Prescribes sentences of two years' imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including felonies relating to theft from employee benefit plans and various fraud and immigration offenses), and five years' imprisonment for knowingly taking such action during and in relation to specified felony violations pertaining to terrorist acts, in addition to the punishments provided for such felonies.Prohibits a court from: (1) placing any person convicted of such a violation on probation; (2) reducing any sentence for the related felony to take into account the sentence imposed for such a violation; or (3) providing for concurrent terms of imprisonment for a violation of this Act and any other violation, except, in the court's discretion, an additional violation of this section.Expands the existing identify theft prohibition to: (1) cover possession of a means of identification of another with intent to commit specified unlawful activity; (2) increase penalties for violations; and (3) include acts of domestic terrorism within the scope of a prohibition against facilitating an act of international terrorism. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to establish penalties for aggravated identity theft, and for other purposes."} | 1,247 | 278 | 0.617939 | 1.777436 | 0.965581 | 2.193416 | 4.563786 | 0.786008 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Graduate Medical
Education Reform Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Medicare indirect medical education performance adjustment and
primary care training bonus.
Sec. 3. Payments for graduate medical education to hospitals not
otherwise eligible for payments under the
Medicare program.
Sec. 4. Increasing graduate medical education transparency.
Sec. 5. Establishment of trust fund.
Sec. 6. Partial financing for trust fund from fees on insured and self-
insured health plans.
SEC. 2. MEDICARE INDIRECT MEDICAL EDUCATION PERFORMANCE ADJUSTMENT AND
PRIMARY CARE TRAINING BONUS.
Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B)) is amended--
(1) by redesignating the clause (x) as added by section
5505(b) of the Patient Protection and Affordable Care Act as
clause (xi); and
(2) by adding at the end the following new clauses:
``(xii) Adjustment for performance.--
``(I) In general.--The Secretary shall establish
and implement procedures under which the amount of
payments that a hospital would otherwise receive for
indirect medical education costs under this
subparagraph for discharges occurring during an
applicable period is adjusted based on the performance
of the hospital on measures of health care work force
priorities specified by the Secretary.
``(II) Measures.--The measures of health care
workforce priorities specified by the Secretary under
this clause shall include the extent of training
provided in--
``(aa) primary care (as defined in
subclause (VII)), excluding fellowships;
``(bb) a variety of settings and systems;
``(cc) the coordination of patient care
across settings;
``(dd) the relevant cost and value of
various diagnostic and treatment options;
``(ee) interprofessional and
multidisciplinary care teams;
``(ff) methods for identifying system
errors and implementing system solutions; and
``(gg) the use of health information
technology.
``(III) Measure development procedures.--
``(aa) In general.--The measures of health
care workforce priorities specified by the
Secretary under this clause shall be measures
that have been adopted or endorsed by a
consensus organization (such as the
Accreditation Council for Graduate Medical
Education or the Commission on Osteopathic
College Accreditation), that include measures
that have been submitted by teaching hospitals
and medical schools, and that the Secretary
identifies as having used a consensus-based
process for developing such measures.
``(bb) Proposed set of measures.--Not later
than January 1, 2013, the Secretary shall
publish in the Federal Register a proposed set
of measures for use under this clause. The
Secretary shall provide for a period of public
comment on such measures.
``(cc) Final set of measures.--Not later
than June 30, 2013, the Secretary shall publish
in the Federal Register the set of measures to
be specified by the Secretary for use under
this clause.
``(IV) Adjustment.--Subject to subclause (V), the
Secretary shall determine the amount of any adjustment
under this clause to payments to a hospital under this
subparagraph in an applicable period. Such adjustment
may not exceed an amount equal to 3 percent of the
total amount that the hospital would otherwise receive
under this subparagraph in such period.
``(V) Budget neutral.--In making adjustments under
this clause, the Secretary shall ensure that the total
amount of payments made to all hospitals under this
subparagraph for an applicable period is equal to the
total amount of payments that would have been made to
such hospitals under this subparagraph in such period
if this clause and clause (xii)(III) had not been
enacted.
``(VI) Primary care defined.--In this clause, the
term `primary care' means family medicine, general
internal medicine, general pediatrics, preventive
medicine, obstetrics and gynecology, and psychiatry.
``(VII) Applicable period defined.--In this clause,
the term `applicable period' means the 12-month period
beginning on July 1 of each year (beginning with 2013).
``(xiii) Bonus payment for training in primary care.--
``(I) In general.--Subject to subclause (III), in
the case of discharges occurring during an applicable
period, in addition to the amount of payments that a
hospital receives for indirect medical education costs
under this subparagraph for such discharges (determined
after any adjustment under clause (xii)), there shall
also be paid to the hospital an amount equal to 1
percent of such payments if, during such applicable
period, at least 33 percent of full-time equivalent
residents (excluding fellowships) enrolled in the
hospital's medical residency training programs were
enrolled in medical residency training programs in
primary care (as defined in clause (xii)(VI)).
``(II) Payments from medical education trust
fund.--Payments to hospitals under subclause (I) shall
be made from the Medical Education Trust Fund under
section 9512 of the Internal Revenue Code of 1986.
``(III) Limitation.--The total of the payments made
to eligible hospitals under subclause (I) with respect
to an applicable period shall not exceed an amount
equal to the funds appropriated to such Trust Fund
under subsection (b)(1) of such section 9512 for the
fiscal year ending on September 30 of such applicable
period.''.
SEC. 3. PAYMENTS FOR GRADUATE MEDICAL EDUCATION TO HOSPITALS NOT
OTHERWISE ELIGIBLE FOR PAYMENTS UNDER THE MEDICARE
PROGRAM.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by adding at the end the following new section:
``graduate medical education payments for hospitals not otherwise
eligible
``Sec. 1899B. (a) Program.--
``(1) In general.--The Secretary shall establish a program
under which payments are made to eligible hospitals for each
applicable period for direct expenses and indirect expenses
associated with operating approved graduate medical residency
training programs.
``(2) Requirements.--Under the program under paragraph (1),
the provisions of section 340E of the Public Health Service Act
shall apply to payments to eligible hospitals in a similar
manner as such provisions apply to payments to children's
hospitals under such section 340E, except that--
``(A) payments to eligible hospitals under the
program shall be made from the Medical Education Trust
Fund under section 9512 of the Internal Revenue Code of
1986; and
``(B) the total of the payments made to eligible
hospitals under the program in an applicable period
shall not exceed an amount equal to--
``(i) the funds appropriated to such Trust
Fund under subsection (b)(1) of such section
9512 for the fiscal year ending on September 30
of such applicable period; minus
``(ii) the total amount of payments made to
hospitals under section 1886(d)(5)(B)(xiii) in
applicable period.
``(b) Eligible Hospital Defined.--In this section, the term
`eligible hospital' means the following hospitals:
``(1) A children's hospital (as defined in section
340E(g)(2) of the Public Health Service Act).
``(2) A freestanding psychiatric hospital that has--
``(A) 90 percent or more inpatients under the age
of 18;
``(B) its own Medicare provider number as of
December 6, 1999; and
``(C) an accredited residency program.
``(3) A hospital--
``(A) that annually has at least 3,000 births;
``(B) for which less than 4 percent of the total
annual discharges from the hospital are Medicare
discharges of individuals who, as of the time of the
discharge--
``(i) were entitled to, or enrolled for,
benefits under part A; and
``(ii) were not enrolled in--
``(I) a Medicare Advantage plan
under part C;
``(II) an eligible organization
under section 1876; or
``(III) a PACE program under
section 1894;
``(C) that has its own Medicare provider number;
and
``(D) that has an accredited residency program.
``(c) Applicable Period Defined.--In this section, the term
`applicable period' has the meaning given that term in section
1886(d)(5)(B)(xii)(VII).
``(d) Regulations.--The Secretary shall promulgate regulations to
carry out this section.''.
SEC. 4. INCREASING GRADUATE MEDICAL EDUCATION TRANSPARENCY.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter, the Secretary of Health
and Human Services shall submit to Congress and the National Health
Care Workforce Commission under section 5101 of the Patient Protection
and Affordable Care Act a report on the graduate medical education
payments that hospitals receive under the Medicare program. The report
shall include the following information with respect to each hospital
that receives such payments:
(1) The direct graduate medical education payments made to
the hospital under section 1886(h) of the Social Security Act
(42 U.S.C. 1395ww(h)).
(2) The indirect medical education payments made to the
hospital under section 1886(d)(5)(B) of such Act (42 U.S.C.
1395ww(d)(1)(B)).
(3) The number of residents counted for purposes of making
the payments described in paragraph (1).
(4) The number of residents counted for purposes of making
the payments described in paragraph (2).
(5) The number of residents, if any, that are not counted
for purposes of making payments described in paragraph (1).
(6) The number of residents, if any, that are not counted
for purposes of making payments described in paragraph (2).
(7) The percent that the payments described in paragraphs
(1) and (2) that are made to the hospital make up of the total
costs that the hospital incurs in providing graduate medical
education, including salaries, benefits, operational expenses,
and all other patient care costs.
SEC. 5. ESTABLISHMENT OF TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to establishment of trust funds) is amended by
adding at the end the following new section:
``SEC. 9512. MEDICAL EDUCATION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Medical Education
Trust Fund' (hereafter in this section referred to as the `Trust
Fund'), consisting of such amounts as may be appropriated or credited
to such Trust Fund as provided in this section and section 9602(b).
``(b) Transfers to Fund.--
``(1) Appropriations.--There are hereby appropriated to the
Trust Fund in each fiscal year (beginning with fiscal year
2013) the sum of an amount equivalent to one-half (or, in the
case of fiscal year 2013, two-thirds) of the net revenues
received in the Treasury from the fees imposed under subchapter
B of chapter 34 (relating to fees on health insurance and self-
insured plans).
``(2) Limitation on transfers.--No amount may be
appropriated or transferred to the Trust Fund on and after the
date of any expenditure from the Trust Fund which is not an
expenditure permitted under this section. The determination of
whether an expenditure is so permitted shall be made without
regard to--
``(A) any provision of law which is not contained
or referenced in this chapter or in a revenue Act; and
``(B) whether such provision of law is a
subsequently enacted provision or directly or
indirectly seeks to waive the application of this
paragraph.
``(c) Trustee.--The Secretary of Health and Human Services shall be
a trustee of the Trust Fund.
``(d) Expenditures From Trust Fund.--Amounts in the Trust Fund are
available, without further appropriation, to the Secretary of Health
and Human Services for making payments under sections
1886(d)(5)(B)(xiii) and 1899B of the Social Security Act.
``(e) Net Revenues.--For purposes of this section, the term `net
revenues' means the amount estimated by the Secretary of the Treasury
based on the excess of--
``(1) the fees received in the Treasury under subchapter B
of chapter 34, over
``(2) the decrease in the tax imposed by chapter 1
resulting from the fees imposed by such subchapter.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 9512. Medical Education Trust Fund.''.
SEC. 6. PARTIAL FINANCING FOR TRUST FUND FROM FEES ON INSURED AND SELF-
INSURED HEALTH PLANS.
(a) Imposition of Fee.--Section 4375(a) of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``$2'' and inserting ``$4''; and
(2) by striking ``$1'' and inserting ``$3''.
(b) Conforming Amendment to the Patient-Centered Outcomes Research
Trust Fund.--Section 9511(b)(1)(E) of the Internal Revenue Code of 1986
is amended by inserting ``one-half (or, in the case of fiscal year
2013, one-third) of'' after ``equivalent to''. | Graduate Medical Education Reform Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and implement procedures under which the amount of payments that a hospital would otherwise receive for indirect medical education (IME) costs for discharges occurring during an applicable period is adjusted based on the performance of the hospital on specified measures of health care work force priorities.
Requires bonus payments to a hospital if at least 33% of its full-time equivalent residents were enrolled in medical residency programs in primary care during the applicable period.
Directs the Secretary to establish a program of payments to eligible hospitals for direct and indirect expenses associated with operating graduate medical residency training programs.
Directs the Secretary to report to Congress and the National Health Care Workforce Commission on the graduate medical education (GME) payments that hospitals receive under the Medicare program.
Establishes in the Treasury the Medical Education Trust Fund.
Amends the Internal Revenue Code to increase the fees on insured and self-insured health plans to provide partial financing for the Trust Fund. | {"src": "billsum_train", "title": "A bill to establish a medical education trust fund, and for other purposes."} | 3,179 | 236 | 0.564424 | 1.538893 | 0.882387 | 3.716981 | 13.278302 | 0.933962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Child Left Behind Improvement and
Flexibility Act of 2004''.
SEC. 2. AMENDMENTS TO ESEA.
(a) Assessments and Adequate Yearly Progress.--
(1) Continuous growth model.--Clause (iii) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)(C)) is amended to read as follows:
``(iii) results in continuous and
substantial academic improvement for all
students as demonstrated by measures of
students' progress toward proficiency,
including longitudinal growth at the student
level or student cohort level;''.
(2) Data averaging.--Clause (iii) of section 1111(b)(2)(J)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended by inserting ``or other means
that increase the stability of school-building results from
year to year'' after ``school''.
(3) Same subgroup, same subject.--Section 1116(b) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)) is amended--
(A) in paragraph (1)(A), by striking ``that fails,
for 2 consecutive years, to make adequate yearly
progress'' and inserting ``in which the same group of
students described in section 1111(b)(2)(C)(v) fails in
the same subject, for 2 consecutive years, to make
adequate yearly progress'';
(B) in paragraph (5), by striking ``that fails to
make adequate yearly progress'' and inserting ``that
fails (with respect to the same group of students and
the same subject described in paragraph (1)(A)) to make
adequate yearly progress'';
(C) in paragraph (7)(C), by striking ``that fails
to make adequate yearly progress'' and inserting ``that
fails (with respect to the same group of students and
the same subject described in paragraph (1)(A)) to make
adequate yearly progress''; and
(D) in paragraph (8)(A), by striking ``to fail to
make adequate yearly progress'' and inserting ``to fail
(with respect to the same group of students and the
same subject described in paragraph (1)(A)) to make
adequate yearly progress''.
(4) Multiple measures.--Paragraph (2) of section 1111(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)) is amended--
(A) in subparagraph (A)--
(i) by striking ``and'' at the end of
clause (ii);
(ii) by striking the period at the end of
clause (iii) and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) include with respect to each group
of students described in subparagraph (C)(v)
multiple measures of academic achievement, such
as the proportion of State report card
indicators met, a performance index score,
student drop-out rate, and a measure based on
individual student achievement gains over
time.'';
(B) in clause (iv) of subparagraph (C), by striking
``based primarily on the academic assessments described
in paragraph (3)'' and inserting ``based primarily (but
not more than 60 percent) on the academic assessments
described in paragraph (3)''; and
(C) by amending subparagraph (D) to read as
follows:
``(D) Requirements for other indicators.--In
carrying out subparagraphs (A), (B), and (C), the State
shall ensure that--
``(i) the indicators described in those
provisions are valid and reliable, and are
consistent with relevant, nationally recognized
professional and technical standards, if any;
and
``(ii) schools identified for school
improvement, corrective action, or
restructuring are identified using multiple
measures of assessing school performance.''.
(5) Norm referenced assessments.--Clause (ii) of section
1111(b)(3)(C) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316(b)(3)(C)) is amended--
(A) by striking ``and'' before ``provide''; and
(B) by inserting ``, be aligned with curriculum and
instruction to adequately assess their effect on each
content standard assessed, and include individual test
items that, based on technical criteria, enable
students to achieve the items if the students receive
appropriate instruction'' before the semicolon at the
end.
(6) Exclusion of lep students from math assessments.--
Clause (ix) of section 1111(b)(3)(C) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(30(C)) is
amended--
(A) in subclause (II), by striking ``and'' at the
end;
(B) in subclause (III)--
(i) by inserting ``subject to subclause
(IV),'' before ``the inclusion of limited
English proficient students''; and
(ii) by adding ``and'' at the end; and
(C) at the end of the clause, by adding the
following:
``(IV) at the discretion of the
State, the exclusion of limited English
proficient students who have attended
school in the United States for not
more than 1 school year from the
academic assessments of mathematics and
reading or language arts;''.
(b) Teacher Quality.--
(1) Highly qualified special education teachers.--Paragraph
(23) of section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801) is amended--
(A) in subparagraph (B)--
(i) in subclause (I), by inserting
``(except that a special education teacher may
satisfy the requirements of this subclause by
passing such a rigorous State academic subject
test in special education or in any 1 subject
that the teacher teaches if, with respect to
each other academic subject in which the
teacher teaches, the teacher works in
collaboration with a teacher who is highly
qualified in the subject)'' before the
semicolon; and
(ii) by striking ``and'' at the end of the
subparagraph;
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding at the end the following:
``(D) when used with respect to a special education
elementary, middle, or secondary school teacher, means
that the teacher holds at least a bachelor's degree
and--
``(i) has met the applicable standard in
subparagraph (B) or (C); or
``(ii) has successfully completed an
academic major, a graduate degree, coursework
equivalent to an undergraduate academic major,
or advanced certification or credentialing in
special education.''.
(2) Highly qualified elementary school teachers.--Section
9101(23)(B)(i) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801(23)(B)(i)) is amended--
(A) by striking ``means that the teacher'' and
inserting ``means that the teacher holds at least a
bachelor's degree and''; and
(B) by amending subclause (I) to read as follows:
``(I) has successfully completed a
graduate degree, or advanced
certification or credentialing; and''.
(3) Portability of highly qualified status.--Subsection (a)
of section 1119 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6319) is amended by adding at the end the
following:
``(4) Transferring teachers.--
``(A) In general.--Subject to subparagraph (B), if
a teacher transfers to a school after demonstrating at
another school that he or she was highly qualified, the
teacher is deemed to continue to satisfy the
requirements of subparagraph (B), (C), or (D) of
section 9101(23), as applicable.
``(B) Exception.--If a teacher described in
subparagraph (A) transfers to a school in a different
State, the State may reject the teacher's status as
highly qualified to the extent that such status was
based on passing a rigorous State test pursuant to
section 9101(23)(B) or meeting a high objective uniform
State standard of evaluation pursuant to section
9101(23)(C).
``(C) Definition.--For purposes of this paragraph,
the term `different State' means a State other than the
State in which the teacher demonstrated that he or she
was highly qualified.''.
(4) Certification waivers.--Clause (ii) of section
9101(23)(A) of the Elementary and Secondary Education Act (20
U.S.C. 7801(23)(A)) is amended to read as follows:
``(ii) the teacher does not currently have
certification or licensure requirements waived
on an emergency, temporary, or provisional
basis;''.
(c) Special Education Students.--
(1) Graduation rate.--Clause (vi) of section 1111(b)(2)(C)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended by inserting ``, except that
the State may exclude from the calculation of such percentage
students with disabilities who are allowed by State law to
remain in secondary school beyond the standard number of
years'' after ``who graduate from secondary school with a
regular diploma in the standard number of years''.
(2) Assessing students with disabilities.--Subparagraph (C)
of section 1111(b)(3) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(3)) is amended--
(A) in clause (xiv), by striking ``and'' at the
end;
(B) in clause (xv), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(xvi) notwithstanding clause (i), at the
discretion of the State, provide for out-of-
level testing of children with disabilities.''.
(d) Rural Schools.--
(1) Highly qualified teachers in rural schools.--Subsection
(a) of section 1119 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6319), as amended by subsection (b)(3),
is further amended by adding at the end the following:
``(5) Rural schools.--
``(A) Waiver.--The Secretary may waive the
requirements of this subsection with respect to the
teachers teaching at any rural school if the school
demonstrates to the Secretary's satisfaction that such
requirements impose an undue hardship on the school
because of population and geographic restraints.
``(B) Application.--To seek a waiver under this
paragraph, a school shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require. Any such application shall include--
``(i) an explanation of why the
requirements of this paragraph impose an undue
hardship on the school because of population
and geographic constraints; and
``(ii) a description of the actions the
school intends to take to meet such
requirements.
``(C) Renewal.--A waiver under this paragraph may
be for a period of not more than 5 years and may be
renewed.''.
(2) School choice, supplemental services.--Subparagraph (E)
of section 1116(b)(1) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6316(b)(1)) is amended--
(A) in clause (i), by striking ``In the case of''
and inserting ``Subject to clause (iii), in the case
of'';
(B) by adding at the end the following:
``(iii) Rural schools.--
``(I) First year.--During the first
school year following identification
for school improvement under this
paragraph, a rural school may make
supplemental educational services
available consistent with subsection
(e) in lieu of providing students an
opportunity to transfer under this
subparagraph.
``(II) Subsequent years.--If a
rural school fails to make adequate
yearly progress (as set out in the
State's plan under section 1111(b)(2))
by the end of the first school year
following identification for school
improvement under this paragraph, and
the rural school demonstrates to the
Secretary's satisfaction that the
requirements of this subparagraph
impose an undue hardship on the school
because of geographic restraints, the
Secretary may waive the requirements of
this subparagraph with respect to the
school.
``(III) Application.--To seek a
waiver under this paragraph, a school
shall submit to the Secretary an
application at such time, in such
manner, and containing such information
as the Secretary may require. Any such
application shall include an
explanation of why the requirements of
this subparagraph impose an undue
hardship on the school because of
geographic restraints, and a
description of the actions the school
intends to take to meet such
requirements.
``(IV) Supplemental educational
services.--This clause shall not be
construed to diminish a rural school's
obligation to make supplemental
educational services available under
paragraph (5), (7), or (8) or
subsection (e).''. | No Child Left Behind Improvement and Flexibility Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise certain requirements which were added by the No Child Left Behind Act of 2001, including ones relating to: (1) academic assessments and adequate yearly progress; (2) teacher qualifications; (3) special education students; and (4) rural schools. | {"src": "billsum_train", "title": "To improve the accountability provisions of the part A of title I of the Elementary and Secondary Education Act of 1965, and for other purposes."} | 3,099 | 78 | 0.497485 | 1.152325 | 0.564837 | 3.12 | 36.306667 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pullman National Historical Park
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Pullman Historical District was designated as a
National Historic Landmark (NHL) District in 1970 by the
Secretary of the Interior for its significance to American
labor history, social history, architecture, urban planning,
and the events that took place at Pullman were pivotal in
creating the world's first national Labor Day holiday.
(2) The Historic Pullman District, built between the years
of 1880 and 1884, was established by George M. Pullman, owner
of the Pullman Palace Car Company. Pullman envisioned an
industrial town that provided employees with a model community
and suitable living conditions for workers and their families.
The town, which consisted of over 1,000 buildings and homes,
was awarded ``The World's Most Perfect Town'' at the
International Hygienic and Pharmaceutical Exposition in 1896.
(3) The Pullman factory site is a true symbol of the
historic American struggle to achieve fair labor practices for
the working class, with the original factory serving as the
catalyst for the first industry-wide strike in the United
States. In the midst of economic depression in 1894, Pullman
factory workers initiated a strike to protest unsafe conditions
and reductions in pay that, when taken up as a cause by the
American Railway Union (ARU), crippled the entire rail
industry. The strike continued even in the face of a Federal
injunction and a showdown between laborers and Federal troops
that turned violent and deadly. But the strike also set a
national example for the ability of working Americans to change
the existing system in favor of more just practices for
protecting workers rights and safety.
(4) The Pullman community was the site of the famous 1894
Pullman labor strike. Following the deaths of a number of
workers at the hands of the U.S. military and U.S. Marshals
during that strike, the United States Congress unanimously
voted to approve rush legislation that created a national Labor
Day holiday. President Grover Cleveland signed it into law a
mere six days after the end of the strike.
(5) The Pullman Car Company also played an important role
in African-American and early Civil Rights history through the
legacy of the Pullman Porters. Many of the Pullman Porters were
ex-slaves who were employed in a heavily discriminatory
environment immediately following the Civil War. These men, who
served diligently between the 1870s and the 1960s, have been
commended for their level of service and attention to detail,
as well as their contributions to the development of the Black
middle class. The information, ideas, and commerce they carried
across the country (while traveling on trains) helped to bring
education and wealth to Black communities everywhere. Their
positive role in the historical image of the first-class
service that was made available on Pullman cars is
unmistakable.
(6) Pullman was the seminal home to the Brotherhood of
Sleeping Car Porters, the first African-American labor union
with a collective bargaining agreement, founded by civil rights
pioneer A. Philip Randolph in 1925. This union fought against
discrimination and in support of just labor practices, and
helped lay the groundwork for what became the great Civil
Rights Movement of the 20th century.
(7) The Pullman community is a paramount illustration of
the work of architect Solon Spencer Beman and a well-preserved
example of 19th century community planning, architecture, and
landscape design. The community is comprised of a number of
historic structures, including the Administration (Clock-tower)
Building, Hotel Florence, Greenstone Church, Market Square, and
hundreds of units of row houses built for Pullman workers.
(8) The preservation of Pullman has been threatened by
plans for demolition in 1960 and by a fire in 1998, which
damaged the iconic clock-tower and the rear erecting shops. The
restoration and preservation led by the diligent efforts of
community organizations, foundations, non-profits, residents,
and the local and State government were vital to the protection
of the site.
(9) Due to the Pullman's historic and architectural
significance, the site is designated as--
(A) a registered National Historic Landmark
District;
(B) an Illinois State Landmark; and
(C) a City of Chicago Landmark District.
(10) The preservation, enhancement, economic, and tourism
potential and management of the Pullman National Historical
Park's important historical and architectural resources
requires cooperation and partnerships from among local property
owners, local, State, and Federal Government entities, the
private and non-profit sectors, and more than 100 civic
organizations who have expressed support for community
preservation through the creation of Pullman National
Historical Park.
SEC. 3. ESTABLISHMENT OF PULLMAN NATIONAL HISTORICAL PARK.
(a) Establishment and Purpose.--There is hereby established Pullman
National Historical Park in the State of Illinois for the purposes of--
(1) preserving and interpreting for the benefit of future
generations the significant labor, industrial and social
history; the significant civil rights history; and the
significant architectural structures in Pullman National
Historical Park;
(2) preserving and interpreting for the benefit of future
generations the role of Pullman in the creation of the world's
first national Labor Day holiday;
(3) coordinating preservation, protection, and
interpretation efforts by Federal, State, or local governmental
entities, and/or private and nonprofit organizations; and
(4) coordinating appropriate management options needed to
ensure the protection, preservation, and interpretation of the
many significant aspects of the site.
(b) Boundaries.--The boundaries of Pullman National Historical Park
should reflect and not exceed the boundaries of the Pullman Historic
District in Chicago, which is between 103rd Street on the north, 115th
Street on the south, Cottage Grove Avenue on the west, and the Norfolk
& Western Rail Line on the east. The area encompasses about 300 acres.
The National Park Service would initially own only the Pullman Factory
Complex, including the Administration/Clock Tower Building and rear
erecting shops and the approximately 13 acres of land on which the
structures sit, which would be conveyed to the National Park Service by
the State of Illinois. All future land, buildings, and assets could be
transferred to the Federal Government by donation, transfer, or
exchange only.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary of the Interior shall administer
Pullman National Historical Park in accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
Additionally, nothing in this law modifies any authority of the United
States to carry out Federal laws on Federal land located within the
Park.
(b) Cooperative Agreements.--The Secretary may also enter into
cooperative agreements with the State or other public and non-public
parties, under which the Secretary may identify, interpret, and provide
assistance for the preservation of non-Federal properties within the
Park (and at sites in close proximity to the Park but outside
boundaries), including providing for placement of directional and
interpretive signage, exhibits, and technology-based interpretive
devices.
(c) Land and Property Acquisition.--All land, buildings,
structures, or interests in land owned by the State or any other
political, private, or non-profit entity may be acquired by the Federal
Government by donation, transfer, exchange, or purchase from a willing
seller.
(d) Management Plan.--Not later than 3 fiscal years after the date
on which funds are first made available to carry out this Act, the
Secretary, in consultation with the State, shall complete a general
management plan for the Park in accordance with--
(1) section 12(b) of the National Park System General
Authorities Act (16 U.S.C. 1a-7(b)); and
(2) any other applicable laws. | Pullman National Historical Park Act - Establishes the Pullman National Historical Park in Illinois as a unit of the National Park System to: (1) preserve and interpret for the benefit of future generations the significant labor, industrial, civil rights, and social history of the Park, the significant architectural structures in the Park, and the role of the Pullman community in the creation of the first national Labor Day holiday in the world; (2) coordinate preservation, protection, and interpretation efforts of the Park by the federal government, the state of Illinois, units of local government, and private and nonprofit organizations; and (3) coordinate appropriate management options necessary to ensure the protection, preservation, and interpretation of the many significant aspects of the Park. Requires the Secretary of the Interior to complete a general management plan for the Park. | {"src": "billsum_train", "title": "Pullman National Historical Park Act"} | 1,745 | 165 | 0.454948 | 1.42249 | 0.979172 | 3.603774 | 10.459119 | 0.962264 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chinese Human Rights Act of 1995''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Political prisoner.--The term ``political prisoner''
means an individual citizen of the People's Republic of China
who for political thoughts and/or actions in opposition to the
Chinese Government has been imprisoned.
(2) Thought control.--The term ``thought control'' means
intensive, forcible indoctrination aimed at replacing a
person's basic convictions with an alternative set of beliefs.
(3) Political reprisal.--The term ``political reprisal''
means retaliation for political injuries, real or imagined.
(4) Forced abortion.--The term ``forced abortion''
describes the act of coercing a female against her will, by
threat of bodily damage, death, or imprisonment, to undergo a
surgical procedure for the purpose of inducing termination of
pregnancy and expulsion of an embryo or fetus.
(5) Forced sterilization.--The term ``forced
sterilization'' describes the act of coercing a male or female
against their will, by threat of bodily damage, death, or
imprisonment, to undergo a surgical procedure for the purpose
of causing them to be unable to produce offspring.
(6) Cannibalism.--The term ``cannibalism'' means the
consumption of a human embryo or fetus by another human.
SEC. 3. FINDINGS AND PURPOSE.
(a) Congress finds--
(1) that, on October 8, 1984, the People's Republic of
China promulgated an internal document detailing the conditions
and measures for removing, for purposes of human transplant,
the organs of prisoners executed by the Chinese Government;
(2) that, pursuant to the document, China has, in some
cases, scheduled the execution of political dissidents on the
basis of the need for the internal organs of those political
dissidents;
(3) that, in China, prisoners are routinely executed
because of their opposition to the policies of their communist
government or because of their unwillingness to submit to forms
of thought control imposed by reeducation camps operated by the
Chinese Government;
(4) that, because of fear of the government, relatives of
executed dissidents are reluctant to claim the bodies of their
kin, for fear of political reprisal;
(5) that China's birth control policy routinely results in
forced abortion, forced sterilization, infanticide, and even
cannibalism; and
(6) that, by its actions, China has separated itself from
the community of civilized nations.
(b) Purpose.--It is the purpose of this Act to use the economic
power of the United States to lessen the brutality imposed by the
Chinese Government against its people, and for other purposes.
SEC. 4. MOST FAVORED NATION STATUS.
Notwithstanding anything in section 402 of Public Law 83-618, as
amended, to the contrary, any waiver by the President of subsections
(a) and (b) of section 2432 of title 19, United States Code, with
respect to the People's Republic of China is null and void. The
People's Republic of China shall not be granted nondiscriminatory
treatment (most-favored-nation treatment) until Congress shall by
statute provide.
SEC. 5. TRADING WITH THE ENEMY ACT.
Section 2 of title 50 Appendix, United States Code, is amended by
adding after ``enemy,'' the first time it appears the following new
subsection:
``(d) For purposes of products possessing a military application,
for a period beginning on the date of enactment of the Chinese Human
Rights Act of 1995, to the date on which Congress, by joint resolution,
determines that the People's Republic of China does not engage in any
significant violation of human rights and poses no significant threat
to the United States, the government of the People's Republic of
China.''.
SEC. 6. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL
MEASURES.
Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(42)) is amended by adding at the end the following: ``For
purposes of determinations under this Act, a person who has been forced
to abort a pregnancy or to undergo involuntary sterilization, or who
has been persecuted for failure or refusal to undergo such a procedure
or for other resistance to a coercive population control program, shall
be deemed to have been persecuted on account of political opinion, and
a person who has a well founded fear that he or she will be forced to
undergo such a procedure or subjected to persecution for such failure,
refusal, or resistance shall be deemed to have a well founded fear of
persecution on account of political opinion.''.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect immediately upon enactment. | Chinese Human Rights Act of 1995 - Declares null and void any waiver by the President of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for China under the Trade Act of 1974. Denies most-favored-nation treatment to China until the Congress provides so by statute.
Amends the Trading with the Enemy Act to define China as an enemy for purposes of the export of military products to such country until the Congress, by joint resolution, determines that China does not engage in any significant violation of human rights and poses no significant threat to the United States.
Amends the Immigration and Nationality Act to provide that a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure, shall be deemed to have been persecuted on account of political opinion and entitled to political refugee status under such Act. | {"src": "billsum_train", "title": "Chinese Human Rights Act of 1995"} | 1,160 | 219 | 0.469151 | 1.462318 | 0.649624 | 5.346369 | 5.513966 | 0.910615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Back to Work Act of 2017''.
SEC. 2. EXTENSION AND IMPROVEMENT OF WORK OPPORTUNITY TAX CREDIT FOR
VETERANS.
(a) Credit Made Permanent for Veterans.--Section 51(c)(4) of the
Internal Revenue Code of 1986 is amended by inserting ``(other than a
qualified veteran)'' after ``an individual''.
(b) Election To Claim Credit as Exemption From Employment Taxes.--
(1) In general.--Section 3111 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(g) Special Exemption for Certain Veterans.--
``(1) In general.--Subsection (a) shall not apply to first-
year wages paid after the date of the enactment of this
subsection by a qualified employer with respect to employment
of any specified veteran for services performed--
``(A) in a trade or business of such qualified
employer, or
``(B) in the case of a qualified employer exempt
from tax under section 501(a), in furtherance of the
activities related to the purpose or function
constituting the basis of the employer's exemption
under section 501.
``(2) Limitation.--With respect to any specified veteran
employed by a qualified employer, the amount of wages to which
paragraph (1) applies shall not exceed--
``(A) $125,490 in the case of an individual who is
a qualified veteran by reason of section
51(d)(3)(A)(ii)(II),
``(B) $73,203 in the case of an individual who is a
qualified veteran by reason of section 51(d)(3)(A)(iv),
``(C) $62,745 in the case of an individual who is a
qualified veteran by reason of section
51(d)(3)(A)(ii)(I), and
``(D) $31,373 in the case of any other qualified
veteran.
``(3) Qualified employer.--For purposes of this
subsection--
``(A) In general.--The term `qualified employer'
means any employer other than the United States, any
State, or any political subdivision thereof, or any
instrumentality of the foregoing.
``(B) Treatment of employees of post-secondary
educational institutions.--Notwithstanding subparagraph
(A), the term `qualified employer' includes any
employer which is a public institution of higher
education (as defined in section 101(b) of the Higher
Education Act of 1965).
``(4) Specified veteran.--For purposes of this subsection--
``(A) In general.--The term `specified veteran'
means any individual who--
``(i) begins employment with a qualified
employer after the date of the enactment of
this subsection,
``(ii) certifies by signed affidavit, under
penalties of perjury, that such individual is a
qualified veteran and whether such individual
is a qualified veteran described in
subparagraph (A), (B), or (C) of paragraph (2),
``(iii) is not employed by the qualified
employer to replace another employee of such
employer unless such other employee separated
from employment voluntarily or for cause, and
``(iv) is not an individual described in
section 51(i)(1) (applied by substituting
`qualified employer' for `taxpayer' each place
it appears).
``(B) Qualified veteran.--The term `qualified
veteran' has the meaning given such term by section
51(d)(3), but applied without regard to whether such
individual has been certified by the designated local
agency.
``(5) First-year wages.--For purposes of this subsection,
the term `first-year wages' means, with respect to any
individual, wages for services rendered during the 1-year
period beginning with the day the individual begins work for
the employer.
``(6) Coordination with credit for employment of qualified
veterans by qualified tax-exempt organizations.--This
subsection shall not apply with respect to the first-year wages
of any individual if such wages are taken into account in
determining the credit allowed under subsection (e).
``(7) Election.--A qualified employer may elect to have
this subsection not apply with respect to the first-year wages
of any individual. Such election shall be made in such manner
as the Secretary may require.''.
(2) Coordination with work opportunity credit.--Section
51(c) of such Code is amended by adding at the end the
following new paragraph:
``(6) Coordination with payroll tax exemption for qualified
veterans.--The credit determined under this section with
respect to any qualified veteran for any taxable year shall be
reduced by an amount equal to 7.65 percent of the qualified
first-year wages paid or incurred by the taxpayer to such
veteran during such taxable year to which section 3111(g) or
3221(d) applied.''.
(3) Coordination with credit for employment of qualified
veterans by qualified tax-exempt organizations.--Section
3111(e) of such Code is amended by adding at the end the
following new paragraph:
``(6) Election.--
``(A) In general.--A qualified tax-exempt
organization may elect to determine the credit allowed
under this section without regard to the qualified
first-year wages of any individual.
``(B) Coordination with exemption for first-year
wages of specified veterans.--For exemption for first-
year wages of specified veterans to which this
subsection does not apply, see subsection (f).''.
(4) Transfers to federal old-age and survivors insurance
trust fund.--There are hereby appropriated to the Federal Old-
Age and Survivors Trust Fund and the Federal Disability
Insurance Trust Fund established under section 201 of the
Social Security Act (42 U.S.C. 401) amounts equal to the
reduction in revenues to the Treasury by reason of the
amendments made by paragraph (1). Amounts appropriated by the
preceding sentence shall be transferred from the general fund
at such times and in such manner as to replicate to the extent
possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
(5) Application to railroad retirement taxes.--
(A) In general.--Section 3221 of the Internal
Revenue Code of 1986 is amended by redesignating
subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
``(d) Special Exemption for Certain Veterans.--
``(1) In general.--In the case of first-year compensation
paid by a qualified employer after the date of the enactment of
this subsection with respect to having a specified veteran in
the employer's employ for services rendered to such qualified
employer, the applicable percentage under subsection (a) shall
be equal to the rate of tax in effect under section 3111(b) for
the calendar year.
``(2) Limitation.--With respect to any specified veteran
employed by a qualified employer, the amount of compensation to
which paragraph (1) applies shall not exceed--
``(A) $125,490 in the case of an individual who is
a qualified veteran by reason of section
51(d)(3)(A)(ii)(II),
``(B) $73,203 in the case of an individual who is a
qualified veteran by reason of section 51(d)(3)(A)(iv),
``(C) $62,745 in the case of an individual who is a
qualified veteran by reason of section
51(d)(3)(A)(ii)(I), and
``(D) $31,373 in the case of any other qualified
veteran.
``(3) Qualified employer.--The term `qualified employer'
means any employer other than the United States, any State, or
any political subdivision thereof, or any instrumentality of
the foregoing.
``(4) Specified veteran.--For purposes of this subsection--
``(A) In general.--The term `specified veteran'
means any individual who--
``(i) begins employment with a qualified
employer after the date of the enactment of
this subsection,
``(ii) certifies by signed affidavit, under
penalties of perjury, that such individual is a
qualified veteran and whether such individual
is a qualified veteran described in
subparagraph (A), (B), or (C) of paragraph (2),
``(iii) is not employed by the qualified
employer to replace another employee of such
employer unless such other employee separated
from employment voluntarily or for cause, and
``(iv) is not an individual described in
section 51(i)(1) (applied by substituting
`qualified employer' for `taxpayer' each place
it appears).
``(B) Qualified veteran.--The term `qualified
veteran' has the meaning given such term by section
51(d)(3), but applied without regard to whether such
individual has been certified by the designated local
agency.
``(5) First-year compensation.--For purposes of this
subsection, the term `first-year compensation' means, with
respect to any individual, compensation for services rendered
during the 1-year period beginning with the day the individual
begins work for the employer.
``(6) Election.--A qualified employer may elect to have
this subsection not apply. Such election shall be made in such
manner as the Secretary may require.''.
(B) Transfers to social security equivalent benefit
account.--There are hereby appropriated to the Social
Security Equivalent Benefit Account established under
section 15A(a) of the Railroad Retirement Act of 1974
(45 U.S.C. 231n-1(a)) amounts equal to the reduction in
revenues to the Treasury by reason of the amendments
made by subparagraph (A). Amounts appropriated by the
preceding sentence shall be transferred from the
general fund at such times and in such manner as to
replicate to the extent possible the transfers which
would have occurred to such Account had such amendments
not been enacted.
(c) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall apply to individuals who begin work for the employer
after December 31, 2016.
(2) Exemption from employment taxes.--The amendments made
by subsection (b) shall apply to amounts paid after the date of
the enactment of this Act. | Veterans Back to Work Act of 2017 This bill amends the Internal Revenue Code to: (1) make permanent the work opportunity tax credit for hiring qualified veterans (veterans receiving compensation for a service-connected disability and other federal assistance), and (2) allow employers who hire qualified veterans to elect to claim the tax credit as an exemption from employment and railroad retirement taxes for such veterans' first-year wages, subject to specified limitations. The bill appropriates amounts to the Social Security trust funds and the Social Security Equivalent Benefit Account to cover any revenue loss to such funds resulting from this bill. | {"src": "billsum_train", "title": "Veterans Back to Work Act of 2017"} | 2,323 | 119 | 0.530076 | 1.26664 | 0.537519 | 2 | 17.516949 | 0.79661 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Choice of Representation
Act of 2006''.
SEC. 2. ATTORNEY REPRESENTATION IN VETERANS BENEFITS CLAIMS CASES
BEFORE THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Qualifications and Standards of Conduct for Individuals
Recognized as Agents or Attorneys.--
(1) Additional qualifications and standards for agents and
attorneys generally.--Subsection (a) of section 5904 of title
38, United States Code, is amended--
(A) by inserting ``(1)'' after ``(a)'';
(B) by striking the second sentence; and
(C) by adding at the end the following new
paragraphs:
``(2) The Secretary may prescribe in regulations qualifications and
standards of conduct for individuals recognized under this section,
including the following:
``(A) A requirement that, before being recognized, an
individual--
``(i) show that such individual is of good moral
character and in good repute, is qualified to render
claimants valuable service, and is otherwise competent
to assist claimants in presenting claims; and
``(ii) has such level of experience and specialized
training as the Secretary shall specify.
``(B) A requirement that the individual follow such
standards of conduct as the Secretary shall specify.
``(3) The Secretary may prescribe in regulations restrictions on
the amount of fees that an agent or attorney may charge a claimant for
services rendered in the preparation, presentation, and prosecution of
a claim before the Department.''.
(2) Applicability to representatives of veterans service
organizations.--Section 5902(b) of such title is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``(b)''; and
(C) by adding at the end the following new
paragraph:
``(2) An individual recognized under this section shall be subject
to suspension under section 5904(b) of this title on the same basis as
an individual recognized under section 5904(a) of this title.''.
(3) Applicability to individuals recognized for particular
claims.--Section 5903 of such title is amended--
(A) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(B) by adding at the end the following new
subsection:
``(b) Suspension.--An individual recognized under this section
shall be subject to suspension under section 5904(b) of this title on
the same basis as an individual recognized under section 5904(a) of
this title.''.
(b) Additional Bases for Suspension of Individuals.--Subsection (b)
of section 5904 of such title is amended--
(1) by inserting ``and sections 5902 and 5903 of this
title'' after ``under this section'';
(2) in paragraph (4), by striking ``or'' at the end;
(3) in paragraph (5), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following new paragraphs:
``(6) has failed to conduct himself or herself with due
regard for the non-adversarial nature of any proceeding before
the Department;
``(7) has presented frivolous claims, issues, or arguments
to the Department; or
``(8) has failed to comply with any other condition
specified by the Secretary in regulations prescribed by the
Secretary for purposes of this subsection.''.
(c) Repeal of Limitation on Hiring Agents or Attorneys.--Subsection
(c) of section 5904 of such title is amended by striking paragraph (1).
(d) Modification of Requirements to File Attorney Fee Agreements.--
Such subsection is further amended--
(1) by redesignating paragraph (2) as paragraph (1); and
(2) in that paragraph, as so redesignated--
(A) by striking ``in a case referred to in
paragraph (1) of this subsection'';
(B) by striking ``after the Board first makes a
final decision in the case'';
(C) by striking ``with the Board at such time as
may be specified by the Board'' and inserting ``with
the Secretary pursuant to regulations prescribed by the
Secretary''; and
(D) by striking the second and third sentences.
(e) Attorney Fees.--Such subsection is further amended by inserting
after paragraph (1), as redesignated by subsection (d)(1) of this
section, the following new paragraph (2):
``(2)(A) The Secretary, upon the Secretary's own motion or at the
request of the claimant, may review a fee agreement filed pursuant to
paragraph (1) and may order a reduction in the fee called for in the
agreement if the Secretary finds that the fee is excessive or
unreasonable.
``(B) A finding or order of the Secretary under subparagraph (A)
may be reviewed by the Board of Veterans' Appeals under section 7104 of
this title.''.
(f) Repeal of Penalty for Certain Acts.--Section 5905 of such title
is amended by striking ``(1)'' and all that follows through ``(2)''.
(g) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect six months after the date of the enactment of this
Act.
(2) Regulations.--The Secretary shall prescribe the
regulations, if any, to be prescribed under the amendments made
by subsection (a) not later than the date specified in
paragraph (1).
(3) Claims.--The amendments made by subsections (b), (c),
(d), and (e) shall apply to claims submitted on or after the
date specified in paragraph (1). | Veterans' Choice of Representation Act of 2006 - Authorizes the Secretary of Veterans Affairs to prescribe: (1) qualifications and standards of conduct for agents and attorneys acting on behalf of veterans in claim proceedings before the Department of Veterans Affairs; and (2) restrictions on fees collected for such services.
Adds to the list of reasons for which agents and attorneys may be suspended, including: (1) failure to conduct themselves with due regard for the non-adversarial nature of any proceeding; and (2) presenting frivolous claims, issues, or arguments.
Repeals the current time period limitation for the hiring or paying of an agent or attorney. Revises the time period during which attorney fee agreements may be filed with the Board of Veterans' Appeals. Allows the Secretary to review such an agreement, and order a fee reduction if the Secretary finds the fee excessive or unreasonable. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to remove certain limitations on attorney representation of claimants for veterans benefits in administrative proceedings before the Department of Veterans Affairs, and for other purposes."} | 1,311 | 182 | 0.528916 | 1.534199 | 0.795016 | 2.847059 | 7.141176 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cardiomyopathy Health Education,
Awareness, Risk Assessment, and Training in the Schools (HEARTS) Act of
2015''.
SEC. 2. MATERIALS AND RESOURCES TO INCREASE EDUCATION AND AWARENESS OF
CARDIOMYOPATHY AMONG SCHOOL ADMINISTRATORS, EDUCATORS,
AND FAMILIES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following new
section:
``SEC. 399V-6. MATERIALS AND RESOURCES TO INCREASE EDUCATION AND
AWARENESS OF CARDIOMYOPATHY AMONG SCHOOL ADMINISTRATORS,
EDUCATORS, AND FAMILIES.
``(a) Materials and Resources.--Not later than 18 months after the
date of the enactment of this section, the Secretary, in conjunction
with the Director of the Centers for Disease Control and Prevention (in
this section referred to as the `Director') and in consultation with
national patient advocacy and health professional organizations expert
in all forms of cardiomyopathy, shall develop public education and
awareness materials and resources to be disseminated to school
administrators, educators, school health professionals, coaches,
families, and other appropriate individuals. The materials and
resources shall include--
``(1) background information to increase education and
awareness of cardiomyopathy among school administrators,
educators, and families;
``(2) a cardiomyopathy risk assessment worksheet for use by
parents, guardians, or other caregivers;
``(3) guidelines regarding the placement of automated
external defibrillators in schools and child care centers;
``(4) training information on automated external
defibrillators and cardiopulmonary resuscitation; and
``(5) recommendations for how schools and child care
centers can develop and implement a cardiac emergency response
plan.
``(b) Development of Materials and Resources.--The Secretary,
through the Director, shall develop and update as necessary and
appropriate the materials and resources under subsection (a) and, in
support of such effort, the Secretary is encouraged to--
``(1) establish an advisory panel composed of--
``(A) representatives from multiple national
patient advocacy organizations and medical
professionals expert in all forms of cardiomyopathy;
``(B) a representative from the Centers for Disease
Control and Prevention; and
``(C) representatives from other relevant Federal
agencies; and
``(2) engage in a memorandum of understanding or
cooperative agreement with a national nonprofit advocacy
organization expert in all forms of cardiomyopathy.
``(c) Dissemination of Materials and Resources.--Not later than 30
months after the date of the enactment of this section, the Secretary,
through the Director, shall disseminate the materials and resources
under subsection (a) in accordance with the following:
``(1) Distribution by state education agencies.--The
Secretary shall make available such materials and resources to
State educational agencies to distribute--
``(A) to school administrators, educators, school
health professionals, coaches and parents, guardians,
or other caregivers, the cardiomyopathy education and
awareness materials and resources under subsection (a);
``(B) to parents, guardians, or other caregivers,
the cardiomyopathy risk assessment worksheet described
in subsection (a)(2); and
``(C) to school administrators and school health
professionals, the--
``(i) guidelines described in subsection
(a)(3);
``(ii) training information described in
subsection (a)(4); and
``(iii) recommendations described in
subsection (a)(5).
``(2) Dissemination to health departments and
professionals.--The Secretary shall make available such
materials and resources to State and local health departments,
pediatricians, hospitals, and other health professionals, such
as nurses and first responders.
``(3) Posting on website.--
``(A) CDC.--
``(i) In general.--The Secretary, through
the Director, shall post the materials and
resources developed under subsection (a) on the
public Internet website of the Centers for
Disease Control and Prevention.
``(ii) Additional information.--The
Director is encouraged to maintain on such
public Internet website such additional
information regarding cardiomyopathy as deemed
appropriate by the Director.
``(B) State education agencies.--State educational
agencies are encouraged to create public Internet
webpages dedicated to cardiomyopathy and post the
materials and resources developed under subsection (a)
on such webpages.
``(d) Report to Congress.--Not later than 1 year after the date of
the enactment of this section, and annually thereafter, the Secretary
shall submit to Congress a report identifying the steps taken to
increase public education and awareness of cardiomyopathy as outlined
under this section.
``(e) Definitions.--For purposes of this section:
``(1) Cardiomyopathy.--The term `cardiomyopathy' means a
rare heart condition, which is a disease of the heart muscle
(myocardium)--
``(A) the symptoms of which may vary from case to
case, including--
``(i) in some cases, the presentation of no
symptoms (asymptomatic); and
``(ii) in many cases, the symptoms of a
progressive condition that may result in an
impaired ability of the heart to pump blood,
fatigue, irregular heart-beats (arrhythmia),
and, potentially, sudden cardiac death or heart
failure; and
``(B) the recognized types of which include
dilated, hypertrophic, restrictive, arrhythmogenic
right ventricular dysplasia, and left ventricular
noncompaction.
``(2) School administrators.--The term `school
administrator' means a principal, director, manager, or other
supervisor or leader within an elementary school or secondary
school (as such terms are defined under section 9101 of the
Elementary and Secondary Education Act of 1965), State-based
early education program, or child care center.
``(3) Schools.--The term `school' means an early education
program, child care center, or elementary school or secondary
school (as such terms are so defined).
``(4) National nonprofit advocacy organizations expert in
all forms of cardiomyopathy.--The term `national nonprofit
advocacy organizations expert in all forms of cardiomyopathy'
means organizations that provide support services to families
or fund research, and work to increase public awareness and
education regarding all types of cardiomyopathy.
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $1,000,000 for fiscal year
2016, $750,000 for fiscal year 2017, and $500,000 for each of fiscal
years 2018 through 2020.''. | Cardiomyopathy Health Education, Awareness, Risk Assessment, and Training in the Schools (HEARTS) Act of 2015 This bill amends the Public Health Service Act to direct the Department of Health and Human Services (HHS), in conjunction with the Centers for Disease Control and Prevention (CDC), to develop, publish, and disseminate to school personnel, state and local health departments, health professionals, and others public education and awareness materials and resources that include: (1) background information to increase education and awareness of cardiomyopathy (a disease of the heart muscle) among school administrators, educators, and families; (2) a cardiomyopathy risk assessment worksheet for use by parents, guardians, or other caregivers; (3) guidelines regarding the placement of automated external defibrillators in schools and child care centers; (4) training information on defibrillators and cardiopulmonary resuscitation (commonly known as "CPR"); and (5) recommendations for how schools and child care centers can develop and implement a cardiac emergency response plan. The CDC must update these materials and resources as necessary and, in support of such effort, HHS is encouraged to establish an advisory panel and engage in a memorandum of understanding or cooperative agreement with a national nonprofit advocacy organization with expertise in cardiomyopathy. | {"src": "billsum_train", "title": "Cardiomyopathy Health Education, Awareness, Risk Assessment, and Training in the Schools (HEARTS) Act of 2015"} | 1,512 | 282 | 0.76113 | 2.388976 | 1.015936 | 5.618257 | 5.609959 | 0.912863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrogen Future Act of 1996''.
SEC. 2. DEFINITIONS.
For purposes of titles II and III--
(1) the term ``Department'' means the Department of Energy; and
(2) the term ``Secretary'' means the Secretary of Energy.
TITLE I--HYDROGEN
SEC. 101. PURPOSES AND DEFINITIONS.
(a) Section 102(b)(1) of Public Law 101-566 (42 U.S.C. 12401(b)(1))
is amended to read as follows:
``(1) to direct the Secretary of Energy to conduct a research,
development, and demonstration program leading to the production,
storage, transport, and use of hydrogen for industrial, residential,
transportation, and utility applications;''.
(b) Section 102(c) of Public Law 101-566 (42 U.S.C. 12401(c)) is
amended--
(1) in subsection (1) by striking ``; and'' inserting ``;'';
(2) by redesignating subsection (2) as subsection (3); and
(3) by inserting before subsection (3) (as redesignated) the
following new subsection:
``(2) `Department' means the Department of Energy; and''.
SEC. 102. REPORTS TO CONGRESS.
(a) Section 103 of Public Law 101-566 (42 U.S.C. 12402) is amended
to read as follows:
``Sec. 103. Report to Congress
``(a) Not later than January 1, 1999, the Secretary shall transmit
to Congress a detailed report on the status and progress of the
programs authorized under this Act.
``(b) A report under subsection (a) shall include, in addition to
any views and recommendations of the Secretary--
``(1) an analysis of the effectiveness of the programs
authorized under this chapter, to be prepared and submitted to the
Secretary by the Hydrogen Technical Advisory Panel established
under section 108 of this Act; and
``(2) recommendations of the Hydrogen Technical Advisory Panel
for any improvements in the program that are needed, including
recommendations for additional legislation.''.
(b) Section 108(d) of Public Law 101-566 (42 U.S.C. 12407(d)) is
amended--
(1) by adding ``and'' at the end of paragraph (1);
(2) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(3) by striking paragraph (3).
SEC. 103. HYDROGEN RESEARCH AND DEVELOPMENT.
(a) Section 104 of Public Law 101-566 (42 U.S.C. 12403) is amended
to read as follows:
``Sec. 104. Hydrogen research and development
``(a) The Secretary shall conduct a hydrogen research and
development program relating to production, storage, transportation,
and use of hydrogen, with the goal of enabling the private sector to
demonstrate the technical feasibility of using hydrogen for industrial,
residential, transportation, and utility applications.
``(b) In conducting the program authorized by this section, the
Secretary shall--
``(1) give particular attention to developing an understanding
and resolution of critical technical issues preventing the
introduction of hydrogen into the marketplace;
``(2) initiate or accelerate existing research in critical
technical issues that will contribute to the development of more
economic hydrogen production and use, including, but not limited
to, critical technical issues with respect to production (giving
priority to those production techniques that use renewable energy
resources as their primary source of energy for hydrogen
production), liquefaction, transmission, distribution, storage, and
use (including use of hydrogen in surface transportation); and
``(3) survey private sector hydrogen activities and take steps
to ensure that research and development activities under this
section do not displace or compete with the privately funded
hydrogen research and development activities of United States
industry.
``(c) The Secretary is authorized to evaluate any reasonable new or
improved technology, including basic research on highly innovative
energy technologies, that could lead or contribute to the development
of economic hydrogen production, storage, and utilization.
``(d) The Secretary is authorized to evaluate any reasonable new or
improved technology that could lead or contribute to, or demonstrate
the use of, advanced renewable energy systems or hybrid systems for use
in isolated communities that currently import diesel fuel as the
primary fuel for electric power production.
``(e) The Secretary is authorized to arrange for tests and
demonstrations and to disseminate to researchers and developers
information, data, and other materials necessary to support the
research and development activities authorized under this section and
other efforts authorized under this chapter, consistent with section
106 of this Act.
``(f) The Secretary shall carry out the research and development
activities authorized under this section only through the funding of
research and development proposals submitted by interested persons
according to such procedures as the Secretary may require and evaluate
on a competitive basis using peer review. Suchfunding shall be in the
form of a grant agreement, procurement contract, or cooperative
agreement (as those terms are used in chapter 63 of title 31, United
States Code).
``(g) The Secretary shall not consider a proposal submitted by a
person from industry unless the proposal contains a certification that
reasonable efforts to obtain non-Federal funding for the entire cost of
the project have been made, and that such non-Federal funding could not
be reasonably obtained. As appropriate, the Secretary shall require a
commitment from non-Federal sources of at least 50 percent of the cost
of the development portion of such a proposal.
``(h) The Secretary shall not carry out any activities under this
section that unnecessarily duplicate activities carried out elsewhere
by the Federal Government or industry.
``(i) The Secretary shall establish, after consultation with other
Federal agencies, terms and conditions under which Federal funding will
be provided under this chapter that are consistent with the Agreement
on Subsidies and Countervailing Measures referred to in section
101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C.
3511(d)(12)).''.
(b)(1) Section 2026(a) of the Energy Policy Act of 1992 (42 U.S.C.
13436(a)) is amended by striking ``, in accordance with sections 3001
and 3002 of this Act,''.
(2) Effective October 1, 1998, section 2026 of the Energy Policy
Act of 1992 (42 U.S.C. 13436) is repealed.
SEC. 104. DEMONSTRATIONS.
Section 105 of Public Law 101-566 (42 U.S.C. 12404) is amended by
adding at the end the following new subsection:
``(c) The Secretary shall require a commitment from non-Federal
sources of at least 50 percent of the cost of any demonstration
conducted under this section.''.
SEC. 105. TECHNOLOGY TRANSFER.
Section 106(b) of Public Law 101-566 (42 U.S.C. 12405(b)) is
amended by adding to the end of the subsection the following:
``The Secretary shall also foster the exchange of generic,
nonproprietary information and technology, developed pursuant to this
chapter, among industry, academia, and the Federal Government, to help
the United States economy attain the economic benefits of this
information and technology.''.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
Section 109 of Public Law 101-566 (42 U.S.C. 12408) is amended--
(1) by striking ``to other Acts'' and inserting ``under other
Acts'';
(2) by striking ``and'' from the end of paragraph (2);
(3) by striking the period from the end of paragraph (3) and
inserting ``;''; and
(4) by adding at the end of the section the following:
``(4) $14,500,000 for fiscal year 1996;
``(5) $20,000,000 for fiscal year 1997;
``(6) $25,000,000 for fiscal year 1998;
``(7) $30,000,000 for fiscal year 1999;
``(8) $35,000,000 for fiscal year 2000; and
``(9) $40,000,000 for fiscal year 2001.''.
TITLE II--FUEL CELLS
SEC. 201. INTEGRATION OF FUEL CELLS WITH HYDROGEN PRODUCTION SYSTEMS.
(a) Not later than 180 days after the date of enactment of this
section, and subject to the availability of appropriations made
specifically for this section, the Secretary of Energy shall solicit
proposals for projects to prove the feasibility of integrating fuel
cells with--
(1) photovoltaic systems for hydrogen production; or
(2) systems for hydrogen production from solid waste via
gasification or steam reforming.
(b) Each proposal submitted in response to the solicitation under
this section shall be evaluated on a competitive gas is using peer
review. The Secretary is not required to make an award under this
section in the absence of a meritoriousproposals.
(c) The Secretary shall give preference, in making an award under
this section, to proposals that--
(1) are submitted jointly from consortia including academic
institutions, industry, State or local governments, and Federal
laboratories; and
(2) reflect proven experience and capability with technologies
relevant to the systems described in subsections (a)(1) and (a)(2).
(d) In the case of a proposal involving development or
demonstration, the Secretary shall require a commitment from non-
Federal sources of at least 50 percent of the cost of the development
or demonstration portion of the proposal.
(e) The Secretary shall establish, after consultation with other
Federal agencies, terms and conditions under which Federal funding will
be provided under this title that are consistent with the Agreement on
Subsidies and Countervailing Measures referred to in section 101(d)(12)
of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)).
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated, for activities under this
section, a total of $50,000,000 for fiscal years 1997 and 1998, to
remain available until September 30, 1999.
TITLE III--DOE SCIENTIFIC AND TECHNICAL PROGRAM QUALITY
SEC. 301. TEMPORARY APPOINTMENTS FOR SCIENTIFIC AND TECHNICAL EXPERTS
IN DEPARTMENT OF ENERGY RESEARCH AND DEVELOPMENT
PROGRAMS.
(a) The Secretary, utilizing authority under other applicable law
and the authority of this section, may appoint for a limited term, or
on a temporary basis, scientists, engineers, and other technical and
professional personnel on leave of absence from academic, industrial,
or research institutions to work for the Department.
(b) The Department may pay, to the extent authorized for certain
other Federal employees by section 5723 of title 5, United States Code,
travel expenses for any individual appointed for a limited term or on a
temporary basis and transportation expenses of his or her immediate
family and his or her household goods and personal effects from that
individual's residence at the time of selection or assignment to his or
her duty station. The Department may pay such travel expenses to the
same extent for such an individual's return to the former place of
residence from his or her duty station, upon separation from the
Federal service following an agreed period of service. The Department
may also pay a per diem allowance at a rate not to exceed the daily
amounts prescribed under section 5702 of title 5 to such an individual,
in lieu of transportation expenses of the immediate family and
household goods and personal effects, for the period of his or her
employment with the Department. Notwithstanding any other provision of
law, the employer's contribution to any retirement, life insurance, or
health benefit plan for an individual appointed for a term of one year
or less, which could be extended for no more than one additional year,
may be made or reimbursed from appropriations available to the
Department.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Hydrogen
Title II: Fuel Cells
Title III: DOE Scientific and Technical Program Quality
Hydrogen Future Act of 1996 -
Title I: Hydrogen
- Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to replace its mandate for a comprehensive five-year program management plan for hydrogen research with a mandate that the Secretary of Energy conduct a research and development program relating to hydrogen production, storage, transportation, and use, with the goal of enabling the private sector to demonstrate the technical feasibility of using hydrogen for industrial, residential, transportation, and utility applications. Requires a detailed progress report to the Congress, including recommendations of the Hydrogen Technical Advisory Panel.
(Sec. 103) Amends the Energy Policy Act of 1992 to repeal the mandate for a renewable hydrogen energy program, effective October 1, 1998.
(Sec. 104) Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to direct the Secretary to require a commitment from non-Federal sources of at least 50 percent of demonstration costs.
(Sec. 105) Directs the Secretary to foster the exchange of generic, nonproprietary information and technology, developed pursuant to the Act, among industry, academia, and the Federal Government to help the United States economy attain the economic benefits of the relevant information and technology.
(Sec. 106) Authorizes appropriations for FY 1996 through 2001.
Title II: Fuel Cells
- Instructs the Secretary to solicit proposals for projects to prove the feasibility of integrating fuel cells with: (1) photovoltaic systems for hydrogen production; or (2) systems for hydrogen production from solid waste via gasification or steam reforming. Mandates proposal evaluation on a competitive basis using peer review. Prescribes proposal review guidelines.
(Sec. 202) Authorizes appropriations for FY 1997 and 1998, to remain available until September 30, 1999.
Title III: DOE Scientific and Technical Program Quality
- Authorizes the Secretary to appoint scientific, technical, and professional personnel on leave of absence from academic, industrial, or research institutions to work for DOE for a limited term, or on a temporary basis. Sets forth compensation guidelines. | {"src": "billsum_train", "title": "Hydrogen Future Act of 1996"} | 2,652 | 502 | 0.606325 | 1.977782 | 0.728356 | 4.321185 | 5.626424 | 0.872437 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Compliance Act''.
SEC. 2. PROHIBITING INTRACIRCUIT AGENCY NONACQUIESCENCE IN APPELLATE
PRECEDENT.
(a) In General.--Chapter 7 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 707. Adherence to court of appeals precedent
``(a) Except as provided in subsection (b), an agency (as defined
in section 701(b)(1) of this title) shall, in administering a statute,
rule, regulation, program, or policy within a judicial circuit, adhere
to the existing precedent respecting the interpretation and application
of such statute, rule, regulation, program, or policy, as established
by the decisions of the United States court of appeals for that
circuit. All officers and employees of an agency, including
administrative law judges, shall adhere to such precedent.
``(b) An agency is not precluded under subsection (a) from taking a
position, either in administration or litigation, that is at variance
with precedent established by a United States court of appeals if--
``(1) it is not certain whether the administration of the
statute, rule, regulation, program, or policy will be subject
to review by the court of appeals that established that
precedent or a court of appeals for another circuit;
``(2) the Government did not seek further review of the
case in which that precedent was first established, in that
court of appeals or the United States Supreme Court, because
neither the United States nor any agency or officer thereof was
a party to the case or because the decision establishing that
precedent was otherwise substantially favorable to the
Government; or
``(3) it is reasonable to question the continued validity
of that precedent in light of a subsequent decision of that
court of appeals or the United States Supreme Court, a
subsequent change in any pertinent statute or regulation, or
any other subsequent change in the public policy or
circumstances on which that precedent was based.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of title 5, United States Code, is amended by adding at the
end of following new item:
``707. Adherence to court of appeals precedent.''.
SEC. 3. PREVENTING UNNECESSARY AGENCY RELITIGATION IN MULTIPLE
CIRCUITS.
(a) In General.--Chapter 7 of title 5, United States Code, as
amended by section 2(a), is amended by adding at the end the following:
``Sec. 708. Supervision of litigation; limiting unnecessary
relitigation of legal issues
``(a) In supervising the conduct of litigation, the officers of any
agency of the United States authorized to conduct litigation, including
the Department of Justice acting under sections 516 and 519 of title
28, United States Code, shall ensure that the initiation, defense, and
continuation of proceedings in the courts of the United States within,
or subject to the jurisdiction of, a particular judicial circuit avoids
unnecessarily repetitive litigation on questions of law already
consistently resolved against the position of the United States, or an
agency or officer thereof, in precedents established by the United
States courts of appeals for 3 or more other judicial circuits.
``(b) Decisions on whether to initiate, defend, or continue
litigation for purposes of subsection (a) shall take into account,
among other relevant factors, the following:
``(1) The effect of intervening changes in pertinent law or
the public policy or circumstances on which the established
precedents were based.
``(2) Subsequent decisions of the United States Supreme
Court or the courts of appeals that previously decided the
relevant question of law.
``(3) The extent to which that question of law was fully
and adequately litigated in the cases in which the precedents
were established.
``(4) The need to conserve judicial and other parties'
resources.
``(c) The Attorney General shall report annually to the Committees
on the Judiciary of the Senate and the House of Representatives on the
efforts of the Department of Justice and other agencies to comply with
subsection (a).
``(d) A decision on whether to initiate, defend, or continue
litigation is not subject to review in a court, by mandamus or
otherwise, on the grounds that the decision violates subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of title 5, United States Code, as amended by section 2(b),
is amended by adding at the end of following new item:
``708. Supervision of litigation; limiting unnecessary relitigation of
legal issues.''.
Passed the House of Representatives February 25, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Federal Agency Compliance Act - Requires a Federal agency and its officers and employees, in administering a statute, rule, regulation, program, or policy (statute) within a judicial circuit, to adhere to the existing precedent respecting the interpretation and application of such statute, as established by the decisions of the U.S. court of appeals for that circuit, with exceptions. Allows an agency to take a position, either in administration or litigation, that is at variance with such precedent if: (1) it is uncertain whether the administration of the statute will be subject to review by the appeals court that established that precedent or a court of appeals for another circuit; (2) the Government did not seek further review of the case in which that precedent was first established in that appeals court or the U.S. Supreme Court because neither the United States nor any agency or officer thereof was a party to the case or because the decision establishing that precedent was otherwise substantially favorable to the Government; or (3) it is reasonable to question the continued validity of that precedent in light of a subsequent decision of that appeals court or the U.S. Supreme Court, a subsequent change in any pertinent statute or regulation, or any other subsequent change in the public policy or circumstances on which that precedent was based. Requires: (1) the officers of any Federal agency supervising the conduct of litigation to ensure that the initiation, defense, and continuation of proceedings in the U.S. courts within, or subject to the jurisdiction of, a particular judicial circuit avoids unnecessarily repetitive litigation on questions of law already consistently resolved against the U.S. position in precedents established by the U.S. courts of appeals for three or more other judicial circuits; (2) decisions on whether to initiate, defend, or continue litigation for purposes of this Act to take into account specified factors, including the effect of intervening changes in pertinent law or the public policy or circumstances on which the established precedents were based; and (3) the Attorney General to report annually to specified congressional committees on the Federal agency efforts to comply with such requirements. Specifies that a decision on whether to initiate, defend, or continue litigation is not subject to court review on the grounds that the decision violates such requirements. | {"src": "billsum_train", "title": "Federal Agency Compliance Act"} | 1,072 | 487 | 0.706238 | 2.410933 | 0.884576 | 6.274419 | 2.334884 | 0.944186 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Retained Income During
Growth and Expansion Act of 2001'' or the ``BRIDGE Act of 2001''.
SEC. 2. DEFERRED PAYMENT OF TAX BY CERTAIN SMALL BUSINESSES.
(a) In General.--Subchapter B of chapter 62 of the Internal Revenue
Code of 1986 (relating to extensions of time for payment of tax) is
amended by adding at the end the following new section:
``SEC. 6168. EXTENSION OF TIME FOR PAYMENT OF TAX FOR CERTAIN SMALL
BUSINESSES.
``(a) In General.--An eligible small business may elect to pay the
tax imposed by chapter 1 in 4 equal installments.
``(b) Limitation.--The maximum amount of tax which may be paid in
installments under this section for any taxable year shall not exceed
whichever of the following is the least:
``(1) The tax imposed by chapter 1 for the taxable year.
``(2) The amount contributed by the taxpayer into a BRIDGE
Account during such year.
``(3) The excess of $250,000 over the aggregate amount of
tax for which an election under this section was made by the
taxpayer (or any predecessor) for all prior taxable years.
``(c) Eligible Small Business.--For purposes of this section--
``(1) In general.--The term `eligible small business'
means, with respect to any taxable year, any person if--
``(A) such person meets the active business
requirements of section 1202(e) throughout such taxable
year,
``(B) the taxpayer has gross receipts of
$10,000,000 or less for the taxable year,
``(C) the gross receipts of the taxpayer for such
taxable year are at least 10 percent greater than the
average annual gross receipts of the taxpayer (or any
predecessor) for the 2 prior taxable years, and
``(D) the taxpayer uses an accrual method of
accounting.
``(2) Certain rules to apply.--Rules similar to the rules
of paragraphs (2) and (3) of section 448(c) shall apply for
purposes of this subsection.
``(d) Date for Payment of Installments; Time for Payment of
Interest.--
``(1) Date for payment of installments.--
``(A) In general.--If an election is made under
this section for any taxable year, the first
installment shall be paid on or before the due date for
such installment and each succeeding installment shall
be paid on or before the date which is 1 year after the date prescribed
by this paragraph for payment of the preceding installment.
``(B) Due date for first installment.--The due date
for the first installment for a taxable year shall be
whichever of the following is the earliest:
``(i) The date selected by the taxpayer.
``(ii) The date which is 2 years after the
date prescribed by section 6151(a) for payment
of the tax for such taxable year.
``(2) Time for payment of interest.--If the time for
payment of any amount of tax has been extended under this
section--
``(A) Interest for period before due date of first
installment.--Interest payable under section 6601 on
any unpaid portion of such amount attributable to the
period before the due date for the first installment
shall be paid annually.
``(B) Interest during installment period.--Interest
payable under section 6601 on any unpaid portion of
such amount attributable to any period after such
period shall be paid at the same time as, and as a part
of, each installment payment of the tax.
``(C) Interest in the case of certain
deficiencies.--In the case of a deficiency to which
subsection (e)(3) applies for a taxable year which is
assessed after the due date for the first installment
for such year, interest attributable to the period
before such due date, and interest assigned under
subparagraph (B) to any installment the date for
payment of which has arrived on or before the date of
the assessment of the deficiency, shall be paid upon
notice and demand from the Secretary.
``(e) Special Rules.--
``(1) Application of limitation to partners and s
corporation shareholders.--
``(A) In general.--In applying this section to a
partnership which is an eligible small business--
``(i) the election under subsection (a)
shall be made by the partnership,
``(ii) the amount referred to in subsection
(b)(1) shall be the sum of each partner's tax
which is attributable to items of the
partnership and assuming the highest marginal
rate under section 1, and
``(iii) the partnership shall be treated as
the taxpayer referred to in paragraphs (2) and
(3) of subsection (b).
``(B) Overall limitation also applied at partner
level.--In the case of a partner in a partnership, the
limitation under subsection (b)(3) shall be applied at
the partnership and partner levels.
``(C) Similar rules for s corporations.--Rules
similar to the rules of subparagraphs (A) and (B) shall
apply to shareholders in an S corporation.
``(2) Acceleration of payment in certain cases.--
``(A) In general.--If--
``(i) the taxpayer ceases to meet the
requirement of subsection (c)(1)(A), or
``(ii) there is an ownership change with
respect to the taxpayer,
then the extension of time for payment of tax provided
in subsection (a) shall cease to apply, and the unpaid
portion of the tax payable in installments shall be
paid on or before the due date for filing the return of
tax imposed by chapter 1 for the first taxable year
following such cessation.
``(B) Ownership change.--For purposes of
subparagraph, in the case of a corporation, the term
`ownership change' has the meaning given to such term
by section 382. Rules similar to the rules applicable
under the preceding sentence shall apply to a
partnership.
``(3) Proration of deficiency to installments.--Rules
similar to the rules of section 6166(e) shall apply for
purposes of this section.
``(f) BRIDGE Account.--For purposes of this section--
``(1) In general.--The term `BRIDGE Account' means a trust
created or organized in the United States for the exclusive
benefit of an eligible small business, but only if the written
governing instrument creating the trust meets the following
requirements:
``(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deferral under subsection (b) 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) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(E) Amounts in the trust may be used only--
``(i) as security for a loan to the
business or for repayment of such loan, or
``(ii) to pay the installments under this
section.
``(2) Account taxed as grantor trust.--The grantor of a
BRIDGE 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).
``(3) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to a
BRIDGE Account on the last day of a taxable year if such
payment is made on account of such taxable year and is made
within 3\1/2\ months after the close of such taxable year.
``(g) Reports.--The Secretary may require such reporting as the
Secretary determines to be appropriate to carry out this section.
``(h) Application of Section.--This section shall apply to taxes
imposed for taxable years beginning after the date of the enactment of
this section and before January 1, 2006.''
(b) Priority of Lender.--Subsection (b) of section 6323 of such
Code is amended by adding at the end the following new paragraph:
``(11) Loans secured by bridge accounts.--With respect to a
BRIDGE account (as defined in section 6168(f)) with any bank
(as defined in section 408(n)), to the extent of any loan made
by such bank without actual notice or knowledge of the
existence of such lien, as against such bank, if such loan is
secured by such account.''
(c) Clerical Amendment.--The table of sections for subchapter B of
chapter 62 of such Code is amended by adding at the end the following
new item:
``Sec. 6168. Extension of time for
payment of tax for certain
small businesses.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
(e) Study by General Accounting Office.--
(1) Study.--In consultation with the Secretary of the
Treasury, the Comptroller General of the United States shall
undertake a study to evaluate the applicability (including
administrative aspects) and impact of the BRIDGE Act of 2001,
including how it affects the capital funding needs of
businesses under the Act and number of businesses benefiting.
(2) Report.--Not later than March 31, 2005, the Comptroller
General shall transmit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate a written report presenting the results of the study
conducted pursuant to this subsection, together with such
recommendations for legislative or administrative changes as
the Comptroller General determines are appropriate. | Business Retained Income During Growth and Expansion Act of 2001 or the BRIDGE Act of 2001 - Amends the Internal Revenue Code to permit an eligible small business to elect to pay its tax in four equal installments. Limits the maximum amount of tax which may be paid in installments for any taxable year to whichever of the following is the least: (1) the tax imposed for the taxable year; (2) the amount contributed by the taxpayer into a BRIDGE Account during such year; or (3) the excess of $250,000 over the aggregate amount of tax for which an election was made by the taxpayer for all prior taxable years. Limits the above provisions to taxes imposed for taxable years beginning after enactment and before January 1, 2006.Sets forth provisions: (1) defining an eligible small business; (2) setting dates for installment payments and interest payments; (3) establishing BRIDGE accounts; and (4) providing for a study and report. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow certain small businesses to defer payment of tax."} | 2,336 | 206 | 0.658968 | 1.676392 | 0.845757 | 4.781421 | 11.530055 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Correcting Hurtful and Alienating
Names in Government Expression (CHANGE) Act''.
SEC. 2. MODERNIZATION OF LANGUAGE REFERRING TO INDIVIDUALS WHO ARE NOT
CITIZENS OR NATIONALS OF THE UNITED STATES.
An Executive agency (as defined in section 105 of title 5, United
States Code) shall not use the following terms in any proposed or final
rule, regulation, interpretation, publication, other document, display,
or sign issued by the agency after the date of the enactment of this
Act, except to the extent that the term is used in quoting or
reproducing text written by a source other than an officer (as defined
in section 2104 of title 5, United States Code) or employee (as defined
in section 2105 of title 5, United States Code) of the agency:
(1) The term ``alien'', when used to refer to an individual
who is not a citizen or national of the United States.
(2) The term ``illegal alien'' when used to refer to an
individual who is unlawfully present in the United States or
who lacks a lawful immigration status in the United States.
SEC. 3. UNIFORM DEFINITION.
(a) In General.--Chapter 1 of title 1, United States Code, is
amended by adding at the end the following:
``Sec. 9. Definition of `foreign national'
``In determining the meaning of any Act of Congress, or of any
ruling, regulation, or interpretation of various administrative bureaus
and agencies of the United States, the term `foreign national' means
any individual other than an individual--
``(1) who is a citizen of the United States; or
``(2) though not a citizen of the United States, who owes
permanent allegiance to the United States.''.
(b) Technical Amendment.--The table of sections for chapter 1 of
title 1, United States Code, is amended by adding at the end the
following:
``9. Definition of `foreign national'.''.
SEC. 4. REFERENCES.
(a) In General.--Any reference in any Federal statute, rule,
regulation, Executive order, publication, or other document of the
United States--
(1) to the term ``alien'', when used to refer to an
individual who is not a citizen or national of the United
States, is deemed to refer to the term ``foreign national'';
and
(2) to the term ``illegal alien'', when used to refer to an
individual who is unlawfully present in the United States or
who lacks a lawful immigration status in the United States, is
deemed to refer to the term ``undocumented foreign national''.
(b) Conforming Amendments.--
(1) Section 421(5)(A)(ii)(II) of the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C.
658(5)(A)(ii)(II)) is amended by striking ``illegal aliens''
and inserting ``undocumented foreign nationals''.
(2) Section 432(e) of the Homeland Security Act of 2002 (6
U.S.C. 240(e)) is amended by striking ``illegal alien'' and
inserting ``undocumented foreign national''.
(3) Section 439 of the Antiterrorism and Effective Death
Penalty Act of 1996 (8 U.S.C. 1252c) is amended in the section
heading by striking ``illegal aliens'' and inserting
``undocumented foreign nationals''.
(4) Section 280(b)(3)(A)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1330(b)(3)(A)(iii)) is amended by
striking ``illegal aliens'' and inserting ``undocumented
foreign nationals''.
(5) Section 286(r)(3)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1356(r)(3)(ii)) is amended by
striking ``illegal aliens'' and inserting ``undocumented
foreign nationals''.
(6) Section 501 of the Immigration Reform and Control Act
of 1986 (8 U.S.C. 1365) is amended--
(A) in the section heading, by striking ``illegal
aliens'' and inserting ``undocumented foreign
nationals'';
(B) in the subsection heading for subsection (b),
by striking ``Illegal Aliens'' and inserting
``Undocumented Foreign Nationals''; and
(C) by striking ``illegal alien'' each place such
term appears and inserting ``undocumented foreign
national''.
(7) Section 332 of the Omnibus Consolidated Appropriations
Act, 1997 (8 U.S.C. 1366) is amended by striking ``illegal
aliens'' each place such term appears and inserting
``undocumented foreign nationals''.
(8) Section 411(d) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(d)) is
amended in the subsection heading by striking ``Illegal
Aliens'' and inserting ``Undocumented Foreign Nationals''.
(9) Section 106(e) of the Public Works Employment Act of
1976 (42 U.S.C. 6705(e)) is amended in the subsection heading
by striking ``Illegal Aliens'' and inserting ``Undocumented
Foreign Nationals''.
(10) Section 40125(a)(2) of title 49, United States Code,
is amended by striking ``illegal aliens'' and inserting
``undocumented foreign nationals''. | Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act This bill prohibits an executive agency from using the following terms in any rule, regulation, interpretation, publication, other document, display, or sign issued by the agency except to the extent that the term is used in quoting or reproducing text written by a source other than an officer or employee of the agency: "alien" when used to refer to an individual who is not a U.S. citizen or national, and "illegal alien" when used to refer to an individual who is unlawfully present in the United States or who lacks a lawful U.S. immigration status. In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of various U.S. administrative bureaus and agencies, the term "foreign national" in federal law means any individual other than an individual who: (1) is a U.S. citizen; or (2) though not a U.S. citizen, owes permanent allegiance to the United States. Any reference in any federal statute, rule, regulation, executive order, publication, or other U.S. document to the term: "alien" when used to refer to an individual who is not a U.S. citizen or national is deemed to refer to the term "foreign national," and "illegal alien" when used to refer to an individual who is unlawfully present in the United States or who lacks a lawful U.S. immigration status is deemed to refer to the term "undocumented foreign national." Conforming amendments are made to specified Acts. | {"src": "billsum_train", "title": "Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act"} | 1,338 | 360 | 0.716966 | 2.145019 | 0.868514 | 5.71 | 3.576667 | 0.876667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Adjustment Assistance
Extension Act of 2013''.
SEC. 2. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM.
(a) Extension of Termination Provisions.--Section 285 of the Trade
Act of 1974 (19 U.S.C. 2271 note) is amended by striking ``2013'' each
place it appears and inserting ``2020''.
(b) Training Funds.--Section 236(a)(2)(A) of the Trade Act of 1974
(19 U.S.C. 2296(a)(2)(A)) is amended--
(1) in clause (i), by striking ``and 2013'' and inserting
``through 2020''; and
(2) in clause (ii), by striking ``2013'' each place it
appears and inserting ``2020''.
(c) Reemployment Trade Adjustment Assistance.--Section 246(b)(1) of
the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking
``2013'' and inserting ``2020''.
(d) Authorizations of Appropriations.--
(1) Trade adjustment assistance for workers.--Section
245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended
by striking ``2013'' and inserting ``2020''.
(2) Trade adjustment assistance for firms.--Section 255(a)
of the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended--
(A) by striking ``and 2013'' and inserting
``through 2020''; and
(B) by striking ``October 1, 2013, and ending on
December 31, 2013'' and inserting ``October 1, 2020,
and ending on December 31, 2020''.
(3) Trade adjustment assistance for farmers.--Section
298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is
amended--
(A) by striking ``and 2013'' and inserting
``through 2020''; and
(B) by striking ``October 1, 2013, and ending on
December 31, 2013'' and inserting ``October 1, 2020,
and ending on December 31, 2020''.
(e) Amendments to Trade Adjustment Assistance Extension Act of
2011.--
(1) Application of prior law.--Section 233(a) of the Trade
Adjustment Assistance Extension Act of 2011 (title II of Public
Law 112-40; 125 Stat. 416; 19 U.S.C. 2271 note prec.) is
amended--
(A) in the matter preceding paragraph (1), by
striking ``2014'' and inserting ``2021''; and
(B) by striking paragraphs (3) through (7) and
inserting the following:
``(3) section 245(a) of that Act shall be applied and
administered by substituting `2021' for `2007';
``(4) section 246(b)(1) of that Act shall be applied and
administered by substituting `December 31, 2021' for `the date
that is 5 years' and all that follows through `State';
``(5) section 256(b) of that Act shall be applied and
administered by substituting `the 1-year period beginning on
January 1, 2021' for `each of fiscal years 2003 through 2007,
and $4,000,000 for the 3-month period beginning on October 1,
2007';
``(6) section 298(a) of that Act shall be applied and
administered by substituting `the 1-year period beginning on
January 1, 2021' for `each of the fiscal years' and all that
follows through `October 1, 2007'; and
``(7) section 285 of that Act shall be applied and
administered--
``(A) in subsection (a), by substituting `2021' for
`2007' each place it appears; and
``(B) by applying and administering subsection (b)
as if it read as follows:
```(b) Other Assistance.--
```(1) Assistance for firms.--
```(A) In general.--Except as provided in
subparagraph (B), assistance may not be provided under
chapter 3 after December 31, 2021.
```(B) Exception.--Notwithstanding subparagraph
(A), any assistance approved under chapter 3 on or
before December 31, 2021, may be provided--
```(i) to the extent funds are available
pursuant to such chapter for such purpose; and
```(ii) to the extent the recipient of the
assistance is otherwise eligible to receive
such assistance.
```(2) Farmers.--
```(A) In general.--Except as provided in
subparagraph (B), assistance may not be provided under
chapter 6 after December 31, 2021.
```(B) Exception.--Notwithstanding subparagraph
(A), any assistance approved under chapter 6 on or
before December 31, 2021, may be provided--
```(i) to the extent funds are available
pursuant to such chapter for such purpose; and
```(ii) to the extent the recipient of the
assistance is otherwise eligible to receive
such assistance.'.''.
(2) Continuation of benefits.--Section 233(b) of the Trade
Adjustment Assistance Extension Act of 2011 is amended by
striking ``2014'' each place it appears and inserting ``2021''. | Trade Adjustment Assistance Extension Act of 2013 - Amends the Trade Act of 1974 to extend through December 31, 2020: (1) the trade adjustment assistance (TAA) program, and (2) the reemployment trade adjustment assistance (RTAA) program. Makes funds available through FY2020, and for the period beginning October 1-December 31, 2020 (first quarter of FY2021) for training of adversely affected workers, employment and case management services, and job search expenses and relocation expenses. Reauthorizes appropriations: (1) through December 31, 2020, for the TAA program for workers; and (2) through FY2020, and for the first quarter of FY2021, for the TAA program for firms and farmers. Amends the Trade Adjustment Assistance Extension Act of 2011 to declare that TAA program requirements in effect as of February 13, 2011, under the Trade Act of 1974 shall apply to petitions for certification to apply for TAA for workers, firms, and farmers that are filed before January 1, 2021. | {"src": "billsum_train", "title": "Trade Adjustment Assistance Extension Act of 2013"} | 1,235 | 206 | 0.615283 | 1.687013 | 0.740276 | 1.834197 | 5.61658 | 0.746114 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Punitive Damage Awards
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) punitive damage awards in jury verdicts in financial
injury cases are a serious and growing problem, and according
to a Rand Institute for Civil Justice study in 1997 of punitive
damage verdicts from calendar years 1985 through 1994 in States
that represent 25 percent of the United States population--
(A) nearly 50 percent of all punitive damage awards
are made in financial injury cases (those in which the
plaintiff is alleging a financial injury only and is
not alleging injuries to either person or property);
(B) punitive damages are awarded in 1 in every 7
financial injury verdicts overall and 1 in every 5
financial injury cases in the State of California;
(C) between calendar years 1985 through 1989 and
calendar years 1990 through 1994, the average punitive
damage verdict in financial injury cases increased from
$3,400,000 to $7,600,000;
(D) between calendar years 1985 through 1989 and
calendar years 1990 through 1994, the award of such
damages at the 90th percentile increased from
$3,900,000 to $12,100,000;
(E) between calendar years 1985 through 1989 and
calendar years 1990 through 1994, the total amount of
punitive damages awarded increased from $1,200,000,000
to $2,300,000,000, for a 10-year total of
$3,500,000,000;
(F) punitive damages represent a very large
percentage of total damages awarded in all financial
injury verdicts, increasing from 44 percent to 59
percent during the period analyzed; and
(G) in the State of Alabama, punitive damages
represent 82 percent of all damages awarded in
financial injury cases;
(2)(A) punitive damage verdicts are only the tip of the
iceberg because only a small percentage of all complaints filed
(1.6 percent according to a Department of Justice study in
1995) result in a jury verdict; and
(B) the Rand Institute of Civil Justice calls the impact of
these verdicts on settlements the ``shadow effect'' of punitive
damages;
(3) excessive, unpredictable, and often arbitrary punitive
damage awards have a direct and undesirable effect on
interstate commerce by increasing the cost and decreasing the
availability of goods and services;
(4) as a result of excessive, unpredictable, and often
arbitrary punitive damage awards, consumers have been adversely
affected through the withdrawal of products, producers,
services, and service providers from the marketplace, and from
excessive liability costs passed on to consumers through higher
prices;
(5) excessive, unpredictable, and often arbitrary punitive
damage awards jeopardize the financial well-being of many
individuals and companies, particularly the Nation's small
businesses, and adversely affect government and taxpayers;
(6) individual State legislatures can create only a partial
remedy to address these problems because each State lacks the
power to control the imposition of punitive damages in other
States;
(7) it is the constitutional role of the national
Government to remove barriers to interstate commerce and to
protect due process rights;
(8) there is a need to restore rationality, certainty, and
fairness to the award of punitive damages in order to protect
against excessive, arbitrary, and uncertain awards;
(9) establishing a rule of proportionality, in cases that
primarily involve financial injury, between the amount of
punitive damages awarded and the amount of compensatory damages, as 15
States have established, would--
(A) be fair to both plaintiffs and defendants; and
(B) address the constitutional objection of the
United States Supreme Court in BMW of North America v.
Gore 116 S. Ct. 1589 (1996) to punitive damages that
are grossly excessive in relation to the harm suffered;
and
(10) permitting a maximum for each claimant recovery for
punitive damages of the greater of 3 times the amount of
economic loss or $250,000 is a balanced solution that would
reduce grossly excessive punitive damage awards by as much as
40 percent, according to the Rand Institute for Civil Justice.
(b) Purposes.--Based upon the powers contained in Article I,
section 8, clause 3 and section 5 of the 14th amendment of the United
States Constitution, the purposes of this Act are to--
(1) promote the free flow of goods and services and to
lessen burdens on interstate commerce; and
(2) uphold constitutionally protected due process rights by
placing reasonable limits on damages over and above the actual
damages suffered by a claimant.
SEC. 3. DEFINITIONS.
For purposes of this Act, the term--
(1) ``act of terrorism'' means any activity that--
(A)(i) is a violation of the criminal laws of the
United States or any State; or
(ii) would be a criminal violation if committed
within the jurisdiction of the United States or any
State; and
(B) appears to be intended to intimidate or coerce
a civilian population, to influence the policy of a
government by intimidation or coercion, or to affect
the conduct of a government by assassination or
kidnaping;
(2) ``claimant''--
(A) means any person who brings a civil action that
is subject to this Act and any person on whose behalf
such an action is brought; and
(B) includes--
(i) a claimant's decedent if such action is
brought through or on behalf of an estate; and
(ii) a claimant's legal guardian if such
action is brought through or on behalf of a
minor or incompetent;
(3) ``economic loss'' means objectively verifiable monetary
losses including medical expenses, loss of earnings, burial
costs, loss of use of property, costs of repair or replacement,
costs of obtaining substitute domestic services, loss of
employment, and loss of business or employment opportunities,
to the extent such recovery is allowed under applicable Federal
or State law;
(4) ``harm'' means any legally cognizable wrong or injury
for which punitive damages may be imposed;
(5) ``interstate commerce'' means commerce among the
several States or with foreign nations, or in any territory of
the United States or in the District of Columbia, or between
any such territory and another, or between any such territory
and any State or foreign nation, or between the District of
Columbia and any State or territory or foreign nation;
(6) ``person'' means any individual, corporation, company,
association, firm, partnership, society, joint stock company,
or any other entity (including any governmental entity);
(7) ``punitive damages'' means damage awarded against any
person to punish or deter such person, or others, from engaging
in similar behavior in the future; and
(8) ``qualified charity'' means any organization exempt
from filing information returns pursuant to section 6033(a) of
the Internal Revenue Code of 1986 as that exemption exists on
the effective date of this Act.
SEC. 4. APPLICABILITY.
(a) General Rule.--
(1) Civil actions covered.--Except as provided in
subsection (b), this Act applies to any civil action brought in
any Federal or State court where such action affects interstate
commerce, charitable or religious activities, or implicates
rights or interests that may be protected by Congress under
section 5 of the 14th amendment of the United States
Constitution and where the claimant seeks to recover punitive
damages under any theory for harm that did not result in death,
serious and permanent physical scarring or disfigurement, loss
of a limb or organ, or serious and permanent physical
impairment of an important bodily function. Punitive damages
may, to the extent permitted by applicable State law, be
awarded against a person in such a case only if the claimant
establishes that the harm that is the subject of the action was
proximately caused by such person. Notwithstanding any other
provision of this Act, punitive damages may, to the extent
permitted by applicable State law, be awarded against a
qualified charity only if the claimant established by clear and
convincing evidence that the harm that is the subject of the
action was proximately caused by an intentionally tortious act
of such qualified charity.
(2) Question of law.--What constitutes death, serious and
permanent physical scarring or disfigurement, loss of a limb or
organ, or serious and permanent physical impairment of an
important bodily function shall be a question of law for the
court.
(b) Exceptions.--
(1) In general.--The provisions of this Act shall not apply
to any person in a civil action described in subsection (a)(1)
if the misconduct for which punitive damages are awarded
against that person--
(A) constitutes a crime of violence (as that term
is defined in section 16 of title 18, United States
Code) for which the defendant has been convicted in any
court;
(B) constitutes an act of terrorism for which the
defendant has been convicted in any court;
(C) constitutes a hate crime (as that term is used
in the Hate Crime Statistics Act, Public Law 101-275;
104 Stat. 140; 28 U.S.C. 534 note) for which the
defendant has been convicted in any court;
(D) occurred at a time when the defendant was under
the influence (as determined pursuant to applicable
State law) of intoxicating alcohol or any drug that may
not lawfully be sold without a prescription and had
been taken by the defendant other than in accordance
with the terms of a lawful prescription; or
(E) constitutes a felony sexual offense, as defined
by applicable Federal or State law, for which the
defendant has been convicted in any court.
(2) Question of law.--The applicability of this subsection
shall be a question of law for determination by the court. The
liability of any other person in such an action shall be
determined in accordance with this Act.
SEC. 5. PROPORTIONAL AWARDS.
(a) Amount.--
(1) In general.--The amount of punitive damages that may be
awarded to a claimant in any civil action that is subject to
this Act shall not exceed the greater of--
(A) 3 times the amount awarded to the claimant for
economic loss; or
(B) $250,000.
(2) Special rule.--
(A) In general.--Notwithstanding paragraph (1), in
any civil action that is subject to this Act against an
individual whose net worth does not exceed $500,000 or
against an owner of an unincorporated business, or any
partnership, corporation, association, unit of local
government, or organization that has fewer than 25
full-time employees, the amount of punitive damages
shall not exceed the lesser of--
(i) 3 times the amount awarded to the
claimant for economic loss; or
(ii) $250,000.
(B) Applicability.--For purposes of determining the
applicability of this paragraph to a corporation, the
number of employees of a subsidiary of a wholly owned
corporation shall include all employees of a parent
corporation or any subsidiary of that parent
corporation.
(b) Application of Limitations by the Court.--The limitations in
subsection (a) shall be applied by the court and shall not be disclosed
to the jury.
SEC. 6. PREEMPTION.
Nothing in this Act shall be construed to--
(1) create a cause of action for punitive damages;
(2) supersede or alter any Federal law;
(3) preempt or supersede any Federal or State law to the
extent such law would further limit the award of punitive
damages; or
(4) modify or reduce the ability of courts to order
remittitur.
SEC. 7. FEDERAL CAUSE OF ACTION PRECLUDED.
The district courts of the United States shall not have
jurisdiction pursuant to this Act based on section 1331 or 1337 of
title 28, United States Code.
SEC. 8. EFFECTIVE DATE.
This Act applies to any civil action described in section 4 that is
commenced on or after the date of enactment of this Act, without regard
to whether the harm that is the subject of the action or the conduct
that caused the harm occurred before such date of enactment. | Fairness in Punitive Damage Awards Act - Limits punitive damage awards in civil actions brought in Federal or State court that affect interstate commerce, charitable or religious activities, or implicate rights or interests that may be protected by the Congress under the 14th Amendment, where such damages are sought for harm that did not result in death, serious and permanent physical scarring or disfigurement, loss of a limb or organ, or serious and permanent physical impairment of an important bodily function.
Permits punitive damages, to the extent permitted by applicable State law, to be awarded against: (1) a person in such a case only if the claimant establishes that the harm that is the subject of the action was proximately caused by such person; and (2) a qualified charity only if the claimant established by clear and convincing evidence that the harm was proximately caused by an intentionally tortious act of such charity.
Makes this Act inapplicable to any person in such action if the misconduct for which punitive damages are awarded: (1) occurred at a time when the defendant was under the influence of intoxicating alcohol or any drug that may not lawfully be sold without a prescription and had been taken by the defendant other than in accordance with the terms of a lawful prescription; or (2) constitutes a crime of violence, an act of terrorism, a hate crime, or a felony sexual offense, for which the defendant has been convicted in any court.
(Sec. 5) Limits the amount of punitive damages that may be awarded to a claimant in any civil action that is subject to this Act: (1) to the greater of three times the amount awarded to the claimant for economic loss or $250,000; or (2) for an individual whose net worth does not exceed $500,000 or against an owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization that has fewer than 25 full-time employees, to the lesser of three times the amount awarded to the claimant for economic loss or $250,000.
Directs that these limitations be applied by the court and not be disclosed to the jury.
(Sec. 7) Denies the U.S. district courts jurisdiction pursuant to this Act based on Federal provisions regarding Federal question jurisdiction, or commerce and antitrust regulations and amount in controversy. | {"src": "billsum_train", "title": "Fairness in Punitive Damage Awards Act"} | 2,682 | 514 | 0.493534 | 1.785798 | 0.605696 | 6.148559 | 5.552106 | 0.955654 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Options for Veterans
Expedited Recovery Act'' or the ``COVER Act''.
SEC. 2. ESTABLISHMENT AND DUTIES.
(a) Establishment.--There is established the Veterans Expedited
Recovery Commission (in this Act referred to as the ``Commission'').
(b) Duties.--The Commission shall perform the following duties:
(1) Examine the efficacy of the evidence-based therapy
model used by the Secretary of Veterans Affairs for treating
mental health illnesses of veterans and identify areas to
improve wellness-based outcomes.
(2) Conduct a patient-centered survey within each of the
Veterans Integrated Service Networks to examine--
(A) the experience of veterans with the Department
of Veterans Affairs when seeking medical assistance for
mental health issues through the health care system of
the Department;
(B) the experience of veterans with non-Department
medical facilities and health professionals for
treating mental health issues;
(C) the preferences of veterans regarding available
treatments for mental health issues and which methods
the veterans believe to be most effective;
(D) the experience, if any, of veterans with
respect to the complementary alternative treatment
therapies described in subparagraphs (A) through (I) in
paragraph (3);
(E) the prevalence of prescribing prescription
medication among veterans seeking treatment through the
health care system of the Department as remedies for
addressing mental health issues; and
(F) the outreach efforts of the Secretary regarding
the availability of benefits and treatments for
veterans for addressing mental health issues, including
by identifying ways to reduce barriers to and gaps in
such benefits and treatments.
(3) Examine available research on complementary alternative
treatment therapies for mental health issues and identify what
benefits could be made with the inclusion of such treatments
for veterans, including with respect to--
(A) music therapy;
(B) equine therapy;
(C) training and caring for service dogs;
(D) yoga therapy;
(E) acupuncture therapy;
(F) meditation therapy;
(G) outdoor sports therapy;
(H) hyperbaric oxygen therapy;
(I) accelerated resolution therapy; and
(J) other therapies the Commission determines
appropriate.
(4) Study the potential increase of claims relating to
mental health issues submitted to the Secretary by veterans who
served in Operation Enduring Freedom, Operation Iraqi Freedom,
or Operation New Dawn, including an assessment of the resources
available within the Department to ensure that quality health
care demands relating to such claims can be delivered in a
timely manner.
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 10
members, appointed as follows:
(A) Two members appointed by the Speaker of the
House of Representatives, at least one of whom shall be
a veteran.
(B) Two members appointed by the Minority Leader of
the House of Representatives, at least one of whom
shall be a veteran.
(C) Two members appointed by the Majority Leader of
the Senate, at least one of whom shall be a veteran.
(D) Two members appointed by the Minority Leader of
the Senate, at least one of whom shall be a veteran.
(E) Two members appointed by the President, at
least one of whom shall be a veteran.
(2) Qualifications.--Members of the Commission shall be--
(A) individuals who are of recognized standing and
distinction within the medical community with a
background in treating mental health;
(B) individuals with experience working with the
military and veteran population; and
(C) individuals who do not have a financial
interest in any of the complementary alternative
treatments reviewed by the Commission.
(b) Chairman.--The President shall designate a member of the
Commission to be the chairman.
(c) Period of Appointment.--Members of the Commission shall be
appointed for the life of the Commission.
(d) Vacancy.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(e) Appointment Deadline.--The appointment of members of the
Commission in this section shall be made not later than 90 days after
the date of the enactment of this Act.
SEC. 4. POWERS OF COMMISSION.
(a) Meeting.--
(1) Initial meeting.--The Commission shall hold its first
meeting not later than 30 days after a majority of members are
appointed to the Commission.
(2) Meeting.--The Commission shall regularly meet at the
call of the Chairman. Such meetings may be carried out through
the use of telephonic or other appropriate telecommunication
technology if the Commission determines that such technology
will allow the members to communicate simultaneously.
(b) Hearing.--The Commission may hold such hearings, sit and act at
such times and places, take such testimony, and receive evidence as the
Commission considers advisable to carry out the responsibilities of the
Commission.
(c) Information From Federal Agencies.--The Commission may secure
directly from any department or agency of the Federal Government such
information as the Commission considers necessary to carry out the
duties of the Commission.
(d) Information From Nongovernmental Organizations.--In carrying
out section 2(b), the Commission may seek guidance through consultation
with foundations, veterans service organizations, nonprofit groups,
faith-based organizations, private and public institutions of higher
education, and other organizations as the Commission determines
appropriate.
(e) Commission Records.--The Commission shall keep an accurate and
complete record of the actions and meetings of the Commission. Such
record shall be made available for public inspection and the
Comptroller General of the United States may audit and examine such
record.
(f) Personnel Matters.--Upon request of the chairman of the
Commission, the head of any department or agency of the Federal
Government may detail, on a reimbursable basis, any personnel of that
department or agency to assist the Commission in carrying out the
duties of the Commission.
(g) Compensation of Members; Travel Expenses.--Each member shall
serve without pay, except that each member shall receive travel
expenses to perform the duties of the Commission under section 2(b) of
this Act, including per diem in lieu of subsistence, at rates
authorized under subchapter I of chapter 57 of title 5, United States
Code.
(h) Staff.--The Chairman, in accordance with rules agreed upon by
the Commission, may appoint and fix the compensation of a staff
director and such other personnel as may be necessary to enable the
Commission to carry out its functions, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, without regard to the provision of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no rate of pay fixed under
this subsection may exceed the equivalent of that payable for a
position at a level IV of the Executive Schedule under section 5316 of
title 5, United States Code.
(i) Personnel as Federal Employees.--
(1) In general.--The executive director and any personnel
of the Commission are employees under section 2105 of title 5,
United States Code, for purpose of chapters 63, 81, 83, 84, 85,
87, 89, and 90 of such title.
(2) Members of the commission.--Paragraph (1) shall not be
construed to apply to members of the Commission.
(j) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriations Acts, enter into contracts to
enable the Commission to discharge the duties of the Commission under
this Act.
(k) Expert and Consultant Service.--The Commission may procure the
services of experts and consultants in accordance with section 3109 of
title 5, United States Code, at rates not to exceed the daily rate paid
to a person occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(l) Postal Service.--The Commission may use the United States mails
in the same manner and under the same conditions as departments and
agencies of the United States.
(m) Physical Facilities and Equipment.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act. These administrative services may include human
resource management, budget, leasing, accounting, and payroll services.
SEC. 5. REPORT.
(a) Interim Reports.--
(1) In general.--Not later than 60 days after the date on
which the Commission first meets, and each 30-day period
thereafter ending on the date on which the Commission submits
the final report under subsection (b), the Commission shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate and the President a report
detailing the level of cooperation the Secretary of Veterans
Affairs (and the heads of other departments or agencies of the
Federal Government) has provided to the Commission.
(2) Other reports.--In carrying out the duties pursuant to
section 2(b), at times that the Commission determines
appropriate, the Commission shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the
Senate and any other appropriate entities an interim report
with respect to the findings identified by the Commission.
(b) Final Report.--Not later than 18 months after the first meeting
of the Commission, the Commission shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate, the
President, and the Secretary of Veterans Affairs a final report on the
findings of the Commission. Such report shall include the following:
(1) Recommendations to implement in a feasible, timely, and
cost-effective manner the solutions and remedies identified
within the findings of the Commission pursuant to section 2(b).
(2) An analysis of the evidence-based therapy model used by
the Secretary of Veterans Affairs for treating veterans with
mental health care issues, and an examination of the prevalence
and efficacy of prescription drugs as a means for treatment.
(3) The findings of the patient-centered survey conducted
within each of the Veterans Integrated Service Networks
pursuant to section 2(b)(2).
(4) An examination of complementary alternative treatments
described in section 2(b)(3) and the potential benefits of
incorporating such treatments in the therapy model used by the
Secretary for treating veterans with mental health issues.
(c) Plan.--Not later than 90 days after the date on which the
Commission submits the final report under subsection (b), the Secretary
of Veterans Affairs shall submit to the Committees on Veterans' Affairs
of the House of Representatives and the Senate a report on the
following:
(1) An action plan for implementing the recommendations
established by the Commission on such solutions and remedies
for improving wellness-based outcomes for veterans with mental
health care issues.
(2) A feasible timeframe on when complementary alternative
treatments described in section 2(b)(3) can be implemented
Department-wide.
(3) With respect to each recommendation established by the
Commission, including regarding any complementary alternative
treatment, that the Secretary determines is not appropriate or
feasible to implement, a justification for each such
determination and an alternative solution to improve the
efficacy of the therapy model used by the Secretary for
treating veterans with mental health issues.
SEC. 6. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after the Commission submits
the final report under section 5(b). | Creating Options for Veterans Expedited Recovery Act or the COVER Act Establishes the Veterans Expedited Recovery Commission to examine the evidence-based therapy treatment model used by the Department of Veterans Affairs (VA) for treating mental health conditions of veterans and the potential benefits of incorporating complementary alternative treatments available in non-VA facilities and study the potential increase in claims relating to mental health issues submitted by veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn. Directs the VA, upon a report by the Commission, to submit: (1) an action plan for implementing recommendations and a time frame for implementing complementary alternative treatments, or (2) a justification for any determination that a recommendation is not appropriate and an alternative solution to improve the efficacy of the therapy model. | {"src": "billsum_train", "title": "COVER Act"} | 2,472 | 174 | 0.60675 | 1.778346 | 0.939426 | 3.516556 | 15.682119 | 0.94702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfield Cleanup Enhancement Act
of 2005''.
SEC. 2. CREDIT TO HOLDERS OF QUALIFIED BROWNFIELDS CLEANUP BONDS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30B. CREDIT TO HOLDERS OF QUALIFIED BROWNFIELDS CLEANUP BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
qualified brownfields cleanup bond on a credit allowance date of such
bond which occurs during the taxable year, there shall be allowed as a
credit against the tax imposed by this chapter for such taxable year an
amount equal to the sum of the credits determined under subsection (b)
with respect to credit allowance dates during such year on which the
taxpayer holds such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a qualified brownfields cleanup bond is 25 percent of the
annual credit determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any qualified brownfields cleanup bond is the
product of--
``(A) the applicable credit rate, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Applicable credit rate.--For purposes of paragraph
(1), the applicable credit rate with respect to an issue is the
rate equal to an average market yield (as of the day before the
date of issuance of the issue) on outstanding long-term
corporate debt obligations (determined under regulations
prescribed by the Secretary).
``(4) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed.
``(c) Qualified Brownfields Cleanup Bond.--For purposes of this
section--
``(1) In general.--The term `qualified brownfields cleanup
bond' means any bond issued as part of an issue if--
``(A) 95 percent or more of the proceeds of such
issue are to be used for the abatement or control of
hazardous substances at a qualified contaminated site,
``(B) the bond is issued by a State or local
government within the jurisdiction of which such site
is located,
``(C) the issuer designates such bond for purposes
of this section, and
``(D) the term of each bond which is part of such
issue does not exceed 15 years.
``(2) Limitation on amount of bonds designated.--The
maximum aggregate face amount of bonds issued during any
calendar year which may be designated under paragraph (1) by
any issuer shall not exceed the limitation amount allocated
under paragraph (3) for such calendar year to such issuer.
``(3) National limitation on amount of bonds designated.--
There is a national qualified brownfields cleanup bond
limitation for each calendar year. Such limitation is--
``(A) $100,000,000 for 2006,
``(B) $150,000,000 for 2007, and
``(C) zero for calendar years thereafter.
``(4) Allocation of limitation among states.--The
limitation applicable under paragraph (3) for any calendar year
shall be allocated among the States by the Secretary of the
Treasury.
``(5) Carryover of unused limitation.--If for any calendar
year--
``(A) the amount allocated under paragraph (4) to
any State, exceeds
``(B) the amount of bonds issued during such year
which are designated under paragraph (1) pursuant to
such allocation,
the limitation amount under paragraph (4) for such State for
the following calendar year shall be increased by the amount of
such excess.
``(6) Bond to be paid back from any tax revenue increase.--
A bond shall not be treated as a qualified brownfields cleanup
bond unless any increase in real property tax revenues
(attributable to increases in assessed value) by reason of the
carrying out of the purposes described in paragraph (1)(A) is
reserved exclusively for debt service on the issue referred to
in paragraph (1) (and similar issues) to the extent such
increase does not exceed such debt service.
``(d) 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 part
IV of subchapter A (other than subpart C thereof,
relating to refundable credits).
``(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.
``(e) Other Definitions.--For purposes of this section--
``(1) Credit allowance date.--The term `credit allowance
date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term includes the last day on which the bond is
outstanding.
``(2) Bond.--The term `bond' includes any obligation.
``(3) State.--The term `State' includes the District of
Columbia and any possession of the United States.
``(4) Qualified contaminated site.--The term `qualified
contaminated site' means a brownfield site designated by the
Administrator of the Environmental Protection Agency.
``(5) Hazardous substance.--The term `hazardous substance'
has the meaning provided by section 198(d).
``(f) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (d)) and the amount so
included shall be treated as interest income.
``(g) Bonds Held by Regulated Investment Companies.--If any
qualified brownfields cleanup bond is held by a regulated investment
company, the credit determined under subsection (a) shall be allowed to
shareholders of such company under procedures prescribed by the
Secretary.
``(h) Credits May Be Stripped.--Under regulations prescribed by the
Secretary--
``(1) In general.--There may be a separation (including at
issuance) of the ownership of a qualified brownfields cleanup
bond and the entitlement to the credit under this section with
respect to such bond. In case of any such separation, the
credit under this section shall be allowed to the person who on
the credit allowance date holds the instrument evidencing the
entitlement to the credit and not to the holder of the bond.
``(2) Certain rules to apply.--In the case of a separation
described in paragraph (1), the rules of section 1286 shall
apply to the qualified brownfields cleanup bond as if it were a
stripped bond and to the credit under this section as if it
were a stripped coupon.
``(i) Treatment for Estimated Tax Purposes.--Solely for purposes of
sections 6654 and 6655, the credit allowed by this section to a
taxpayer by reason of holding a qualified brownfields cleanup bond on a
credit allowance date shall be treated as if it were a payment of
estimated tax made by the taxpayer on such date.
``(j) Credit May Be Transferred.--Nothing in any law or rule of law
shall be construed to limit the transferability of the credit allowed
by this section through sale and repurchase agreements.
``(k) Reporting.--Issuers of qualified brownfields cleanup bonds
shall submit reports similar to the reports required under section
149(e).''
(b) Reporting.--Subsection (d) of section 6049 of such Code
(relating to returns regarding payments of interest) is amended by
adding at the end the following new paragraph:
``(8) Reporting of credit on qualified brownfields cleanup
bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 30B(f) and such amounts
shall be treated as paid on the credit allowance date
(as defined in section 30B(e)(1)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A) of this
paragraph, subsection (b)(4) of this section shall be
applied without regard to subparagraphs (A), (H), (I),
(J), (K), and (L)(i).
``(C) Regulatory authority.--The Secretary may
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''
(c) Conforming Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``30B. Credit to holders of qualified public brownfields cleanup
bonds.''
(d) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2005. | Brownfield Cleanup Enhancement Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for investment in qualified brownfields cleanup bonds. Defines "qualified brownfields cleanup bonds" as 15-year State or local government bonds 95 percent of the proceeds of which are used for the abatement or control of hazardous substances at a site designated as contaminated by the Administrator of the Environmental Protection Agency (EPA). Limits the amount of such credit to 25 percent of the annual credit determined for such bonds (i.e., applicable credit rate times the outstanding face amount of such bonds).
Establishes national limits on the amount of qualified brownfields cleanup bonds that may be issued in 2006 and 2007. Terminates the authority for issuance of such bonds after 2007. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand the incentives for the environmental cleanup of certain contaminated industrial sites designated as brownfields."} | 2,188 | 164 | 0.614684 | 1.664245 | 0.63784 | 2.659574 | 14.212766 | 0.900709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrating Behavioral Health
Through Technology Act of 2016''.
SEC. 2. PILOT PROGRAM FOR THE ADOPTION AND USE OF CERTIFIED EHR
TECHNOLOGY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Substance Abuse and Mental Health Services
Administration.
(2) Certified ehr technology.--The term ``certified EHR
technology'' has the meaning given such term in section
1848(o)(4) of the Social Security Act (42 U.S.C. 1395w-
4(o)(4)).
(3) Eligible behavioral health facility.--The term
``eligible behavioral health facility'' means--
(A) a public or private hospital that is
principally a psychiatric hospital (as defined in
section 1861(f) of the Social Security Act (42 U.S.C.
1395x(f));
(B) a community mental health center (as described
in section 1913(b)(2) of the Public Health Service Act
(42 U.S.C. 300x-2(b)(2)));
(C) a residential or outpatient mental health
treatment facility that is accredited by the Joint
Commission on Accreditation of Healthcare
Organizations, the Commission on Accreditation of
Rehabilitation Facilities, the Council on
Accreditation, or any other national accrediting agency
recognized by the Secretary of Health and Human
Services; and
(D) a substance abuse treatment facility that is
accredited by the Joint Commission on Accreditation of
Healthcare Organizations, the Commission on
Accreditation of Rehabilitation Facilities, the Council
on Accreditation, or any other national accrediting
agency recognized by the Secretary of Health and Human
Services.
(4) Eligible professional.--The term ``eligible
professional'' means--
(A) a clinical psychologist providing qualified
psychologist services (as defined in section 1861(ii)
of the Social Security Act (42 U.S.C. 1395x(ii)); or
(B) a clinical social worker (as defined in section
1861(hh)(1) of the Social Security Act).
(b) Establishment.--The Administrator, in consultation with the
Director of the Office of the National Coordinator for Health
Information Technology, shall establish a pilot program in up to 5
States under which incentive payments may be made to eligible
professionals and eligible behavioral health facilities for the
adoption and use of certified EHR technology.
(c) Program Requirements.--
(1) Selection.--When selecting States for the pilot program
established under this section, the Administrator shall give
preference to States that have a Statewide health information
exchange that includes behavioral health data.
(2) Adoption and use of certified ehr technology.--To
qualify to receive incentive payments under the pilot program
established under this section, an eligible professional or
eligible behavioral health facility shall demonstrate, through
an attestation or other means specified by the Administrator,
that the professional or behavioral health facility--
(A) has adopted certified EHR technology; and
(B) in the case that such professional or facility
operates in a State or region with a State or regional
health information exchange, participates in such
health information exchange.
(3) Payments.--The Administrator shall make incentive
payments to at least one type of eligible professional listed
in subparagraphs (A) and (B) of subsection (a)(4) and at least
one type of eligible behavioral health facility listed in
subparagraphs (A) through (D) of subsection (a)(3) in each
State selected for the pilot program established under this
section. The amount of incentive payments to eligible
professionals and eligible behavioral health facilities under
the pilot program may be comparable to the payment amounts
under section 1848(o) of the Social Security Act (42 U.S.C.
1395w-4(o)) and section 1886 of such Act (42 U.S.C. 1395ww).
(d) Duration.--The pilot program established under this section
shall be conducted for a period not to exceed 5 years.
(e) Report.--Not later than 18 months after the conclusion of the
pilot program established under this section, the Administrator shall
submit a report to relevant committees of Congress that includes--
(1) an evaluation of the effectiveness of the pilot program
in encouraging adoption of certified EHR technology by eligible
professionals and eligible behavioral health facilities and in
the exchange of behavioral health information;
(2) a description of best practices for the adoption and
use of certified EHR technology by eligible professionals and
eligible behavioral health facilities; and
(3) recommendations for increasing the percentage of
eligible professionals and eligible behavioral health
facilities nationally that adopt certified EHR technology and
exchange behavioral health information.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for the period of fiscal
years 2017 through 2022 to carry out the pilot program under this
section, to remain available for the duration of the pilot program. | Integrating Behavioral Health Through Technology Act of 2016 This bill requires the Substance Abuse and Mental Health Services Administration (SAMHSA)to establish a pilot program in up to five states under which incentive payments may be provided to clinical psychologists, clinical social workers, and behavioral health facilities for the adoption and use of certified electronic health records technology. SAMHSA must give priority to states that have implemented a health information exchange that includes behavioral health data. | {"src": "billsum_train", "title": "Integrating Behavioral Health Through Technology Act of 2016"} | 1,102 | 94 | 0.498049 | 1.221827 | 0.516328 | 3.8875 | 11.9375 | 0.8375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment Tax Credit Act of 1993''.
SEC. 2. INVESTMENT TAX CREDIT.
(a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to amount of investment credit) is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end thereof the following new paragraph:
``(4) the general investment credit.''
(b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end thereof the following new subsection:
``(c) General Investment Credit.--
``(1) In general.--For purposes of section 46, the general
investment credit for any taxable year is an amount equal to 10
percent of the qualified investment for such taxable year.
``(2) Qualified investment.--
``(A) In general.--For purposes of paragraph (1),
the qualified investment for any taxable year is the
aggregate of--
``(i) the applicable percentage of the
basis of each new qualified investment tax
credit property placed in service by the
taxpayer during such taxable year, plus
``(ii) the applicable percentage of the
cost of each used qualified investment tax
credit property placed in service by the
taxpayer during such taxable year.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage for any
property shall be determined under paragraphs (2) and
(7) of section 46(c) (as in effect on the day before
the date of the enactment of the Revenue Reconciliation
Act of 1990).
``(C) Certain rules made applicable.--The
provisions of subsections (b) and (c) of section 48 (as
in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990) shall apply
for purposes of this paragraph.
``(3) Qualified investment tax credit property.--The term
`qualified investment tax credit property' means tangible
property (other than a building, its structural components, or
an air conditioning or heating unit), but only if such
property--
``(A) is used as an integral part of manufacturing,
production (including agriculture), or extraction or of
furnishing transportation, communications, electrical
energy, gas, water, waste disposal, or pollution
control services,
``(B) constitutes a research facility or research
equipment used in connection with any of the activities
referred to in subparagraph (A), or
``(C) constitutes a facility used in connection
with any of the activities referred to in subparagraph
(A) for the bulk storage of fungible commodities
(including commodities in a liquid or gaseous state).
Such term includes only property to which section 168 applies
without regard to any useful life and any other property with
respect to which depreciation (or amortization in lieu of
depreciation) is allowable and having a useful life (determined
as of the time such property is placed in service) of 3 years
or more.
``(4) Coordination with other credits.--This subsection
shall not apply to any property to which the energy credit or
rehabilitation credit would apply unless the taxpayer elects to
waive the application of such credits to such property.
``(5) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsections (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990) shall apply for
purposes of this subsection.''
(c) Credit Allowed Against Minimum Tax.--Section 38(c) of such Code
is amended by redesignating paragraph (2) as paragraph (3) and
inserting after paragraph (1) the following new paragraph:
``(2) New investment tax credit may offset 100 percent of
minimum tax.--
``(A) In general.--In the case of a C corporation,
the amount determined under paragraph (1)(A) shall be
reduced (but not below zero) by the lesser of--
``(i) the portion of the new investment tax
credit not used against the regular limitation,
or
``(ii) 100 percent of the taxpayer's
tentative minimum tax for the taxable year.
``(B) Portion of new investment tax credit not used
against regular limit.--For purposes of subparagraph
(A), the portion of the new investment tax credit for
any taxable year not used against the regular
limitation is the excess (if any) of--
``(i) the portion of the credit under
subsection (a) which is attributable to the
application of the general investment credit
under section 48(c), over
``(ii) the limitation of paragraph (1)
(determined without regard to this paragraph)
reduced by the portion of the credit under
subsection (a) which is not so attributable.
``(C) Limitation.--In no event shall this paragraph
permit the allowance of a credit which would result in
a net chapter 1 tax less than an amount equal to 10
percent of the amount determined under section
55(b)(1)(A) without regard to the alternative tax net
operating loss deduction. For purposes of the preceding
sentence, the term `net chapter 1 tax' means the sum of
the regular tax liability for the taxable year and the
tax imposed by section 55 for the taxable year, reduced
by the sum of the credits allowable under this part for
the taxable year (other than under section 34).''
(d) Technical Amendments.--
(1) Subparagraph (C) of section 49(a)(1) of such Code is
amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
``, and'', and by adding at the end thereof the following new
clause:
``(iv) the basis of any new qualified
investment tax credit property and the cost of
any used qualified investment tax credit
property.''
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48(c)(5)'' before the period at the
end thereof.
(3) Paragraph (5) of section 50(a) of such Code is amended
by adding at the end thereof the following new subparagraph:
``(D) Special rules for certain property.--In the
case of any qualified investment tax credit property
which is 3-year property (within the meaning of section
168(e))--
``(i) the percentage set forth in clause
(ii) of the table contained in paragraph (1)(B)
shall be 66 percent,
``(ii) the percentage set forth in clause
(iii) of such table shall be 33 percent, and
``(iii) clauses (iv) and (v) of such table
shall not apply.''
(4)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(e) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 1992, under rules similar to the
rules of section 48(m) of the Internal Revenue Code of 1986 (as in
effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990). | Investment Tax Credit Act of 1993 - Amends the Internal Revenue Code to reinstate the ten-percent investment tax credit for property used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, waste disposal, or pollution control services. Allows such tax to offset 100 percent of a C corporation's minimum tax. | {"src": "billsum_train", "title": "Investment Tax Credit Act of 1993"} | 1,691 | 82 | 0.53566 | 1.257792 | 0.114167 | 5 | 22.222222 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare Extension and Marriage
Promotion Act of 2004''.
SEC. 2. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
GRANT PROGRAM THROUGH JUNE 30, 2004.
(a) In General.--Activities authorized by part A of title IV of the
Social Security Act (except section 403(a)(2) of such Act, as in effect
during fiscal year 2002), and by sections 510, 1108(b), and 1925 of
such Act, shall continue through June 30, 2004, in the manner
authorized for fiscal year 2002, notwithstanding section 1902(e)(1)(A)
of such Act, and out of any money in the Treasury of the United States
not otherwise appropriated, there are hereby appropriated such sums as
may be necessary for such purpose. Grants and payments may be made
pursuant to this authority through the third quarter of fiscal year
2004 at the level provided for such activities through the third
quarter of fiscal year 2002.
(b) Conforming Amendment.--Section 403(a)(3)(H)(ii) of the Social
Security Act (42 U.S.C. 603(a)(3)(H)(ii)) is amended by striking
``March 31'' and inserting ``June 30''.
SEC. 3. EXTENSION OF THE NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE
AND CHILD WELFARE WAIVER AUTHORITY THROUGH JUNE 30, 2004.
Activities authorized by sections 429A and 1130(a) of the Social
Security Act shall continue through June 30, 2004, in the manner
authorized for fiscal year 2002, and out of any money in the Treasury
of the United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose. Grants and
payments may be made pursuant to this authority through the third
quarter of fiscal year 2004 at the level provided for such activities
through the third quarter of fiscal year 2002.
SEC. 4. HEALTHY MARRIAGE PROMOTION GRANTS; REPEAL OF BONUS FOR
REDUCTION OF ILLEGITIMACY RATIO.
Section 403(a)(2) of the Social Security Act (42 U.S.C. 603(a)(2))
is amended to read as follows:
``(2) Healthy marriage promotion grants.--
``(A) Authority.--The Secretary shall award
competitive grants to States, territories, and tribal
organizations for not more than 50 percent of the cost
of developing and implementing innovative programs to
promote and support healthy, married, 2-parent
families.
``(B) Healthy marriage promotion activities.--Funds
provided under subparagraph (A) shall be used to
support any of the following programs or activities:
``(i) Public advertising campaigns on the
value of marriage and the skills needed to
increase marital stability and health.
``(ii) Education in high schools on the
value of marriage, relationship skills, and
budgeting.
``(iii) Marriage education, marriage
skills, and relationship skills programs, that
may include parenting skills, financial
management, conflict resolution, and job and
career advancement, for non-married pregnant
women and non-married expectant fathers.
``(iv) Pre-marital education and marriage
skills training for engaged couples and for
couples or individuals interested in marriage.
``(v) Marriage enhancement and marriage
skills training programs for married couples.
``(vi) Divorce reduction programs that
teach relationship skills.
``(vii) Marriage mentoring programs which
use married couples as role models and mentors
in at-risk communities.
``(viii) Programs to reduce the
disincentives to marriage in means-tested aid
programs, if offered in conjunction with any
activity described in this subparagraph.
``(C) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated for fiscal year
2004 $50,000,000 for grants under this paragraph.''.
SEC. 5. SECRETARY'S FUND FOR RESEARCH, DEMONSTRATIONS, AND TECHNICAL
ASSISTANCE.
Section 413 of the Social Security Act (42 U.S.C. 613) is amended
by adding at the end the following:
``(k) Funding for Research, Demonstrations, and Technical
Assistance.--Out of any money in the Treasury of the United States not
otherwise appropriated, there are appropriated $50,000,000 for fiscal
year 2004, which shall be available to the Secretary for the purpose of
conducting and supporting research and demonstration projects by public
or private entities, and providing technical assistance to States,
Indian tribal organizations, and such other entities as the Secretary
may specify that are receiving a grant under this part, which shall be
expended primarily on activities described in section 403(a)(2)(B), and
which shall be in addition to any other funds made available under this
part.''. | Welfare Extension and Marriage Promotion Act of 2004 - Extends through June 30, 2004, the activities authorized by part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) (except with respect to the bonus to reward decrease in illegitimacy ratio), and related activities with respect to the separate abstinence education program under SSA title V (Maternal and Child Health Services) and other matters, to be continued in the manner authorized for FY 2002. Makes necessary appropriations.
Extends through June 30, 2004, the national random sample study of child welfare under SSA title IV part A and child welfare waiver authority, to be continued in the manner authorized for FY 2002.
Amends part A of SSA title IV to replace provisions for bonus to reward decrease in illegitimacy ratio with provisions for healthy marriage promotion grants. Makes appropriations.
Provides funding for research, demonstrations, and technical assistance. | {"src": "billsum_train", "title": "To reauthorize the Temporary Assistance for Needy Families block grant program through June 30, 2004, and for other purposes."} | 1,117 | 212 | 0.666647 | 2.025158 | 0.678545 | 2.722222 | 5.25 | 0.822222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Impaired Driving Enforcement
Act of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) driving under the influence of, or after having used,
illegal drugs has become a significant problem worldwide;
(2) in 2002, over 35,000,000 persons in the United States
aged 12 or older had used illegal drugs in the past year and
almost 11,000,000 of these persons (5 percent of the total
population of the United States aged 12 or older and 31 percent
of past year illicit drug users) had driven under the influence
of, or after having used, illegal drugs in the past year;
(3) research has established that abuse of a number of
drugs can impair driving performance;
(4) according to the National Highway Traffic Safety
Administration, illegal drugs (often in combination with
alcohol) are used by approximately 10 to 22 percent of drivers
involved in all motor vehicles crashes;
(5) drug impaired drivers are less frequently detected,
prosecuted, or referred to treatment than drunk drivers;
(6) there is a lack of uniformity or consistency in the way
the 50 States approach drug impaired drivers;
(7) too few police officers have been trained to detect
drug impaired drivers, and too few prosecutors have been
trained to prove drug impaired driving cases beyond a
reasonable doubt;
(8) per se drug impaired driving laws, like those used for
driving under the influence of alcohol, are feasible and
represent a sound strategy for dealing with drug impaired
drivers and can assist in the prosecution of drug impaired
driving offenders; and
(9) while it is illegal in all States to drive a motor
vehicle while under the influence of alcohol, drugs other than
alcohol, or a combination of alcohol and other drugs, there is
no consistent method across States for identifying drug
impairment and the presence of drugs in the body.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to provide a model for States to implement and enforce
a drug impaired driving statute;
(2) to ensure drivers in need of drug education or
treatment are identified and provided with the appropriate
assistance;
(3) to advance research and development of testing
mechanisms and knowledge about drugged driving and its impact
on traffic safety; and
(4) to enhance the training of traffic safety officers and
prosecutors to detect, enforce, and prosecute drug impaired
driving laws.
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) Controlled substance.--The term ``controlled
substance'' includes substances listed in schedules I through V
of section 112(e) of the Controlled Substances Act (21 U.S.C.
812(e)).
(2) License.--The term ``license'' means any driver's
license or any other license or permit to operate a motor
vehicle issued under the laws of, or granted by, a State,
including--
(A) any temporary license or instruction permit;
(B) the privilege of any person to drive a motor
vehicle whether or not the person holds a valid
license; and
(C) any nonresident's operating privilege.
(3) Revocation.--The term ``revocation'' means the
termination by formal action of the State of a person's license
or privilege to operate a motor vehicle on the highways.
(4) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, and the
territories and possessions of the United States.
(5) Suspension.--The term ``suspension'' means the
temporary withdrawal by formal action of the State of a
person's license or privilege to operate a motor vehicle on the
highways.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(7) Inhalant.--The term ``inhalant'' means a household or
commercial product that can be used by inhaling for
intoxicating effect.
(8) Drug recognition expert.--The term ``drug recognition
expert'' means an individual trained in a specific evaluation
procedure that enables the person to determine whether an
individual is under the influence of drugs and then to
determine the type of drug causing the observable impairment.
SEC. 5. MODEL STATUTE.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary shall develop and provide to the
States a model statute relating to drug impaired driving which
incorporates the provisions described in this section.
(b) Mandatory Provisions.--Provisions of the model statute under
this section shall include, at a minimum, a provision that the crime of
drug impaired driving is committed when a person operates a motor
vehicle--
(1) while any detectable amount of a controlled substance
is present in the person's body, as measured in the person's
blood, urine, saliva, or other bodily substance; or
(2) due to the presence of a controlled substance or a
controlled substance in combination with alcohol or an
inhalant, or both, in the person's body, the person's mental or
physical faculties are affected to a noticeable or perceptible
degree.
(c) Discretionary Provisions.--Provisions of the model statute
under this section may include the following:
(1) Sanctions for refusing to submit to a test for the
presence of a controlled substance in a person's body which are
equivalent to sanctions for a positive test result.
(2) Lawful use of any controlled substance listed in
schedule II, III, IV, or V of section 112(c) of the Controlled
Substances Act (21 U.S.C. 812(c)) that was lawfully prescribed
by a physician licensed under State law is an affirmative
defense to a charge of drug impaired driving; except that the
affirmative defense shall not be available if it is shown that
the person's mental or physical faculties were impaired by such
use to a noticeable or perceptible degree.
(3) An appropriate system of evaluation, counseling,
treatment (if required), and supervision for persons convicted
of drug impaired driving.
(4) A graduated system of penalties for repeat offenses of
drug impaired driving, including, at a minimum, that a third or
subsequent offense within a 10-year period shall be a felony
punishable by imprisonment for more than a year.
(5) Authorization for States to suspend or revoke the
license of any driver upon receiving a record of the driver's
conviction of driving a motor vehicle while under the influence
of a controlled substance.
(6) Provisions that require a sentence of imprisonment
imposed for any drug impaired driving offense be served
consecutively, not concurrently, from a sentence imposed for
any other criminal act; except that a sentence imposed for the
same act of impaired driving may be imposed concurrently if the
additional conviction was based on an alternate theory of
culpability for the same act.
SEC. 6. USE OF GRANTS TO ENFORCE DRUG IMPAIRED DRIVING LAWS.
(a) General Authority.--Section 410(a)(1) of title 23, United
States Code, is amended by inserting ``and individuals driving while
under the influence of a controlled substance (as defined in section 4
of the Drug Impaired Driving Enforcement Act of 2004)'' before the
period at the end of the first sentence.
(b) Maintenance of Effort.--Section 410(a)(2) of such title is
amended by inserting ``and drug impaired driving traffic safety
programs'' before ``at or above''.
(c) Basic Grant.--Section 410(b)(1) of such title is amended by
inserting after subparagraph (G) the following:
``(H) Controlled substance programs.--The State
provides for at least one of the following programs:
``(i) Detection of controlled substances.--
A program to detect the unlawful presence of a
controlled substance (as defined in section 4
of the Drug Impaired Driving Enforcement Act of
2004) in the body of the operator of a motor
vehicle or on the person of any occupant of the
vehicle, including the operator.
``(ii) Model statute.--A program that
adopts and enforces on a statewide basis, at a
minimum, the mandatory provisions of the model
drug impaired driving statute developed by the
Secretary under section 5 of the Drug Impaired
Driving Enforcement Act of 2004.
``(iii) Counseling and treatment.--A
program to ensure that individuals who are
convicted of drug impaired driving are provided
counseling and treatment as necessary.
``(iv) Training.--A program to train law
enforcement officers and prosecutors in the
detection, investigation, and prosecution of
drug impaired driving, including training
provided by the National Highway Traffic Safety
Administration, the International Association
of the Chiefs of Police, or the American
Prosecutors Research Institute in drug
recognition expert techniques.
``(v) Education and research.--A program to
advance research in the area of drug impaired
driving and enhance communication of
advancements in research, technology, and
policy to key policymakers, prosecutors, law
enforcement and judges.''.
SEC. 7. RESEARCH AND DEVELOPMENT.
Section 403(b) of title 23, United States Code, is amended by
adding at the end the following:
``(5) New technology to detect drug use.
``(6) Research and development to improve testing
technology, including toxicology lab resources and field test
mechanisms to enable States to process toxicology evidence in a
more timely manner.
``(7) Determining per se impairment levels for controlled
substances (as defined in section 4 of the Drug Impaired
Driving Enforcement Act of 2004) and the compound effects of
alcohol and controlled substances on impairment to facilitate
enforcement of per se drug impaired driving laws. Research
under this paragraph shall be carried out in collaboration with
the National Institute on Drug Abuse of the National Institutes
of Health.''.
SEC. 8. GOALS FOR TRAINING.
Section 403 of title 23, United States Code, is amended by adding
at the end the following:
``(g) Training Goals.--For the purpose of enhancing the States'
ability to detect, enforce, and prosecute drug impaired driving laws,
the Secretary shall--
``(8) establish and carry out programs to enhance police
and prosecutor training efforts for enforcement of laws
relating to drug impaired driving and for development of
programs to improve enforcement of such laws;
``(9) ensure that drug impaired driving enforcement
training or drug recognition expert programs, or both, exist in
all 50 States and the District of Columbia by December 31,
2006;
``(10) ensure that at least 10 percent of State and local
police officers whose duties, entirely or partly, include
traffic monitoring or enforcement are trained to enforce drug
impaired driving laws and utilize new technologies or any
recognition training by December 31, 2010; and
``(11) ensure that at least 10 percent of State prosecutors
are trained to prosecute drug impaired driving laws by December
31, 2010.''.
SEC. 9. REPORTING.
(a) In General.--Not later than 18 months after the date of
enactment of this Act and annually thereafter, the Secretary shall
transmit to Congress a report on the progress being made in carrying
out this Act, including the amendments made by this Act.
(b) Contents.--The Secretary shall include in the report an
assessment of the status of uniform drugged driving laws in the United
States, new research and technologies in the area of drug impaired
driving enforcement.
SEC. 10. FUNDING.
Out of amounts appropriated to carry out section 403 of title 23,
United States Code, for fiscal years 2004 through 2009, the Secretary
shall use, at a minimum, $2,000,000 per fiscal year to carry out drug
impaired driving traffic safety programs, including the provisions of
this Act and the amendments made by this Act. | Drug Impaired Driving Enforcement Act of 2004 - Directs the Secretary of Transportation to develop and provide to the States a model statute relating to drug impaired driving which incorporates certain mandatory and discretionary provisions, including, at a minimum, a provision that the crime of drug impaired driving is committed when a person operates a motor vehicle: (1) while any detectable amount of a controlled substance is present in the person's body; or (2) due to the presence of a controlled substance or a controlled substance in combination with alcohol or an inhalant, or both, the person's mental or physical faculties are affected to a noticeable degree.
Specifies discretionary provisions, including: (1) sanctions for refusing to submit to a drug test which are equivalent to sanctions for a positive test result; (2) a system of evaluation, counseling, treatment, and supervision for persons convicted of drug impaired driving; (3) a graduated system of penalties for repeat offenses; and (4) authorization for States to suspend or revoke the license of a driver convicted of driving while under the influence of a controlled substance.
Amends Federal highway law to make grants available to States that adopt and implement effective programs to reduce traffic safety problems resulting from individuals driving while under the influence of a controlled substance. Makes basic grants available to States that provide for at least one of five enumerated programs aimed at enforcing laws against drug impaired driving.
Authorizes the Secretary to use certain funds for research and development in drug detection and testing technology.
Specifies certain training goals to enhance the State's ability to detect, enforce, and prosecute drug impaired driving laws. | {"src": "billsum_train", "title": "To amend title 23, United States Code, relating to improving safety and enforcement with respect to individuals operating motor vehicles while under the influence of, or having used, drugs."} | 2,582 | 357 | 0.603324 | 1.794719 | 0.659106 | 5.48254 | 7.714286 | 0.930159 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forced Abortion Condemnation Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Forced abortion was rightly denounced as a crime
against humanity by the Nuremberg War Crimes Tribunal.
(2) For over 15 years there have been frequent and credible
reports of forced abortion and forced sterilization in
connection with the population control policies of the People's
Republic of China. These reports indicate the following:
(A) Although it is the stated position of the
politburo of the Chinese Communist Party that forced
abortion and forced sterilization have no role in the
population control program, in fact the Communist
Chinese Government encourages both forced abortion and
forced sterilization through a combination of strictly
enforced birth quotas and immunity for local population
control officials who engage in coercion. Officials
acknowledge that there have been instances of forced
abortions and sterilization, and no evidence has been
made available to suggest that the perpetrators have
been punished.
(B) People's Republic of China population control
officials, in cooperation with employers and works unit
officials, routinely monitor women's menstrual cycles
and subject women who conceive without government
authorization to extreme psychological pressure, to
harsh economic sanctions, including unpayable fines and
loss of employment, and often to physical force.
(C) Official sanctions for giving birth to
unauthorized children include fines in amounts several
times larger than the per capita annual incomes of
residents of the People's Republic of China. In Fujian,
for example, the average fine is estimated to be twice
a family's gross annual income. Families which cannot
pay the fine may be subject to confiscation and
destruction of their homes and personal property.
(D) Especially harsh punishments have been
inflicted on those whose resistance is motivated by
religion. For example, according to a 1995 Amnesty
International report, the Catholic inhabitants of 2
villages in Hebei Province were subjected to population
control under the slogan ``better to have more graves
than one more child''. Enforcement measures included
torture, sexual abuse, and the detention of resisters'
relatives as hostages.
(E) Forced abortions in Communist China often have
taken place in the very late stages of pregnancy.
(F) Since 1994 forced abortion and sterilization
have been used in Communist China not only to regulate
the number of children, but also to eliminate those who
are regarded as defective in accordance with the
official eugenic policy known as the ``Natal and Health
Care Law''.
SEC. 3. DENIAL OF ENTRY INTO THE UNITED STATES OF PERSONS IN THE
PEOPLE'S REPUBLIC OF CHINA ENGAGED IN ENFORCEMENT OF
FORCED ABORTION POLICY.
The Secretary of State may not issue any visa to, and the Attorney
General may not admit to the United States, any national of the
People's Republic of China, including any official of the Communist
Party or the Government of the People's Republic of China and its
regional, local, and village authorities (except the head of state, the
head of government, and cabinet level ministers) who the Secretary
finds, based on credible information, has been involved in the
establishment or enforcement of population control policies resulting
in a woman being forced to undergo an abortion against her free choice,
or resulting in a man or woman being forced to undergo sterilization
against his or her free choice.
SEC. 4. WAIVER.
The President may waive the requirement contained in section 3 with
respect to a national of the People's Republic of China if the
President--
(1) determines that it is in the national interest of the
United States to do so; and
(2) provides written notification to the Congress
containing a justification for the waiver.
Passed the House of Representatives November 6, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Forced Abortion Condemnation Act - Prohibits the Secretary of State from issuing any visa to, and the Attorney General from admitting to the United States, any Chinese national (including any Communist Party official or Chinese Government official) that has been found to have been involved in the enforcement of population control policies resulting in a woman being forced to undergo an abortion against her free choice, or resulting in a man or woman being forced to undergo sterilization against his or her free choice. Authorizes the President to waive such prohibition if: (1) it is in the national interest of the United States; and (2) the Congress is notified in writing. | {"src": "billsum_train", "title": "Forced Abortion Condemnation Act"} | 866 | 142 | 0.417565 | 1.300946 | 0.527501 | 5.492063 | 6.333333 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unrecognized Southeast Alaska Native
Communities Recognition Act''.
SEC. 2. ESTABLISHMENT OF ADDITIONAL NATIVE CORPORATIONS IN SOUTHEAST
ALASKA.
Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C.
1615) is amended by adding at the end the following new subsection:
``(e)(1) The Native residents of each of the Native villages of
Haines, Ketchikan, Petersburg, and Wrangell, Alaska, may organize as an
Urban Corporation.
``(2) The Native residents of the Native village of Tenakee,
Alaska, may organize as a Group Corporation.
``(3) Nothing in this subsection shall affect any entitlement to
land of any Native Corporation pursuant to this Act or any other
provision of law.''.
SEC. 3. SHAREHOLDER ELIGIBILITY.
Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C.
1607) is amended by adding at the end the following new subsection:
``(d)(1) The Secretary shall enroll to each of the Urban
Corporations for Haines, Ketchikan, Petersburg, or Wrangell those
individual Natives who enrolled under this Act to Haines, Ketchikan,
Petersburg, or Wrangell, and shall enroll to the Group Corporation for
Tenakee those individual Natives who enrolled under this Act to
Tenakee.
``(2) Those Natives who, pursuant to paragraph (1), are enrolled to
an Urban Corporation for Haines, Ketchikan, Petersburg, or Wrangell, or
to a Group Corporation for Tenakee, and who were enrolled as
shareholders of the Regional Corporation for southeast Alaska on or
before March 30, 1973, shall receive 100 shares of Settlement Common
Stock in such Urban or Group Corporation.
``(3) A Native who has received shares of stock in the Regional
Corporation for southeast Alaska through inheritance from a decedent
Native who originally enrolled to Haines, Ketchikan, Petersburg,
Tenakee, or Wrangell, which decedent Native was not a shareholder in a
Village, Group or Urban Corporation, shall receive the identical number
of shares of Settlement Common Stock in the Urban Corporation for
Haines, Ketchikan, Petersburg, or Wrangell, or in the Group Corporation
for Tenakee, as the number of shares inherited by that Native from the
decedent Native who would have been eligible to be enrolled to such
Urban or Group Corporation.
``(4) Nothing in this subsection shall affect entitlement to land
of any Regional Corporation pursuant to section 12(b) or section
14(h)(8).''.
SEC. 4. DISTRIBUTION RIGHTS.
Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C.
1606) is amended--
(1) in subsection (j), by adding at the end the following
new sentence: ``Native members of the communities of Haines,
Ketchikan, Petersburg, Tenakee, and Wrangell who become
shareholders in an Urban or Group Corporation for such a
community shall continue to be eligible to receive
distributions under this subsection as at-large shareholders of
Sealaska Corporation.''; and
(2) by adding at the end the following new subsection:
``(r) No provision of the Unrecognized Southeast Alaska Native
Communities Recognition Act shall affect the ratio for determination of
distribution of revenues among Native Corporations under this section
of the Act and the 1982 Section 7(i) Settlement Agreement among the
Regional Corporations or among Village Corporations under subsection
(j).''.
SEC. 5. REPORT TO CONGRESS.
Not later than December 31, 1998, the Secretary of the Interior, in
consultation with the Secretary of Agriculture, representatives of the
Urban and Group Corporations established pursuant to section 16 of the
Alaska Native Claims Settlement Act (as added by section 2 of this
Act), and the Sealaska Corporation, shall submit to the Senate
Committee on Energy and Natural Resources and the House Committee on
Resources a report making recommendations to the Congress regarding
lands and other appropriate compensation to be provided to such Urban
and Group Corporations, including--
(1) local areas of historical, cultural, and traditional
importance to Alaska Natives from the villages of Haines,
Ketchikan, Petersburg, Tenakee, or Wrangell, that should be
conveyed to such Urban or Group Corporation, together with any
recommended limitations or stipulations regarding the use of
such lands, including possible restrictions on the harvest of
timber from such lands; and
(2) such additional forms of compensation as the Secretary
may recommend.
SEC. 6. MISCELLANEOUS.
(a) Planning Grants.--There are authorized to be appropriated such
sums as are necessary to provide the Native Corporations for the
communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell
with grants in the amount of $250,000 each, to be used only for
planning, development, and other purposes for which Native Corporations
are organized under the Alaska Native Claims Settlement Act.
(b) No Inference on Creation of Entitlement to Lands.--
Notwithstanding any provision of the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.), nothing in this Act or the amendments
made by this Act shall be construed to create any entitlement to
Federal lands for an Urban or Group Corporation established pursuant to
section 16 of the Alaska Native Claims Settlement Act (as added by
section 2 of this Act) without an Act of Congress enacted after the
date of the enactment of this Act. | Unrecognized Southeast Alaska Native Communities Recognition Act - Amends the Alaska Native Claims Settlement Act to permit the Native villages of: (1) Haines, Ketchikan, Petersburg, and Wrangell, Alaska to organize as an Urban Corporation; and (2) Tenakee, Alaska to organize as a Group Corporation. Mandates a specified report. Authorizes appropriations of such sums as are necessary to provide the Native Corporations with planning grants. | {"src": "billsum_train", "title": "Unrecognized Southeast Alaska Native Communities Recognition Act"} | 1,239 | 102 | 0.605682 | 1.750192 | 0.831878 | 4.35 | 13.65 | 0.9 |
SECTION 1. CERTAIN PAYMENTS MADE TO VICTIMS OF NAZI PERSECUTION
DISREGARDED IN DETERMINING ELIGIBILITY FOR AND THE AMOUNT
OF NEED-BASED BENEFITS AND SERVICES.
(a) In General.--Payments made to individuals because of their
status as victims of Nazi persecution shall be disregarded in
determining eligibility for and the amount of benefits or services to
be provided under any Federal or federally assisted program which
provides benefits or services based, in whole or in part, on need.
(b) Applicability.--Subsection (a) shall apply to determinations
made on or after the date of the enactment of this Act with respect to
payments referred to in subsection (a) made before, on, or after such
date.
(c) Prohibition Against Recovery of Value of Excessive Benefits or
Services Provided Due to Failure to Take Account of Certain Payments
Made to Victims of Nazi Persecution.--No officer, agency, or
instrumentality of any government may attempt to recover the value of
excessive benefits or services provided before the date of the
enactment of this Act under any program referred to in subsection (a)
by reason of any failure to take account of payments referred to in
subsection (a).
(d) Notice to Individuals Who May Have Been Denied Eligibility for
Benefits or Services Due to the Failure to Disregard Certain Payments
Made to Victims of Nazi Persecution.--Any agency of government that has
not disregarded payments referred to in subsection (a) in determining
eligibility for a program referred to in subsection (a) shall make a
good faith effort to notify any individual who may have been denied
eligibility for benefits or services under the program of the potential
eligibility of the individual for such benefits or services.
(e) Repayment of Additional Rent Paid Under HUD Housing Programs
Because of Failure to Disregard Reparation Payments.--
(1) Authority.--To the extent that amounts are provided in
appropriation Acts for payments under this subsection, the
Secretary of Housing and Urban Development shall make payments to
qualified individuals in the amount determined under paragraph (3).
(2) Qualified individuals.--For purposes of this subsection,
the term ``qualified individual'' means an individual who--
(A) has received any payment because of the individual's
status as a victim of Nazi persecution;
(B) at any time during the period beginning on February 1,
1993 and ending on April 30, 1993, resided in a dwelling unit
in housing assisted under any program for housing assistance of
the Department of Housing and Urban Development under which
rent payments for the unit were determined based on or taking
into consideration the income of the occupant of the unit;
(C) paid rent for such dwelling unit for any portion of the
period referred to in subparagraph (B) in an amount determined
in a manner that did not disregard the payment referred to in
subparagraph (A); and
(D) has submitted a claim for payment under this subsection
as required under paragraph (4).
The term does not include the successors, heirs, or estate of an
individual meeting the requirements of the preceding sentence.
(3) Amount of payment.--The amount of a payment under this
subsection for a qualified individual shall be equal to the
difference between--
(A) the sum of the amount of rent paid by the individual
for rental of the dwelling unit of the individual assisted
under a program for housing assistance of the Department of
Housing and Urban Development, for the period referred to in
paragraph (2)(B), and
(B) the sum of the amount of rent that would have been
payable by the individual for rental of such dwelling unit for
such period if the payments referred to in paragraph (2)(A)
were disregarded in determining the amount of rent payable by
the individual for such period.
(4) Submission of claims.--A payment under this subsection for
an individual may be made only pursuant to a written claim for such
payment by such individual submitted to the Secretary of Housing
and Urban Development in the form and manner required by the
Secretary before--
(A) in the case of any individual notified by the
Department of Housing and Urban Development orally or in
writing that such specific individual is eligible for a payment
under this subsection, the expiration of the 6-month period
beginning on the date of receipt of such notice; and
(B) in the case of any other individual, the expiration of
the 12-month period beginning on the date of the enactment of
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Disregards payments made to victims of Nazi persecution in determining eligibility for and the amount of need-based benefits and services under any Federal or federally assisted program.
Requires any agency of government that has not disregarded such payments in determining eligibility for a Federal or federally assisted program to make a good faith effort to notify any individual who may have been denied benefits or services eligibility under the program of the individual's potential eligibility for such benefits or services.
Directs the Secretary of Housing and Urban Development (HUD) to repay qualified individuals any additional rent paid under HUD housing programs because of failure to disregard reparation payments. | {"src": "billsum_train", "title": "To require certain payments made to victims of Nazi persecution to be disregarded in determining eligibility for and the amount of benefits or services based on need."} | 1,012 | 135 | 0.681389 | 2.028821 | 0.754498 | 5.186441 | 7.838983 | 0.966102 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smart Technologies for Communities
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congestion on our roadways is hampering American's
daily lives, slowing down commerce, polluting the environment
we live in, and wasting fuel. It is estimated that in our
metropolitan communities, the average commuter wasted 34 hours
in 2009 sitting in traffic, resulting in 3,900,000,000 gallons
of wasted fuel and costing more than $115,000,000,000 annually.
With our growing population and demand for freight
transportation expected to double by 2035, failure to address
traffic congestion adds to the cost of goods movement and
threatens the Nation's economic competitiveness and quality of
life.
(2) Even with a record decline in traffic fatalities in
2009, nearly 34,000 people were killed on United States roads,
the equivalent of more than 200 fully loaded 737 airliners. The
economic cost alone of traffic fatalities and injuries has been
estimated at $230,000,000,000 each year.
(3) The transportation sector contributes nearly one-third
of the Nation's carbon dioxide emissions, while wasted fuel
from idling vehicles and stop-and-go traffic puts family
budgets in the red, drives up the cost of goods and services,
and increases our Nation's dependence on foreign oil.
(4) The United States cannot continue to simply build our
way into a safer, cleaner, and more efficient transportation
system. We must make better use of the tools that are
available, including intelligent transportation systems (ITS),
to actively manage our transportation network to improve
safety, efficiency, and multimodal connectivity.
(5) Technology solutions are available today to help cities
and States reduce congestion and emissions, make our roads and
transit systems safer, and provide the public with improved
access to transportation options and real-time information to
make efficient travel decisions.
(6) Transitioning to electric and other alternative fueled
vehicles requires the integration of intelligent transportation
systems with the Smart Grid and other energy distribution and
charging systems.
(7) ITS technologies are cost effective and quick to
deploy, with solutions like synchronized and adaptive traffic
signals yielding a $40 return in time and fuel savings for
every $1 invested while also reducing carbon dioxide emissions
up to 22 percent and travel delays by 25 percent. The
Government Accountability Office found the benefit-cost ratio
of a nationwide real-time traffic information system to be 25
to 1, with a $1,200,000,000 investment returning more than
$30,000,000,000 in safety, mobility, and environmental
benefits. The overall benefit-cost ratio of ITS-enabled
operational improvements is estimated at 9 to 1, a significant
return on investment when compared to the addition of new
highway capacity which has an estimated benefit-to-cost ratio
of 2.7 to 1.
(8) An estimated 31 percent of traffic crashes could be
prevented or have their impact reduced through the deployment
of collision avoidance technologies, according to the Insurance
Institute for Highway Safety. Moreover, the Department of
Transportation estimates that a comprehensive vehicle-to-
vehicle and vehicle-to-infrastructure communications network
could potentially prevent or reduce the impact of 81 percent of
all unimpaired vehicle crashes. For ITS technologies like
vehicle-to-vehicle and vehicle-to-infrastructure
communications, a national coordinated deployment structure is
important for ensuring uniform standards and regulations that
ensure interoperability and stability.
(9) Transitioning to a more efficient, performance-based
transportation network requires ITS technologies to provide
accurate, real-time traffic and multimodal transportation
system information necessary for measuring performance, as well
as for actively managing the transportation network to optimize
capacity and meet or exceed system performance goals.
(10) Effective transportation financing mechanisms of today
and tomorrow depend on ITS to be viable, including electronic
toll collection, dynamic pricing, integrated payment systems
for transit, tolls, parking and other services, and potential
future alternatives such as variable mileage-based user fees.
(11) Investing in ITS creates good jobs, with an average of
50 percent of ITS project spending going directly to wages and
salaries as compared to 20 percent for new highway
construction. Researchers from the London School of Economics
and the Information Technology and Innovation Foundation
(referred to in this section as ``ITIF'') have found that
investing in ITS creates a network effect throughout the
economy and stimulates job creation across multiple sectors,
including green jobs, high-tech, automotive, information
technology, consumer electronics, and related industries. In
addition, investing in ITS provides a foundation for long-term
benefits including government cost savings, economy-wide
productivity, and an improved quality of life.
(12) The lack of national investment in ITS has caused the
Nation to fall behind other world innovation leaders. A 2010
ITIF report found that the United States is lagging behind
Japan, South Korea, Singapore, and other leading Asian and
European nations in the deployment of ITS technologies with
countries like China beginning to invest heavily in the
deployment of transportation technology. These countries have
generated significant benefits for their citizens, economy, and
environment by investing heavily in ITS solutions. In order to
strengthen the Nation's economic competitiveness and quality of
life, it is in the interest of the United States to encourage
the accelerated development and deployment of intelligent
transportation systems.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Eligible entity.--The term ``eligible entity'' means a
State or local government, including a territory of the United
States, tribal government, transit agency, port authority,
metropolitan planning organization, or other political
subdivision of a State or local government or a multi-State or
multi-jurisdictional group applying through a single lead
applicant.
(2) ITS.--The term ``ITS'' means intelligent transportation
systems.
(3) Multi-jurisdictional group.--The term ``multi-
jurisdictional group'' means a combination of State
governments, locals governments, metropolitan planning
agencies, transit agencies, or other political subdivisions of
a State that have signed a written agreement to implement the
Smart Communities Technology Initiative across jurisdictional
boundaries. Each member of the group, including the lead
applicant, must be an eligible entity to receive a grant under
this Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 4. SMART COMMUNITIES TECHNOLOGY INITIATIVE.
(a) Establishment of Program.--Not later than 6 months after the
date of enactment of this Act, the Secretary shall establish a Smart
Communities Technology Initiative to provide grants to eligible
entities to develop pilot programs to serve as model deployment sites
for large scale installation and operation of ITS to improve safety,
efficiency, system performance, and return on investment. The Secretary
shall develop criteria for selection of an eligible entity to receive a
grant, including how the deployment of technology will enable the
recipient--
(1) to reduce costs and improve return on investments,
including through the enhanced utilization of existing
transportation capacity;
(2) to deliver environmental benefits and reduce energy
consumption by alleviating congestion and streamlining traffic
flow;
(3) to measure and improve the operational performance of
its transportation network;
(4) to reduce the number and severity of traffic collisions
and increase driver, passenger, and pedestrian safety;
(5) to collect, disseminate, and utilize real-time traffic,
transit, parking, and other transportation-related information
to improve mobility, reduce congestion, and provide for more
efficient and accessible transportation alternatives;
(6) to monitor transportation assets to improve
infrastructure management, reduce maintenance costs, prioritize
investment decisions, and ensure a state of good repair; and
(7) to deliver economic benefits by reducing delays,
improving system performance, and providing for the efficient
and reliable movement of goods and services.
(b) Request for Applications.--Not later than 6 months after the
date of enactment of this Act, the Secretary shall request applications
in accordance with section 5 for participation in the Smart Communities
Technology Initiative.
SEC. 5. GRANT PROGRAM.
(a) Grant Application.--To be considered for a grant under this
Act, an eligible entity shall submit an application to the Secretary
that includes the following:
(1) Deployment plan.--A plan to deploy and provide for the
long-term operation and maintenance of intelligent
transportation systems to improve safety, efficiency, system
performance, and return on investment, such as--
(A) real-time integrated traffic, transit, and
multimodal transportation information;
(B) advanced traffic, freight, parking, and
incident management systems;
(C) collision avoidance systems;
(D) advanced technologies to improve transit and
commercial vehicle operations;
(E) synchronized, adaptive, and transit
preferential traffic signals;
(F) advanced infrastructure condition assessment
technologies; and
(G) other technologies to improve system
operations, including ITS applications necessary for
multimodal systems integration and for achieving
performance goals.
(2) Objectives.--Quantifiable system performance
improvements, including reducing traffic-related crashes,
congestion, and costs, optimizing system efficiency, and
improving access to transportation services.
(3) Results.--Quantifiable safety, mobility, and
environmental benefit projections including data driven
estimates of how the project will improve the region's
transportation system efficiency and reduce traffic congestion.
(4) Partnerships.--A plan for partnering with the private
sector, public agencies including multimodal and
multijurisdictional entities, research institutions,
organizations representing transportation and technology
leaders, and other transportation stakeholders.
(5) Leveraging.--A plan to leverage and optimize existing
local and regional ITS investments.
(6) Interoperability.--A plan to ensure interoperability of
deployed technologies with other tolling, traffic management,
and intelligent transportation systems.
(b) Grant Selection.--
(1) Grant awards.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall award a grant to not
more than 6 eligible entities with funds available for up to 5
fiscal years.
(2) Geographic diversity.--In awarding a grant under this
section, the Secretary shall ensure, to the extent practicable,
that grant recipients represent diverse geographic areas of the
United States, including urban, suburban, and rural areas.
SEC. 6. USES OF FUNDS.
A grant recipient may use funds authorized in this Act to deploy,
operate, and maintain ITS and ITS-enabled operational strategies,
including--
(1) advanced traveler information systems;
(2) advanced transportation management technologies;
(3) infrastructure maintenance, monitoring, and condition
assessment;
(4) advanced public transportation systems;
(5) transportation system performance data collection,
analysis, and dissemination systems;
(6) advanced safety systems, including vehicle-to-vehicle
and vehicle-to-infrastructure communications and other
collision avoidance technologies;
(7) integration of intelligent transportation systems with
the Smart Grid and other energy distribution and charging
systems;
(8) electronic pricing and tolling systems; and
(9) advanced mobility and access technologies, such as
dynamic ridesharing and information systems to support human
services for elderly and disabled Americans.
SEC. 7. REPORTS.
(a) Report to Secretary.--Not later than 1 year after an eligible
entity receives a grant award under this Act and each year thereafter,
each grant recipient shall submit a report to the Secretary that
describes--
(1) deployment and operational cost compared to the
benefits and savings from the pilot program and compared to
other alternative approaches; and
(2) how the project has met the original expectation as
projected in the deployment plan submitted with the
application, including--
(A) data on how the program has helped reduce
traffic crashes, congestion, costs, and other benefits
of the deployed systems;
(B) data on the effect of measuring and improving
transportation system performance through the
deployment of advanced technologies;
(C) the effectiveness of providing real-time
integrated traffic, transit, and multimodal
transportation information to the public to make
informed travel decisions; and
(D) lessons learned and recommendations for future
deployment strategies to optimize transportation
efficiency and multimodal system performance.
(b) Report to Congress.--Not later than 2 years after grants have
been allocated and each year thereafter, the Secretary shall submit a
report to Congress that describes the effectiveness of grant recipients
in meeting their projected deployment plan, including data on how the
program has--
(1) reduced traffic-related fatalities and injuries;
(2) reduced traffic congestion and improved travel time
reliability;
(3) reduced transportation-related emissions;
(4) optimized multimodal system performance;
(5) improved access to transportation alternatives;
(6) provided the public with access to real-time integrated
traffic, transit, and multimodal transportation information to
make informed travel decisions;
(7) provided cost savings to transportation agencies,
businesses, and the traveling public; and
(8) provided other benefits to transportation users and the
general public.
(c) Additional Grants.--If the Secretary determines from a grant
recipient's reports that the recipient is not carrying out the
requirements of the grant, the Secretary may cease to provide any
additional grant funds to the recipient. The Secretary shall have the
authority to redistribute remaining funds to select additional eligible
entities for pilot programs under this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding.--
(1) In general.--There are authorized to be appropriated
out of the Highway Trust Fund to carry out this Act--
(A) $100,000,000 for fiscal year 2012;
(B) $300,000,000 for fiscal year 2013;
(C) $200,000,000 for fiscal year 2014;
(D) $200,000,000 for fiscal year 2015;
(E) $200,000,000 for fiscal year 2016; and
(F) $200,000,000 for fiscal year 2017.
(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that such funds shall not be
transferable, the obligation limitations shall not apply to
such funds, and shall remain available until expended.
(b) Grant Limitation.--The Secretary may not award more than 25
percent of the amount appropriated under this Act to a single grant
recipient.
(c) Expenses for Grant Recipients.--A grant recipient under this
Act may use not more than 5 percent of the grant award each fiscal year
to carry out planning and reporting requirements.
(d) Expenses for Secretary.--Before awarding grant funds under this
Act, the Secretary may set aside $3,000,000 each fiscal year for
program reporting, evaluation, and administrative costs. | Smart Technologies for Communities Act - Directs the Secretary of Transportation (DOT) to establish the Smart Communities Technology Initiative to provide grants to eligible entities to develop pilot programs to serve as model deployment sites for large scale installation and operation of intelligent transportation systems (ITS) to improve safety, efficiency, system performance, and return on investment. | {"src": "billsum_train", "title": "To improve transportation safety, efficiency, and system performance through innovative technology deployment and operations."} | 3,082 | 67 | 0.411524 | 1.130916 | 0.654193 | 6.15625 | 47.40625 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Broadcasting Protection
Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Since the creation of low-power television licenses by
the Federal Communications Commission, a small number of
license holders have operated their stations in a manner most
beneficial to the public good. Many of these stations have
provided broadcasting to their communities that would not
otherwise have been available.
(2) These low-power broadcasters have operated their
stations in a manner consistent with the programming objectives
and hours of operation of full-power broadcasters. These small
stations have provided these worthwhile services to their
respective communities while under severe license limitations
compared to their full-power counterparts.
(3) These license limitations, particularly the temporary
nature of the license, have blocked many of these broadcasters
from having access to capital, and have severely hampered their
ability to continue to provide quality broadcasting,
programming, or improvements.
(4) The passage of the Telecommunications Act of 1996 has
added to the uncertainty of the future status of these stations
by the lack of specific provisions regarding the permanency of
their licenses, or their treatment during the transition to
high definition, digital television.
SEC. 3. PRESERVATION OF LOW-POWER COMMUNITY TELEVISION BROADCASTING.
(a) Amendment.--Section 336 of the Communications Act of 1934 (47
U.S.C. 334) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Preservation of Low-Power Community Television
Broadcasting.--
``(1) Creation of class a licenses.--Within 30 days after
the date of enactment of the Community Broadcasting Protection
Act of 1997, the Commission shall prescribe regulations to
establish a class A license for qualifying low-power television
stations. Such license shall be subject to the same license
term and renewal standards as the licenses for full-power
television stations, and shall be accorded primary status as
television broadcasters under the Commission's regulations.
Within 30 days after such date, the Commission shall send a
notice to the licensees of all low-power television licenses of
the terms of this section. The Commission shall, within 30 days
after receipt of an application that is acceptable for filing,
award such a class A television station license to any licensee
of a qualifying low-power television station who submits such
application within 90 days after receipt of such notice.
``(2) Qualifying low-power television stations.--For
purposes of this subsection, a station is a qualifying low-
power television station if--
``(A) during the 90 days preceding the date of
enactment of the Community Broadcasting Protection Act
of 1997--
``(i) such station broadcast a minimum of
18 hours per day;
``(ii) such station broadcast an average of
at least 3 hours per week of programming that
was produced within the community of license of
such station; and
``(iii) such station was in compliance with
the requirements applicable to low-power
television stations; or
``(B) the Commission determines that the public
interest, convenience, and necessity would be served by
treating the station as a qualifying low-power
television station for purposes of this section.
``(3) Issuance of licenses for advanced television services
to qualifying low-power television stations not required.--The
Commission is not required to issue any additional licenses for
advanced television services to the licensees of the class A
television stations. Such a licensee may, at the option of
licensee, elect to convert to the provision of advanced
television services, but shall not be required to provide such
services until the Commission requires the use of digital or
other advanced technologies by full-power television stations.
``(4) Preservation of class a stations.--Except as
expressly permitted by this paragraph, no licensee of a class A
television station shall be required to cease operations, nor
shall the license of such a licensee be rescinded or otherwise
terminated, for the purposes of implementing any amendments to
the table of allotments adopted before the date of enactment of
the Community Broadcasting Protection Act of 1997 to provide
additional licenses for advanced television services. The
Commission may order such a cessation, rescission, or
termination only after compliance with the following
requirements:
``(A) The Commission shall revise such table of
allotments to preserve each class A station unless the
preservation of such station (i) would render
impossible the assignment of an additional license for
advanced television services to a full-power station,
or (ii) would require the Commission to revoke or
rescind a construction permit issued to such full-power
station.
``(B) If the Commission cannot revise the table of
allotments to preserve a class A station as required by
subparagraph (A), the Commission shall, to the maximum
extent possible, revise the table of allotments to
preserve the class A station in the same community of
license, using the same facilities, by assigning to
such station a different frequency.
``(C) If the Commission cannot revise the table of
allotments to preserve a class A station as required by
subparagraph (A) or (B), the Commission shall seek to
provide such licensee with a class A license in a
community of license that is adjacent to the station's
previous community of license.
``(D) If the Commission cannot preserve a class A
station as required by subparagraph (A), (B), or (C),
the Commission shall award such licensee the license
for another station in another community of license
acceptable to the licensee, to the extent that the
license for such other station is available. Such a
licensee shall be preferred in the award of such other
station license over any other applicant (other than
another licensee of a class A television station that
is required to relinquish its existing license).''. | Community Broadcasting Protection Act of 1997 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to prescribe regulations to establish a class A license for qualifying low-power television (LPT) stations. Requires notification of LPT licensees of the availability of such license. Defines as a qualifying LPT station one which in the 90 days preceding enactment of this Act: (1) broadcast for at least 18 hours per day; (2) broadcast for at least three hours weekly programming that was produced within the community of license of such station; and (3) complied with other requirements applicable to LPT stations. Allows the FCC to treat non-qualifying stations as LPT stations under this Act if public interest, convenience, and necessity would be so served.
Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations; and (2) no licensee of a class A television station shall be required to cease operations, or have a license rescinded or terminated, due to the implementation of amendments to the table of allotments adopted before the enactment of this Act. Allows the FCC to order such a cessation, rescission, or termination only after compliance with specified requirements. | {"src": "billsum_train", "title": "Community Broadcasting Protection Act of 1997"} | 1,349 | 294 | 0.562259 | 1.555146 | 0.834456 | 3.88755 | 5.104418 | 0.86747 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Support Uniformed
Patriots; Prevent Offenses and Restore Trust Act'' or the ``SUPPORT
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sexual assault prevention and response training for
administrators and instructors of the
Reserve Officers' Training Corps.
Sec. 3. Strategy to prevent retaliation against members of the Armed
Forces who report or intervene on behalf of
the victim in instances of sexual assault.
Sec. 4. Department of Defense civilian employee access to Special
Victims' Counsel.
Sec. 5. Improvements to Special Victims' Counsel program.
Sec. 6. Improved Department of Defense prevention and response to
sexual assaults in which the victim is a
male member of the Armed Forces.
Sec. 7. Additional guidance regarding the use of mental health records.
Sec. 8. Improvements to the implementation of changes to the Uniform
Code of Military Justice.
SEC. 2. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING FOR
ADMINISTRATORS AND INSTRUCTORS OF THE RESERVE OFFICERS'
TRAINING CORPS.
(a) Training and Education Required.--The Secretary of a military
department shall ensure that the commander of each unit of the Junior
Reserve Officers' Training Corps or Senior Reserve Officers' Training
Corps and all Professors of Military Science, senior military
instructors, and civilian employees detailed, assigned, or employed as
administrators and instructors of the Reserve Officers' Training Corps
receive regular sexual assault prevention and response training and
education.
(b) Availability of Legal Assistance and Sexual Assault Prevention
and Response Program Services.--The Secretary of a military department
shall ensure that information regarding the availability of legal
assistance and the services of the sexual assault prevention and
response program of the Department of Defense is made available to the
Reserve Officers' Training Corps personnel referred to in subsection
(a).
SEC. 3. STRATEGY TO PREVENT RETALIATION AGAINST MEMBERS OF THE ARMED
FORCES WHO REPORT OR INTERVENE ON BEHALF OF THE VICTIM IN
INSTANCES OF SEXUAL ASSAULT.
(a) Strategy Required.--The Secretary of Defense shall establish a
comprehensive strategy to prevent retaliation carried out by members of
the Armed Forces against other members who report or otherwise
intervene on behalf of the victim in instances of sexual assault.
(b) Elements.--The comprehensive strategy required by subsection
(a) shall include, at a minimum, the following:
(1) Bystander intervention programs emphasizing the
importance of guarding against such retaliation.
(2) Department of Defense and military department policies
and requirements to ensure protection from retaliation against
victims of sexual assault and members who intervene on behalf
of a victim.
(3) Additional training for commanders on methods and
procedures to combat attitudes and beliefs that lead to acts of
retaliation by members.
(c) Retaliation Described.--For purposes of this section, the term
``retaliation'' has the meaning given that term in the regulations
issued by the Secretary of Defense pursuant to section 1709(b)(1) of
the National Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66; 10 U.S.C. 113 note) and shall include ostracism and other acts
of maltreatment designated by the Secretary pursuant to subparagraph
(B) of such section.
(d) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall brief the
Committees on Armed Services of the Senate and the House of
Representatives on the comprehensive strategy required by subsection
(a).
SEC. 4. DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEE ACCESS TO SPECIAL
VICTIMS' COUNSEL.
Section 1044(a) of title 10, United States Code, is amended by
adding the following new paragraph:
``(8) In any instance in which the victim of a sex-related
offense is a Department of Defense civilian employee, the
Secretary of Defense or the Secretary of a military department
may waive the limitation outlined in paragraph (7) in order to
permit the civilian employee to obtain the services of a
Special Victims' Counsel under section 1044e of this title.''.
SEC. 5. IMPROVEMENTS TO SPECIAL VICTIMS' COUNSEL PROGRAM.
(a) Qualifications and Designation.--Section 1044e(d) of title 10,
United States Code, is amended--
(1) by inserting ``(1)'' before ``An individual'';
(2) by designating existing paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following new paragraphs:
``(2) The Secretary of Defense shall direct the Secretary of each
military department to implement additional selection criteria
requiring that judge advocates have adequate criminal justice
experience before they are assigned as Special Victims' Counsel.
``(3) The Secretary of Defense shall develop a policy to
standardize both the timeframe within which Special Victims' Counsel
receive training and the training that each Special Victims' Counsel
receives.''.
(b) Administrative Responsibility.--Section 1044e(e) of title 10,
United States Code, is amended by adding at the end the following new
paragraphs:
``(3) The Secretary of Defense shall establish appropriate program
performance measures and standards, including evaluating, monitoring,
and reporting on the Special Victims' Counsel programs, establishing
guiding principles for the military departments, and ensuring
centralized, standardized assessment of program effectiveness and
client satisfaction.
``(4) The Secretary of Defense shall direct the Secretary of each
military department to perform regular evaluations to ensure that
Special Victims' Counsel are assigned to locations that maximize the
opportunity for face-to-face interactions between counsel and clients
and to develop effective means by which a Special Victims' Counsel may
communicate with a client when face-to-face communication is not
feasible.''.
SEC. 6. IMPROVED DEPARTMENT OF DEFENSE PREVENTION AND RESPONSE TO
SEXUAL ASSAULTS IN WHICH THE VICTIM IS A MALE MEMBER OF
THE ARMED FORCES.
(a) Revised Training.--The Secretary of Defense shall direct the
Under Secretary of Defense for Personnel and Readiness, in
collaboration with the Secretaries of the military services, to revise
sexual assault prevention and response training to more comprehensively
and directly address the incidence of male servicemembers being
sexually assaulted and how certain behavior and activities--like
hazing--can constitute a sexual assault.
(b) Evaluation of Differences in Medical and Mental Health-Care
Needs.--The Secretary of Defense shall direct the Assistant Secretary
of Defense for Health Affairs, in collaboration with the services'
Surgeons General, to systematically evaluate the extent to which
differences exist in the medical and mental health-care needs of male
and female sexual assault victims, and the care regimen, if any, that
will best meet those needs.
(c) Improved Data Collection and Use.--The Secretary of Defense
shall direct the Under Secretary of Defense for Personnel and
Readiness, in collaboration with the Secretaries of the military
services, to develop--
(1) a plan for data-driven decisionmaking for male victim
sexual assault prevention and response program efforts; and
(2) clear goals with associated metrics to drive the
changes needed to address sexual assaults of males.
(d) Improved Information to Members.--The Secretary of Defense
shall direct the Under Secretary of Defense for Personnel and
Readiness, in collaboration with the Secretaries of the military
services, to include information about the sexual victimization of
males in communications to servicemembers that are used to raise
awareness of sexual assault and the department's efforts to prevent and
respond to it.
(e) Improved Guidelines for Providers.--The Secretary of Defense
shall direct the Assistant Secretary of Defense for Health Affairs
should, in collaboration with the services' Surgeons General, to
develop and issue guidance for the department's medical and mental
health providers--and other personnel, as appropriate--based on the
results of this evaluation that delineates these gender-specific
distinctions and the care regimen that is recommended to most
effectively meet those needs.
SEC. 7. ADDITIONAL GUIDANCE REGARDING THE USE OF MENTAL HEALTH RECORDS.
The Secretary of Defense shall establish and issue uniform guidance
to ensure that mental health records are neither sought from a medical
treatment facility by investigators or military justice practitioners
nor acknowledged or released by medical treatment facility personnel
until the production of such mental health records have been ordered by
a military judge or Article 32 hearing officer.
SEC. 8. IMPROVEMENTS TO THE IMPLEMENTATION OF CHANGES TO THE UNIFORM
CODE OF MILITARY JUSTICE.
The Secretary of Defense shall examine the Department of Defense
and interagency review process for implementing statutory changes to
the Uniform Code of Military Justice and should explore options for
streamlining these procedures. The Secretary shall adopt procedures
that ensure that legal guidance is published as statutory changes to
the Uniform Code of Military Justice are implemented. | Support Uniformed Patriots; Prevent Offenses and Restore Trust Act or the SUPPORT Act This bill directs the Secretary of a military department to ensure that: the commander of each unit of the Junior Reserve Officers' Training Corps or Senior Reserve Officers' Training Corps and all professors of military science, senior military instructors, and civilian employees assigned or employed as administrators and instructors of the Reserve Officers' Training Corps receive sexual assault prevention and response training and education; and information regarding legal assistance and the services of the Department of Defense (DOD) sexual assault prevention and response program is made available to such Reserve Officers' Training Corps personnel. The Secretary of DOD (Secretary) shall establish a strategy to prevent retaliation by members of the Armed Forces against other members who report or otherwise intervene on behalf of sexual assault victims. The Secretary or the Secretary of a military department may permit a DOD civilian employee who is a victim of a sex-related offense to obtain the services of a Special Victims' Counsel. The Secretary is directed to improve the Special Victims' Counsel program regarding: (1) criminal justice experience for judge advocates, (2) counsel training, (3) program performance standards, and (4) increased counsel-client communication. The Secretary shall: provide for revised sexual assault prevention and response training to address the incidence of male service members being sexually assaulted, and appropriate DOD mental and medical care (including improved provider guidelines) for male victims; ensure that mental health records are neither sought from a medical treatment facility by investigators or military justice practitioners nor acknowledged or released by medical treatment facility personnel until their production has been ordered by a military judge or Article 32 hearing officer; and examine DOD and interagency review process for implementing statutory changes to the Uniform Code of Military Justice and explore streamlining options. | {"src": "billsum_train", "title": "SUPPORT Act"} | 2,077 | 393 | 0.708351 | 2.248944 | 0.821306 | 5.002849 | 5.165242 | 0.945869 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment in After-School Programs
Act of 2008''.
SEC. 2. AFTER-SCHOOL PROGRAMS.
Subtitle D of the Consolidated Farm and Rural Development Act is
amended by inserting after section 365 (7 U.S.C. 2008) the following:
``SEC. 366. AFTER-SCHOOL PROGRAMS.
``(a) Purpose.--The purpose of this section is to enhance after-
school programs in rural areas by helping communities--
``(1) to establish after-school programs; and
``(2) to improve existing programs by overcoming barriers
to service.
``(b) Definitions.--In this section:
``(1) After-school program.--The term `after-school
program' means a program that carries out a broad array of
activities during periods when school is not in session (such
as before school, after school, or during summer recess and
other vacation periods) that advance student academic
achievement and promote positive youth development.
``(2) Eligible entity.--The term `eligible entity' means a
local educational agency (as such term is defined in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)), community-based organization, another public or
private entity, or a consortium of 2 or more such agencies,
organizations, or entities.
``(3) Rural area.--The term `rural area' means an area that
is served by an elementary or secondary school that is
designated with a school locale code of Distant Town, Remote
Town, Fringe Rural, Distant Rural, or Remote Rural, as
determined by the Secretary of Education.
``(c) Grants.--
``(1) In general.--The Secretary shall make grants to
eligible entities to improve, expand, or establish after-school
programs in rural areas.
``(2) Requirement.--Each grant under this section shall be
in an amount of not less than $50,000.
``(d) Duration.--
``(1) Term of grant.--The term of a grant under this
section may not be for less than 3 years.
``(2) Renewal.--The Secretary may renew a grant under this
section for a period of not less than 3 years, based on the
performance of the eligible entity during the previous grant
term.
``(e) Uses.--As a condition of the receipt of a grant under this
section, an eligible entity shall use the grant to fund projects and
activities described in subsection (c), including transportation,
professional development, training, recruitment and retention of staff,
increasing access to technology, and planning.
``(f) Evaluation.--The Secretary may use not more than 1 percent of
the funds under this section--
``(1) to conduct evaluations of the effectiveness of
programs and activities assisted under subsection (c); and
``(2) to disseminate the results of those evaluations for
the purpose of refining, improving, and strengthening programs.
``(g) Outreach, Training, and Technical Assistance.--The Secretary
may use not more than 3 percent of the funds made available to carry
out this section--
``(1) to conduct outreach, including bidders' conferences,
to ensure widespread knowledge of the availability of resources
described in subsection (c);
``(2) to disseminate information on best practices and
successful program models for serving children and youth in
rural areas; and
``(3) to provide capacity building, training, and technical
assistance to afterschool programs and providers in rural
areas.
``(h) Application.--
``(1) In general.--To be considered for a grant under this
section, each eligible entity shall submit to the Secretary an
application at such time, in such manner, and accompanied by
such information as the Secretary may require.
``(2) Contents.--An application submitted pursuant to
paragraph (1) shall include--
``(A) a description of the after-school program to
be funded, including--
``(i) an assurance that the program will
take place in a safe and easily accessible
facility;
``(ii) a description of how children and
youth participating in the program will travel
safely between the program site and home;
``(iii) a description of how the eligible
entity will disseminate information about the
program, including the location of the program,
to the community in a manner that is
understandable and accessible; and
``(iv) a description of the services to be
provided to children and youth, the roles and
responsibilities of the partners in providing
the services, and how the services enhance an
existing after-school program;
``(B) an assurance that the proposed program was
developed, and will be carried out, in active
collaboration with the schools the students attend;
``(C) an assurance that funds provided under this
section will be used to increase the level of State,
local, and other non-Federal funds that would, in the
absence of funds under this section, be made available
for programs and activities authorized under this
section, and in no case supplant Federal, State, local,
or non-Federal funds;
``(D) a description of the partnership between a
local educational agency, a community-based
organization, or another public entity or private
entity, if applicable; and
``(E) such additional assurances as the Secretary
determines to be necessary to ensure compliance with
this section.
``(i) Priority.--The Secretary shall give priority to applications
that propose partnerships between 2 or more eligible entities.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $50,000,000 for fiscal year 2009;
``(2) $75,000,000 for fiscal year 2010;
``(3) $100,000,000 for fiscal year 2011;
``(4) $125,000,000 for fiscal year 2012; and
``(5) $150,000,000 for fiscal year 2013.''. | Investment in After-School Programs Act of 2008 - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to award grants to local educational agencies, community-based organizations, or other entities to improve, expand, or establish rural after-school programs that provide students with a broad array of activities when school is not in session that improve their academic performance and promote their positive development.
Requires eligible programs to be implemented in active collaboration with the schools the students attend and take place in safe and easily accessible facilities.
Gives grant priority to partnerships between two or more entities eligible for such grants. | {"src": "billsum_train", "title": "A bill to enhance after-school programs in rural areas of the United States by establishing a pilot program to help communities establish and improve rural after-school programs."} | 1,328 | 130 | 0.600021 | 1.565972 | 0.651341 | 3.275 | 10.575 | 0.908333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazard Mitigation and Relocation
Assistance Act of 1993''.
SEC. 2. HAZARD MITIGATION.
(a) Federal Share and Total Contributions.--Section 404 of The
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c) is amended--
(1) in the first sentence, by striking ``50 percent'' and
inserting ``75 percent''; and
(2) in the last sentence, by striking ``10 percent'' and all
that follows through the end of the sentence and inserting ``15
percent of the estimated aggregate amount of grants to be made (less
any associated administrative costs) under this Act with respect to
the major disaster.''.
(b) Applicability.--The amendments made by this section shall apply
to any major disaster declared by the President pursuant to The Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) on or after June 10, 1993.
SEC. 3. PROPERTY ACQUISITION AND RELOCATION ASSISTANCE.
Section 404 of The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended--
(1) by inserting ``(a) In General.--'' before ``The President'';
and
(2) by adding at the end the following new subsection:
``(b) Property Acquisition and Relocation Assistance.--
``(1) General authority.--In providing hazard mitigation
assistance under this section in connection with flooding, the
Director of the Federal Emergency Management Agency may provide
property acquisition and relocation assistance for projects that
meet the requirements of paragraph (2).
``(2) Terms and conditions.--An acquisition or relocation
project shall be eligible to receive assistance pursuant to
paragraph (1) only if--
``(A) the applicant for the assistance is otherwise eligible
to receive assistance under the hazard mitigation grant program
established under subsection (a); and
``(B) on or after the date of enactment of this subsection,
the applicant for the assistance enters into an agreement with
the Director that provides assurances that--
``(i) any property acquired, accepted, or from which a
structure will be removed pursuant to the project will be
dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, or wetlands
management practices;
``(ii) no new structure will be erected on property
acquired, accepted or from which a structure was removed
under the acquisition or relocation program other than--
``(I) a public facility that is open on all sides
and functionally related to a designated open space;
``(II) a rest room; or
``(III) a structure that the Director approves in
writing before the commencement of the construction of
the structure; and
``(iii) after receipt of the assistance, with respect to
any property acquired, accepted or from which a structure
was removed under the acquisition or relocation program--
``(I) no subsequent application for additional
disaster assistance for any purpose will be made by the
recipient to any Federal entity; and
``(II) no assistance referred to in subclause (I)
will be provided to the applicant by any Federal source.
``(3) Statutory construction.--Nothing in this subsection is
intended to alter or otherwise affect an agreement for an
acquisition or relocation project carried out pursuant to this
section that was in effect on the day before the date of enactment
of this subsection.''.
SEC. 4. TREATMENT OF REAL PROPERTY BUYOUT PROGRAMS.
(a) Inapplicability of URA.--The purchase of any real property under
a qualified buyout program shall not constitute the making of Federal
financial assistance available to pay all or part of the cost of a
program or project resulting in the acquisition of real property or in
any owner of real property being a displaced person (within the meaning
of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970).
(b) Definition of ``Qualified Buyout Program''.--For purposes of
this section, the term ``qualified buyout program'' means any program
that--
(1) provides for the purchase of only property damaged by the
major, widespread flooding in the Midwest during 1993;
(2) provides for such purchase solely as a result of such
flooding;
(3) provides for such acquisition without the use of the power
of eminent domain and notification to the seller that acquisition is
without the use of such power;
(4) is carried out by or through a State or unit of general
local government; and
(5) is being assisted with amounts made available for--
(A) disaster relief by the Federal Emergency Management
Agency; or
(B) other Federal financial assistance programs.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Hazard Mitigation and Relocation Assistance Act of 1993 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) increase from 50 to 75 percent of the cost of hazard mitigation measures the amount authorized to be contributed by the President when determined to be cost-effective while substantially reducing the damage or loss suffered in a major disaster; (2) increase the total Federal contributions authorized for damages from a major disaster to 15 percent of the estimated aggregate amounts of grants to be provided under such Act for such disaster; and (3) provide the terms and conditions under which the Director of the Federal Emergency Management Agency may provide property acquisition and relocation assistance in connection with flood damaged property.
States that the purchase of any real property under a qualified buyout program (the federally assisted purchase of property damaged by the major Midwest flood of 1993) shall not constitute the making of Federal financial assistance available for the cost of a program resulting in the acquisition of real property or in an owner of real property being a displaced person within the meaning of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. | {"src": "billsum_train", "title": "Hazard Mitigation and Relocation Assistance Act of 1993"} | 1,097 | 231 | 0.699622 | 2.160373 | 0.770768 | 3.601852 | 4.685185 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Line Item Veto Act''.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS AND TAX
EXPENDITURES.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:
``Expedited consideration of certain proposed rescissions
``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in an appropriations Act or the repeal of any tax expenditure
in any revenue Act. Funds made available for obligation under this
procedure may not be proposed for rescission again under this section
or section 1012.
``(b) Transmittal of Special Message.--
``(1) Not later than seven days after the date of enactment
of an appropriation Act or revenue Act, as the case may be, the
President may transmit to Congress--
``(A) a special message proposing to rescind
amounts of budget authority provided in that
appropriation Act and include with that special message
a draft bill that, if enacted, would only rescind that
budget authority; or
``(B) a special message proposing to repeal any tax
expenditure provided in any revenue Act, and include
with that special message a draft bill that, if
enacted, would only repeal that tax expenditure.
That bill shall clearly identify the amount of budget authority
that is proposed to be rescinded for each program, project, or
activity to which that budget authority relates.
``(2) In the case of an appropriation Act that includes
accounts within the jurisdiction of more than one subcommittee
of the Committee on Appropriations, the President in proposing
to rescind budget authority under this section shall send a
separate special message and accompanying draft bill for
accounts within the jurisdiction of each such subcommittee.
``(3) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the matters
referred to in paragraphs (1) through (5) of section 1012(a).
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second legislative day of
the House of Representatives after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of
Representatives shall introduce (by request) the draft bill
accompanying that special message. If the bill is not
introduced as provided in the preceding sentence, then, on the
third legislative day of the House of Representatives after the
date of receipt of that special message, any Member of that
House may introduce the bill.
``(B) The bill shall be referred to the Committee on
Appropriations or the Committee on Ways and Means of the House
of Representatives, as appropriate. The committee shall report
the bill without substantive revision and with or without
recommendation. The bill shall be reported not later than the
seventh legislative day of that House after the date of receipt
of that special message. If the committee fails to report the
bill within that period, that committee shall be automatically
discharged from consideration of the bill, and the bill shall
be placed on the appropriate calendar.
``(C) A vote on final passage of the bill shall be taken in
the House of Representatives on or before the close of the
tenth legislative day of that House after the date of the
introduction of the bill in that House. If the bill is passed,
the Clerk of the House of Representatives shall cause the bill
to be engrossed, certified, and transmitted to the Senate
within one calendar day of the day on which the bill is passed.
``(2)(A) A motion in the House of Representatives to
proceed to the consideration of a bill under this section shall
be highly privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the House of Representatives on a bill
under this section shall not exceed four hours, which shall be
divided equally between those favoring and those opposing the
bill. A motion further to limit debate shall not be debatable.
It shall not be in order to move to recommit a bill under this
section or to move to reconsider the vote by which the bill is
agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill under this section shall be
decided without debate.
``(D) Except to the extent specifically provided in the
preceding provisions of this subsection consideration of a bill
under this section shall be governed by the Rules of the House
of Representatives.
``(3)(A) A bill transmitted to the Senate pursuant to
paragraph (1)(D) shall be referred to its Committee on
Appropriations or Committee on Fiance, as appropriate. The
committee shall report the bill without substantive revision
and with or without recommendation. The bill shall be reported
not later than the seventh legislative day of the Senate after
it receives the bill. A committee failing to report the bill
within such period shall be automatically discharged from
consideration of the bill, and the bill shall be placed upon
the appropriate calendar.
``(B) A vote on final passage of a bill transmitted to the
Senate shall be taken on or before the close of the tenth
legislative day of the Senate after the date on which the bill
is transmitted. If the bill is passed in the Senate without
amendment, the Secretary of the Senate shall cause the
engrossed bill to be returned to the House of Representatives.
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill under this section shall be privileged
and not debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
``(B) Debate in the Senate on a bill under this section,
and all debatable motions and appeals in connection therewith,
shall not exceed ten hours. The time shall be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill under this section shall be
limited to not more than one hour, to be equally divided
between, and controlled by, the mover and the manager of the
bill, except that in the event the manager of the bill is in
favor of any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time under
their control on the passage of a bill, allot additional time
to any Senator during the consideration of any debatable motion
or appeal.
``(D) A motion in the Senate to further limit debate on a
bill under this section is not debatable. A motion to recommit
a bill under this section is not in order.
``(d) Amendments and Divisions Prohibited.--No amendment to a bill
considered under this section shall be in order in either the House of
Representatives or the Senate. It shall not be in order to demand a
division of the question in the House of Representatives (or in a
Committee of the Whole) or in the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
``(e) Requirement to Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the day after the date on which either House rejects
the bill transmitted with that special message.
``(f) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations;
and
``(2) the term `legislative day' means, with respect to
either House of Congress, any day during which that House is in
session.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ``and 1017'' in subsection (a) and
inserting ``1013, and 1018''; and
(2) by striking ``section 1017'' in subsection (d) and
inserting ``sections 1013 and 1018''.
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ``1012'' and
inserting ``1012 or 1013'';
(C) in subsection (b)(2), by striking ``1013'' and
inserting ``1014''; and
(D) in subsection (e)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ``1013'' in subparagraph
(C) (as so redesignated) and inserting
``1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
``(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ``1012 or
1013'' each place it appears and inserting ``1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed
rescissions.''. | Line Item Veto Act - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President an additional method of rescinding budget authority.
Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill or the repeal of any tax expenditure in any revenue Act.
Requires that such special message be transmitted not later than seven days after the President approves the appropriation bill or revenue Act and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded or repeal that tax expenditure. Sets forth House and Senate procedures for the expedited consideration of such proposals. | {"src": "billsum_train", "title": "Line Item Veto Act"} | 2,625 | 186 | 0.641859 | 1.770843 | 0.823423 | 3.034247 | 16.075342 | 0.89726 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Citizens' Protection and
War Criminal Prosecution Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since the Nuremberg and Tokyo Tribunals were convened
following World War II, the United States has been the world's
leading proponent of international justice. Today, the United
States is pursuing justice for the architects of genocide and
other gross crimes in Cambodia, East Timor, Rwanda, Sierra
Leone, and the former Yugoslavia.
(2) Bringing the perpetrators of genocide, war crimes, and
crimes against humanity to justice is consistent with United
States national interests and fundamental values.
(3) Such crimes cause massive humanitarian tragedies, and
refugee emergencies, that often significantly affect United
States national interests.
(4) The International Criminal Court will be a permanent
court designed to investigate and bring to justice individuals
who commit war crimes, crimes against humanity, and genocide.
The International Criminal Court will be established under the
Rome Statute, a treaty adopted in Rome on July 17, 1998, at a
United Nations diplomatic conference.
(5) On December 31, 2000, the United States signed the Rome
Statute. As of June 28, 2001, 139 countries have signed the
treaty and 36 countries have ratified it. Every member of the
European Union and 18 of 19 members of the North Atlantic
Treaty Organization have signed the Rome Statute.
(6) United States servicemembers and United States
officials involved in national security affairs deserve the
full protection of the United States Government and should not
be the subject of frivolous or politically motivated
prosecutions by the International Criminal Court or any other
foreign tribunal.
(7) United States negotiators succeeded in ensuring that
the Rome Statute contains numerous safeguards designed to
protect United States citizens, including due process rights
that former State Department Legal Adviser Monroe Leigh has
called ``more detailed and comprehensive'' than those contained
in the United States Bill of Rights. The Department of Justice
has never objected to the Rome Statute on constitutional
grounds.
(8) Under the Rome Statute, the International Criminal
Court must defer to United States jurisdiction in cases
involving United States citizens or service personnel. The
International Criminal Court may proceed in such cases only if
it determines that the United States has decided not to
prosecute the person concerned and that the decision resulted
from the unwillingness or inability of the United States
genuinely to prosecute the matter.
(9) Upon signing the Rome Statute, President Clinton stated
he did not intend to submit the Rome Statute in its present
form to the Senate for advice and consent to ratification. The
Bush Administration has also stated that it will not seek the
Senate's advice and consent to ratification of the Rome
Statute.
(10) Many issues important to United States interests are
still being negotiated by signatories to the Rome Statute.
Continued United States engagement with the International
Criminal Court can help protect United States interests.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Classified national security information.--The term
``classified national security information'' means information
that is classified or classifiable under Executive Order 12958
or a successor executive order.
(3) International criminal court.--The term ``International
Criminal Court'' means the court established by the Rome
Statute.
(4) Party to the international criminal court.--The term
``party to the International Criminal Court'' means a
government that has deposited an instrument of ratification,
acceptance, approval, or accession to the Rome Statute, and has
not withdrawn from the Rome Statute pursuant to Article 127
thereof.
(5) Rome statute.--The term ``Rome Statute'' means the Rome
Statute of the International Criminal Court, adopted by the
United Nations Diplomatic Conference of Plenipotentiaries on
the Establishment of an International Criminal Court on July
17, 1998.
(6) United states servicemember.--The term ``United States
servicemember'' means any person that is subject to the
provisions of chapter 47 of title 10, United States Code
(relating to the Uniform Code of Military Justice).
SEC. 4. STATEMENT OF POLICY.
It is the sense of Congress that the United States should--
(1) maintain a policy of fully supporting the due process
rights of all United States citizens before foreign tribunals,
including before the International Criminal Court;
(2) continue to participate in negotiations of the
Preparatory Commission of the International Criminal Court and
as an observer in the Assembly of States Parties in order to--
(A) ensure that the rules of procedure and evidence
and elements of crimes adopted by the International
Criminal Court conform to United States standards of
due process, are formally adopted by the Assembly, and
fairly applied by the International Criminal Court's
judges and prosecutors;
(B) seek a definition of the crime of aggression
under the Rome Statute that is consistent with
international law and fully respects the right of self-
defense of the United States and its allies; and
(C) ensure that United States interests are
protected in the negotiations over the remaining
elements of the International Criminal Court regime;
(3) provide appropriate diplomatic and legal assistance to
United States citizens, especially United States servicemembers
and their dependents, who face prosecution without full due
process in any forum, including, if applicable, before the
International Criminal Court; and
(4) undertake, in all diplomatic negotiations related to
international legal matters, to ensure that no United States
citizen, especially United States servicemembers and their
dependents, will face frivolous prosecutions or prosecutions
without full due process of law.
SEC. 5. POLICY OF JUDICIAL ASSISTANCE AND PROTECTION FOR UNITED STATES
CITIZENS AND SERVICEMEMBERS; STUDY AND REPORT.
(a) Prohibition.--The United States shall not take any action to
extradite or otherwise make available any United States citizen or
United States servicemember to the International Criminal Court--
(1) if the United States is exercising its right under the
Rome Statute to investigate or prosecute the crime under title
18, United States Code, or chapter 47 of title 10, United
States Code (relating to the Uniform Code of Military Justice);
or
(2)(A) if, after any such investigation, no reasonable
basis has been found to proceed with a prosecution of such
person; or
(B) if, after prosecution for such crime, such person has
been acquitted.
(b) Right To Investigate and Prosecute Under United States Law.--If
a United States citizen or United States servicemember is accused of a
crime under the Rome Statute, the United States shall in all cases
fully exercise its right under the Rome Statute to investigate and, if
appropriate, to prosecute the crime under title 18, United States Code,
or chapter 47 of title 10, United States Code (relating to the Uniform
Code of Military Justice), unless the President determines that it is
not in the national interest to do so.
(c) Study and Report.--
(1) Study.--The Attorney General, the Secretary of Defense,
and the Secretary of State shall jointly conduct a study
consisting of a review of the crimes defined under the Rome
Statute and consideration of what amendments to title 18,
United States Code, and chapter 47 of title 10, United States
Code (relating to the Uniform Code of Military Justice) may be
necessary to ensure that the United States can fully exercise
its rights under Part 2 of the Rome Statute.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, the Secretary of
Defense, and the Secretary of State shall jointly submit to the
appropriate congressional committees a report setting forth the
findings of the study conducted under paragraph (1), including
any recommendations for the enactment of legislation making the
amendments described in that paragraph.
(d) Protections for United States Defendants Before the
International Criminal Court.--If a case involving a United States
citizen or United States servicemember is found admissible by the
International Criminal Court (within the meaning of Article 17 of the
Rome Statute), then the President shall--
(1) use all appropriate diplomatic and legal resources to
ensure that such person receives due process (including, in the
case of a person entitled to assistance under section 1037 of
title 10, representation and other assistance in the manner
provided in that section); and
(2) provide for the defendant whatever exculpatory evidence
may be available.
SEC. 6. REPORTING REQUIREMENT.
(a) Requirement.--Not later than one year after the date of
enactment of this Act, the President shall submit a report to the
appropriate congressional committees--
(1) comparing the due process protections afforded under
the Rome Statute to those due process protections afforded
United States servicemembers and their dependents under Status
of Forces Agreements, temporary Status of Forces Agreements,
temporary Status of Mission Agreements and Letters of Assist in
effect between the United States and foreign nations or
international organizations as of the date of the report; and
(2) comparing the due process protections afforded under
the Rome Statute to those due process protections afforded
United States citizens under bilateral extradition treaties to
which the United States is a party, or multilateral treaties to
which the United States is a party and which contain a
provision authorizing extradition.
(b) Elements of the Report.--The report required by subsection (a)
shall describe, in particular, the extent to which United States
citizens or United States servicemembers accused of crimes overseas
currently are provided--
(1) the right to a jury trial;
(2) the presumption of innocence;
(3) the privilege against compelled self-incrimination;
(4) the right to confront witnesses;
(5) the protection against double jeopardy;
(6) the freedom from unreasonable searches and seizures;
(7) the right to be present at trial;
(8) the right to effective assistance of counsel; and
(9) the exclusion of unlawfully obtained evidence.
SEC. 7. POLICY OF ASSISTANCE FOR THE PROSECUTION OF WAR CRIMINALS.
(a) Support and Assistance Authorized.--Notwithstanding any other
law, while the United States is not a party to the Rome Statute, the
United States may provide support and assistance, as appropriate, on a
case-by-case basis to the International Criminal Court for the
prosecution of accused war criminals, particularly those accused of
crimes against United States servicemembers, United States citizens, or
citizens of countries friendly to, or allied with, the United States
when the President determines that doing so would serve important
United States interests.
(b) Support and Assistance Defined.--In this section, the term
``support and assistance'' includes financial support, compliance with
extradition requests, provision of appropriate intelligence
information, legal assistance, and such other assistance that is
ordinarily provided under treaties and executive agreements for mutual
legal assistance.
SEC. 8. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF CERTAIN
CLASSIFIED NATIONAL SECURITY INFORMATION TO THE
INTERNATIONAL CRIMINAL COURT.
(a) Direct Transfer.--Except as provided in section 7, and not
later than the date of entry into force of the Rome Statute, the
President shall ensure that appropriate procedures are in place to
prevent the transfer of classified national security information to the
International Criminal Court.
(b) Indirect Transfer.--Except as provided in section 7, and not
later than the date of entry into force of the Rome Statute, the
President shall ensure that appropriate procedures are in place to
prevent the transfer of classified national security information
relevant to matters under consideration by the International Criminal
Court to the United Nations and to the government of any country that
is a party to the International Criminal Court unless the United
Nations or that government, as the case may be, has provided written
assurances that such information will not be made available to the
International Criminal Court.
SEC. 9. ALLIANCE COMMAND ARRANGEMENTS.
(a) Report on Alliance Command Arrangements.--Not later than 6
months after the date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a report with
respect to each military alliance to which the United States is party--
(1) describing the degree to which members of the Armed
Forces of the United States may, in the context of military
operations undertaken by or pursuant to that alliance, be
placed under the command or operational control of foreign
military officers subject to the jurisdiction of the
International Criminal Court because they are nationals of a
party to the International Criminal Court; and
(2) evaluating the degree to which members of the Armed
Forces of the United States engaged in military operations
undertaken by or pursuant to that alliance may be exposed to
greater risks as a result of being placed under the command or
operational control of foreign military officers subject to the
jurisdiction of the International Criminal Court.
(b) Description of Measures To Achieve Enhanced Protection for
Members of the Armed Forces of the United States.--Not later than one
year after the date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a description of
modifications to command and operational control arrangements within
military alliances to which the United States is a party that could be
made in order to reduce any risks to members of the Armed Forces of the
United States identified pursuant to subsection (a)(2).
(c) Submission in Classified Form.--The report under subsection
(a), and the description of measures under subsection (b), or
appropriate parts thereof, may be submitted in classified form.
SEC. 10. CERTIFICATION PRIOR TO SUBMISSION OF ROME STATUTE TO THE
SENATE AS A TREATY.
Prior to submission of the Rome Statute to the Senate for its
advice and consent to ratification, the President should certify that
the International Criminal Court has established a demonstrated record
of fair and impartial prosecution of genocide, war crimes, and crimes
against humanity. | American Citizens' Protection and War Criminal Prosecution Act of 2001 - Expresses the sense of Congress that the United States should: (1) support the due process rights of U.S. citizens before foreign tribunals, including the International Criminal Court (ICC); (2) continue to participate in negotiations of the ICC's Preparatory Commission and as an observer in the Assembly of States Parties; (3) provide diplomatic and legal assistance to U.S. citizens who face prosecution without full due process; and (4) undertake to ensure that no U.S. citizen will face prosecutions without due process.Declares that the United States shall not extradite U.S. citizens to the ICC under specified circumstances.Directs: (1) the United States, if a U.S. citizen is accused of a crime under the Rome Statute to the ICC, to investigate and prosecute the crime, with an exception; and (2) the President, if a case involving a U.S. citizen is found admissible, to use diplomatic and legal resources to ensure that such person receives due process and available exculpatory evidence.Sets forth various study and reporting requirements.Authorizes the United States to provide assistance to the ICC for the prosecution of accused war criminals.Directs the President to: (1) ensure that procedures are in place to prevent the transfer of classified national security information to the ICC, the United Nations, and other governments; and (2) certify, prior to submission of the Rome Statute to the Senate, that the ICC has established a demonstrated record of fair and impartial prosecution. | {"src": "billsum_train", "title": "To provide for the protection of the due process rights of United States citizens (including United States servicemembers) before foreign tribunals, including the International Criminal Court, for the prosecution of war criminals, and for other purposes."} | 3,092 | 342 | 0.56154 | 1.836302 | 0.794627 | 3.934932 | 9.876712 | 0.914384 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Facilities Financing Act
of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Child care facility.--The term ``child care facility''
means a structure used for the care and development of eligible
children.
(2) Child care services.--The term ``child care services''
means child care and early childhood education.
(3) Community development financial institution.--The term
``community development financial institution'' has the meaning
given such term in section 103(5) of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702(5)).
(4) Eligible child.--The term ``eligible child'' has the
meaning given such term in section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n).
(5) Eligible child care provider.--The term ``eligible
child care provider'' means--
(A) an eligible child care provider as defined in
section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n); or
(B) a Head Start center under the Head Start Act
(42 U.S.C. 9831 et seq.).
(6) Eligible entity.--The term ``eligible entity'' means--
(A) a community development financial institution
certified by the Department of the Treasury; or
(B) an organization that--
(i) is described in section 501(c)(3) of
the Internal Revenue Code of 1986;
(ii) is exempt from taxation under section
501(a) of such Code; and
(iii) has demonstrated experience in--
(I) providing technical or
financial assistance for the
acquisition, construction, renovation,
or improvement of child care
facilities;
(II) providing technical,
financial, or managerial assistance to
eligible child care providers; and
(III) securing private sources of
capital financing for child care or
other low-income community development.
(7) Eligible recipient.--The term ``eligible recipient''
means--
(A) an eligible child care provider that provides
child care services to an eligible child;
(B) an organization seeking to provide child care
services to an eligible child; or
(C) an organization providing or seeking to provide
child care services to low-income children as
determined by the Secretary.
(8) Equipment.--The term ``equipment'' includes--
(A) machinery, utilities, and built-in equipment,
and any necessary structure to house the machinery,
utilities, and equipment; and
(B) any other items necessary for the functioning
of a child care facility, including furniture, books,
and program materials.
(9) Metropolitan area.--The term ``metropolitan area'' has
the meaning given such term in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. TECHNICAL AND FINANCIAL ASSISTANCE GRANTS.
(a) Grant Authority.--The Secretary may make grants, on a
competitive basis, to eligible entities to enable the eligible entities
to carry out the authorized activities described in subsection (d) in
accordance with this section.
(b) Requirement.--In making grants under subsection (a), the
Secretary shall take into account the experience and success of
eligible entities in attracting private financing and carrying out the
types of activities for which grants under subsection (a) are made.
(c) Priority.--In making grants under subsection (a), the Secretary
shall give priority to an eligible entity--
(1) that has demonstrated experience--
(A) providing technical or financial assistance for
the acquisition, construction, renovation, or
improvement of child care facilities;
(B) providing technical, financial, or managerial
assistance to eligible child care providers; and
(C) securing private sources of capital financing
for child care or other low-income community
development; and
(2) whose application proposes to assist eligible
recipients that serve--
(A) low-income areas, including--
(i) a community that--
(I) is in a metropolitan area; and
(II) has a median household income
that is not more than 80 percent of the
median household income of the
metropolitan area; or
(ii) a community that--
(I) is not in a metropolitan area;
and
(II) has a median income that is
not more than 80 percent of the median
household income of the State in which
the community is located; or
(B) individuals, including eligible children, from
families with incomes at or below 200 percent of 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.
(d) Authorized Activities.--
(1) Capital fund.--Each eligible entity that receives a
grant under subsection (a) shall deposit the grant amount into
a child care capital fund established by the eligible entity.
(2) Payments from funds.--Each eligible entity shall
provide technical or financial assistance (in the form of
loans, grants, investments, guarantees, interest subsidies, and
other appropriate forms of assistance) to eligible recipients
from the child care capital fund the eligible entity
establishes to pay for--
(A) the acquisition, construction, renovation, or
improvement of child care facilities;
(B) equipment for child care facilities; or
(C) the provision of technical assistance to
eligible child care providers to help the eligible
child care providers undertake facilities improvement
and expansion projects.
(3) Loan repayments and investment proceeds.--An eligible
entity that receives a loan repayment or investment proceeds
from an eligible recipient shall deposit such repayment or
proceeds into the child care capital fund of the eligible
entity for use in accordance with this section.
(e) Applications.--
(1) Eligible entities.--To be eligible to receive a grant
under subsection (a), an eligible entity shall submit an
application to the Secretary at such time, in such form, and
containing such information as the Secretary may require.
(2) Eligible recipients.--To obtain assistance from an
eligible entity under this section, an eligible recipient shall
prepare and submit an application to the eligible entity at
such time, in such form, and containing such information as the
eligible entity may require.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this section
$50,000,000 for each of the fiscal years 2010 through 2014. | Child Care Facilities Financing Act of 2009 - Authorizes the Secretary of Health and Human Services to award competitive grants to eligible entities to deposit into child care capital funds for technical and financial assistance to eligible child care providers to pay the costs of acquisition, construction, renovation, or improvement of child care facilities or equipment, or for technical assistance to such providers to help them undertake facilities improvement and expansion. | {"src": "billsum_train", "title": "A bill to provide for the acquisition, construction, renovation, and improvement of child care facilities, and for other purposes."} | 1,487 | 82 | 0.604604 | 1.47102 | 0.894449 | 3.302632 | 18.078947 | 0.934211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Taxation Without Representation
Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The residents of the District of Columbia are the only
Americans who pay Federal income taxes and who have fought and
died in every American war but are denied voting representation
in the House of Representatives and the Senate.
(2) The residents of the District of Columbia suffer the
very injustice against which our Founding Fathers fought,
because they do not have voting representation as other
taxpaying Americans do and are nevertheless required to pay
Federal income taxes unlike the Americans who live in the
territories.
(3) The principle of one person, one vote requires that
residents of the District of Columbia are afforded full voting
representation in the House and the Senate.
(4) Despite the denial of voting representation, Americans
in the Nation's Capital are third among residents of all States
in per capita income taxes paid to the Federal Government.
(5) Unequal voting representation in our representative
democracy is inconsistent with the founding principles of the
Nation and the strongly held principles of the American people
today.
SEC. 3. REPRESENTATION IN CONGRESS FOR DISTRICT OF COLUMBIA.
Notwithstanding any other provision of law, the District of
Columbia shall be treated as a State for the purposes of representation
in the House of Representatives and the Senate.
SEC. 4. ELECTIONS.
(a) First Elections.--
(1) Proclamation.--Not later than 30 days after the date of
enactment of this Act, the Mayor of the District of Columbia
shall issue a proclamation for elections to be held to fill the
2 Senate seats and the seat in the House of Representatives to
represent the District of Columbia in Congress.
(2) Manner of elections.--The proclamation of the Mayor of
the District of Columbia required by paragraph (1) shall
provide for the holding of a primary election and a general
election and at such elections the officers to be elected shall
be chosen by a popular vote of the residents of the District of
Columbia. The manner in which such elections shall be held and
the qualification of voters shall be the same as those for
local elections, as prescribed by the District of Columbia.
(3) Classification of senators.--In the first election of
Senators from the District of Columbia, the 2 senatorial
offices shall be separately identified and designated, and no
person may be a candidate for both offices. No such
identification or designation of either of the 2 senatorial
offices shall refer to or be taken to refer to the terms of
such offices, or in any way impair the privilege of the Senate
to determine the class to which each of the Senators elected
shall be assigned.
(b) Certification of Election.--The results of an election for the
Senators and Representative from the District of Columbia shall be
certified by the Mayor of the District of Columbia in the manner
required by law and the Senators and Representative shall be entitled
to be admitted to seats in Congress and to all the rights and
privileges of Senators and Representatives of the States in the
Congress of the United States.
SEC. 5. HOUSE OF REPRESENTATIVES MEMBERSHIP.
(a) In General.--Upon the date of enactment of this Act, the
District of Columbia shall be entitled to 1 Representative until the
taking effect of the next reapportionment. Such Representative shall be
in addition to the membership of the House of Representatives as now
prescribed by law.
(b) Increase in Membership of House of Representatives.--Upon the
date of enactment of this Act, the permanent membership of the House of
Representatives shall increase by 1 seat for the purpose of future
reapportionment of Representatives.
(c) Reapportionment.--Upon reapportionment, the District of
Columbia shall be entitled to as many seats in the House of
Representatives as a similarly populous State would be entitled to
under the law.
SEC. 6. PROVIDING FOR ELECTIONS FOR HOUSE MEMBERS AND SENATORS FROM
DISTRICT OF COLUMBIA.
(a) Application of District of Columbia Elections Code of 1955.--
The District of Columbia Elections Code of 1955 is amended as follows:
(1) In section 1 (sec. 1-1001.01, D.C. Official Code), by
striking ``the Delegate to the House of Representatives,'' and
inserting ``the Representative in the Congress, Senator,''.
(2) In section 2 (sec. 1-1001.02, D.C. Official Code)--
(A) by striking paragraph (6); and
(B) in paragraph (13), by striking ``the Delegate
to Congress for the District of Columbia, United States
Senator and Representative,'' and inserting ``the
Representative in the Congress, Senator,''.
(3) In section 8 (sec. 1-1001.08, D.C. Official Code)--
(A) in the heading, by striking ``Delegate'' and
inserting ``Representative, Senator,''; and
(B) by striking ``Delegate,'' each place it appears
in subsections (h)(1)(A), (i)(1), and (j)(1) and
inserting ``Representative in the Congress, Senator,''.
(4) In section 10 (sec. 1-1001.10, D.C. Official Code)--
(A) in subsection (a)(3)(A)--
(i) by striking ``or section 206(d) of the
District of Columbia Delegate Act'', and
(ii) by striking ``the office of Delegate
to the House of Representatives'' and inserting
``the office of Representative in the
Congress'';
(B) in subsection (d)(1), by striking ``Delegate,''
each place it appears;
(C) in subsection (d)(2)--
(i) by striking ``(A) In the event'' and
all that follows through ``term of office,''
and inserting ``In the event that a vacancy
occurs in the office of Representative in the
Congress before May 1 of the last year of the
Representative's term of office,'' and
(ii) by striking subparagraph (B); and
(D) by amending subsection (d)(3) to read as
follows:
``(3) In the event of a vacancy in the office of Senator, the Mayor
shall appoint a successor to complete the remainder of the term of
office.''.
(5) In section 11(a)(2) (sec. 1-1001.11(a)(2), D.C.
Official Code), by striking ``Delegate to the House of
Representatives,'' and inserting ``Representative in the
Congress, Senator,''.
(6) In section 15(b) (sec. 1-1001.15(b), D.C. Official
Code), by striking ``Delegate,'' and inserting ``Representative
in the Congress, Senator,''.
(7) In section 17(a) (sec. 1-1001.17(a), D.C. Official
Code), by striking ``the Delegate to the Congress from the
District of Columbia'' and inserting ``the Representative in
the Congress and Senator''.
(b) Treatment of District of Columbia Delegate.--
(1) Continuation of service.--Until the first
Representative from the District of Columbia is seated in the
House of Representatives, the Delegate in Congress from the
District of Columbia shall continue to discharge the duties of
his or her office.
(2) Repeal of office upon election of first
representative.--Sections 202 and 204 of the District of
Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1-
402, D.C. Official Code) are repealed, and the provisions of
law amended or repealed by such sections are restored or
revived as if such sections had not been enacted.
(c) Effective Date.--Except as provided in section 4(a), the
amendments made by this section shall apply with respect to the
election of the first Representative and Senators from the District of
Columbia pursuant to this Act and each subsequent election of
Representatives and Senators from the District of Columbia pursuant to
this Act.
SEC. 7. REPEAL OF OFFICES OF STATEHOOD REPRESENTATIVE AND SENATOR.
(a) In General.--Section 4 of the District of Columbia Statehood
Constitutional Convention Initiative of 1979 (sec. 1-123, D.C. Official
Code) is amended by striking subsections (d), (e), (f), and (g).
(b) Conforming Amendments.--
(1) Statehood commission.--Section 6 of such Initiative
(sec. 1-125, D.C. Official Code) is amended--
(A) in subsection (a)--
(i) by striking ``27 voting members'' and
inserting ``24 voting members'';
(ii) by adding ``and'' at the end of
paragraph (4); and
(iii) by striking paragraphs (5) and (6)
and redesignating paragraph (7) as paragraph
(5); and
(B) in subsection (a-1)(1), by striking
subparagraphs (F), (G), and (H).
(2) Authorization of appropriations.--Section 8 of such
Initiative (sec. 1-127, D.C. Official Code) is repealed.
(3) Application of honoraria limitations.--Section 4 of
D.C. Law 8-135 (sec. 1-131, D.C. Official Code) is repealed.
(4) Application of campaign finance laws.--Section 3 of the
Statehood Convention Procedural Amendments Act of 1982 (sec. 1-
135, D.C. Official Code) is repealed.
(5) District of columbia elections code of 1955.--Section
2(13) of the District of Columbia Elections Code of 1955 (sec.
1-1001.02(13), D.C. Official Code) is amended by striking
``United States Senator and Representative,''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the taking office of the first Representative and Senators
from the District of Columbia pursuant to this Act. | No Taxation Without Representation Act of 2006 - Treats the District of Columbia as a state for purposes of representation in the House of Representatives and Senate.
Prescribes a procedure for the first elections under this Act.
Entitles the District to one Representative until the taking effect of the next reapportionment.
Increases the permanent membership of the House by one seat for future reapportionment of Representatives.
Entitles the District, upon reapportionment, to as many seats in the House as a similarly populous state would be entitled to under the law.
Amends the District of Columbia Election Code of 1955 to provide for elections for House Members and Senators from the District in lieu of a Delegate.
Repeals provisions of the: (1) District of Columbia Delegate Act establishing the office of District of Columbia Delegate to the House; and (2) District of Columbia Statehood Constitution Convention Initiative of 1979 providing for electing a Senator and Representative for the District. | {"src": "billsum_train", "title": "To provide for the treatment of the District of Columbia as a State for purposes of representation in the House of Representatives and Senate, and for other purposes."} | 2,267 | 207 | 0.544272 | 1.396466 | 0.75104 | 3.675978 | 11.307263 | 0.927374 |
SECTION 1. ESTABLISHMENT.
There is established in the legislative branch a commission to be
known as the ``Commission on Health Care Savings through Innovative
Wireless Technologies'' (in this Act referred to as the
``Commission'').
SEC. 2. DUTIES OF COMMISSION.
The duties of the Commission shall be the following:
(1) Examine the cost savings to the United States health
care system, if any, that can be achieved by increasing the use
of wireless health information technologies (including
technologies related to digital health, mobile health
(mHealth), telehealth, telemedicine, e-Care, remote patient
monitoring, and the collection of patient-generated health
data) by patients, caregivers, and health care providers.
(2) Examine existing scientific research studying the
medical effectiveness of wireless health information
technologies that deliver health care.
(3) Examine existing payment models and incentive payment
programs that provide Federal financial reimbursement or
funding for the use of wireless health information
technologies.
(4) Examine options for Congress and for appropriate
Federal agencies to incentivize and promote innovation and
technological advancements in the area of wireless health
information technologies.
(5) Examine barriers to marketplace entry, whether
technical or systemic, that impede efforts by persons and
entities to develop new wireless health information
technologies and to improve existing wireless health
information technologies.
(6) Identify appropriate situations for the integration of
wireless health information technologies into Federal health
care programs, and recommend methods for integrating such
technologies into such programs.
(7) Develop a proposal based on the findings of its
examinations under this section for the establishment,
implementation, and financing of a comprehensive program to
encourage the further integration of wireless health
information technologies into existing Federal health care
programs.
(8) Develop cost estimate approaches that the Congressional
Budget Office can consider utilizing in order to more
accurately assess the cost savings that the Federal Government
can achieve by increasing the use of wireless health
information technologies by patients, caregivers, and health
care providers in the United States.
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 19
individuals (such as the individuals described in subsection (b)) who
have demonstrated experience or expertise with respect to wireless
health information technologies and that are appointed not later than
45 days after the date of the enactment of this Act as follows:
(1) Three members appointed by the President.
(2) Two members appointed by the Speaker of the House of
Representatives.
(3) Two members appointed by the minority leader of the
House of Representatives.
(4) Two members appointed by the majority leader of the
Senate.
(5) Two members appointed by the minority leader of the
Senate.
(6) Four members appointed by the Secretary of Health and
Human Services.
(7) Four members appointed by the Chairman of the Federal
Communications Commission.
(b) Examples of Individuals.--For purposes of subsection (a),
individuals described in this subsection are--
(1) representatives of--
(A) health care providers;
(B) group health plans, health insurance coverage
offered in the group or individual market, and other
third-party payers;
(C) health information technology vendors;
(D) small businesses or startup companies in the
wireless health information technologies industry;
(E) major research and academic institutions; and
(F) patient advocacy groups;
(2) health care professionals;
(3) venture capital investors; and
(4) individuals who have received health care treatment
that included the use of wireless health information
technologies and caregivers of such individuals.
(c) Prohibition on Federal Officers, Employees, and Members of
Congress Serving as Members.--No members appointed under subsection (a)
may be officers or employees of the Federal Government or Members of
Congress.
(d) Terms.--Each member shall be appointed for the life of the
Commission.
(e) Basic Pay and Travel Expenses.--Members shall serve without pay
and without receipt of travel expenses.
(f) Quorum.--Nine members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(g) Chairperson.--The Chairperson of the Commission shall be
elected by the members.
(h) Meetings.--The Commission shall meet at the call of the
Chairperson and may not meet fewer than nine times.
SEC. 4. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Commission to the extent or in the amounts provided in
advance in appropriation Acts, the Director shall be paid at the rate
of basic pay for level 4 of the Executive Schedule.
(b) Staff.--The Commission may appoint personnel as it considers
appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
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.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 5. POWERS OF COMMISSION.
(a) Hearings and Sessions.--Subject to rules prescribed by the
Commission, 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.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Gifts, Bequests, and Devises.--To the extent or in the amounts
provided in advance in appropriation Acts, the Commission may accept,
use, and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission. Gifts, bequests, or devises of
money and proceeds from sales of other property received as gifts,
bequests, or devises shall be deposited in the Treasury and shall be
available for disbursement upon order of the Commission.
(e) 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.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(g) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons for services,
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
SEC. 6. REPORTS.
(a) Interim Reports.--The Commission shall submit to the President,
the Congress, and such agencies as the Commission determines to be
appropriate an interim report not later than 9 months after the final
member is appointed to the Commission and such other interim reports as
the Commission considers appropriate.
(b) Final Report.--The Commission shall transmit a final report to
the President, the Congress, and such agencies as the Commission
determines to be appropriate not later than 18 months after the final
member is appointed to the Commission. The final report shall contain a
detailed statement of the findings and conclusions of the Commission,
together with its recommendations for legislation and administrative
actions the Commission considers appropriate.
SEC. 7. TERMINATION.
The Commission shall terminate on the date that is 60 days after
submitting its final report pursuant to section 6(b). | Establishes in the legislative branch the Commission on Health Care Savings through Innovative Wireless Technologies, which shall: examine the cost savings to the U.S. health care system that can be achieved by increasing the use of wireless health information technologies by patients, caregivers, and health care providers; examine existing scientific research studying the medical effectiveness of such technologies; examine existing payment models and incentive payment programs that provide federal financial reimbursement or funding for the use of such technologies; examine options for Congress and federal agencies to incentivize and promote innovation and technological advancements in the area of such technologies; examine barriers to marketplace entry that impede efforts to develop new, and improve existing, wireless health information technologies; identify appropriate situations and recommend methods for integrating such technologies into federal health care programs; develop a proposal for a comprehensive program to encourage such integration; develop cost estimate approaches that the Congressional Budget Office (CBO) can use to more accurately assess the cost savings the government can achieve by increasing the use of such technologies by patients, caregivers, and health care providers; and submit an interim report within 9 months and a final report within 18 months after its final member is appointed. | {"src": "billsum_train", "title": "To establish the Commission on Health Care Savings through Innovative Wireless Technologies."} | 1,836 | 241 | 0.731985 | 2.251535 | 0.977263 | 4.493274 | 7.757848 | 0.96861 |
SECTION 1. REVISION OF TAX TREATMENT OF DERIVATIVE TRANSACTIONS ENTERED
INTO BY A CORPORATION WITH RESPECT TO ITS STOCK.
(a) In General.--Section 1032 of the Internal Revenue Code of 1986
(relating to exchange of stock for property) is amended to read as
follows:
``SEC. 1032. TRANSACTIONS BY A CORPORATION WITH RESPECT TO ITS STOCK.
``(a) Nonrecognition of Gain or Loss.--No gain or loss shall be
recognized to a corporation on the receipt of property (including
money) or services in exchange for stock of such corporation.
``(b) Treatment of Derivative Transactions.--
``(1) Nonrecognition treatment.--
``(A) In general.--Except as provided in paragraph
(2), section 1032 derivative items of a corporation
shall not be taken into account in determining such
corporation's liability for tax under this subtitle.
``(B) Section 1032 derivative items.--For purposes
of subparagraph (A), the term `section 1032 derivative
item' means any item of income, gain, loss, or
deduction if--
``(i) such item arises out of the rights or
obligations under any option or forward or
futures contract to the extent such option or
contract relates to the corporation's stock (or
is attributable to any transfer or
extinguishment of any such right or
obligation), or
``(ii) such item arises under any other
contract or position but only to the extent
that such item reflects (or is determined by
reference to) changes in the value of such
stock or distributions thereon.
Such term shall not include any deduction allowable
under section 83 or under section 163 and shall not
include any deduction for any item which is in the
nature of compensation for services rendered. For
purposes of this subparagraph, de minimis relationships
shall be disregarded.
``(2) Income recognition on certain forward contracts.--
``(A) In general.--If--
``(i) a corporation acquires its stock, and
``(ii) such acquisition is part of a plan
(or series of related transactions) pursuant to
which the corporation enters into a forward
contract with respect to its stock,
such corporation shall include amounts in income as if
the excess of the amount to be received under the
forward contract over the fair market value of the
stock as of the date the corporation entered into the
forward contract were original issue discount on a debt
instrument acquired on such date. The preceding
sentence shall apply only to the extent that the amount
of stock involved in the forward contract does not
exceed the amount acquired as described in clause (i).
``(B) Plan presumed to exist.--If a corporation
enters into a forward contract with respect to its
stock within the 60-day period beginning on the date
which is 30 days before the date that the corporation
acquires its stock, such acquisition shall be treated
as pursuant to a plan described in subparagraph (A)(ii)
unless it is established that entering into such
contract and such acquisition are not pursuant to a
plan or series of related transactions.
``(C) Forward contract.--The term `forward
contract' has the meaning given to such term by section
1259(d)(1); except that such term shall include any
transactions or series of related transactions having
the same effect as a forward contract (as so defined).
``(c) Treasury Stock Treated as Stock.--Any reference in this
section to stock shall be treated as including a reference to treasury
stock.
``(d) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations which treat the portion of an instrument which is
described in subsection (b) separately from the portion of such
instrument which is not so described.
``(e) Basis.--For basis of property acquired by a corporation in
certain exchanges for its stock, see section 362.''.
(b) Clerical Amendment.--The item relating to section 1032 in the
table of sections for part III of subchapter O of chapter 1 of such
Code is amended to read as follows:
``Sec. 1032. Transactions by a
corporation with respect to its
stock.''.
(c) Effective Date.--The amendments made by this section shall
apply to transactions entered into after the date of the enactment of
this Act. | Amends the Internal Revenue Code to revise the tax treatment of derivative transactions entered into by a corporation with respect to its stock.Provides for nonrecognition of derivative gain, loss, or deduction items (as defined by this Act). Excepts certain forward contracts from such treatment. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to revise the tax treatment of derivative transactions entered into by a corporation with respect to its stock."} | 1,011 | 65 | 0.588355 | 1.40249 | 1.050794 | 4.019231 | 17.25 | 0.903846 |
SECTION 1. 21ST CENTURY WATER COMMISSION.
(a) Establishment.--There is established a commission to be known
as the 21st Century Water Commission (in this section referred to as
the ``Commission'').
(b) Duties.--The duties of the Commission shall be to--
(1) use existing water studies and assessments and conduct
such additional studies and assessments as may be necessary,
including studies and assessments on climate change impacts,
to--
(A) project future water supply needs and demand;
(B) develop national and regional assessments on
flood risk and water availability; and
(C) develop national and regional trends related to
water quality;
(2) study current water management programs of Federal,
interstate, State, and local agencies and private sector
entities directed at increasing water supplies, managing flood
risk, and improving the availability, reliability, and quality
of water resources; and
(3) develop recommendations, in consultation with
representatives of such agencies and entities, for a
comprehensive water strategy that--
(A) identifies incentives to ensure an adequate and
dependable supply of water to meet the needs of the
United States for the next 50 years;
(B) considers all available technologies and other
methods to optimize water supply reliability,
availability, and quality, while safeguarding and
enhancing the environment;
(C) suggests financing options, incentives, and
opportunities for development of comprehensive
watershed management plans, regional watershed
planning, holistically designed water resources
projects, and increased use of nonstructural elements
(including green infrastructure and low impact
development techniques);
(D) encourages, to the maximum extent practicable,
the integration of flood control and water supply
projects, including recommendations for capturing
excess water and flood water for conservation and
reuse;
(E) suggests options to promote the use of, and
reduce biases against, nonstructural elements
(including green infrastructure and low impact
development techniques) when managing stormwater,
including features that--
(i) preserve and restore natural processes,
landforms (such as floodplains), natural
storage, natural vegetated stream side buffers,
wetlands, or other topographical features;
(ii) utilize natural design techniques that
infiltrate, filter, store, evaporate, and
detain water close to its source; or
(iii) minimize the use of impervious
surfaces;
(F) encourages the avoidance and minimization of
adverse impacts to natural systems, and where possible,
the restoration of natural systems; and
(G) addresses other objectives related to a
comprehensive water strategy which the Commission shall
consider appropriate.
(c) Development of a Comprehensive Water Strategy.--
(1) Impacts of climate change.--In developing
recommendations for a comprehensive water strategy, the
Commission shall--
(A) evaluate the effectiveness of existing hazard
mitigation strategies and contingency planning
provisions for Federal, interstate, State, and local
water management programs in light of climate change
impacts, including sea level rise, changing weather
patterns, increased risk of flooding or drought, and
associated impacts to water quality;
(B) consider and evaluate the impacts of climate
change;
(C) include strategies for using best available
climate science in projections of future flood and
drought risk, and for developing hazard mitigation
strategies to protect water quality in extreme weather
conditions caused by climate change; and
(D) identify adaptation techniques, or further
research needs of adaptation techniques, for responding
to climate change impacts.
(2) Policy considerations.--In developing recommendations
for a comprehensive water strategy, the Commission shall--
(A) respect the primary role of States in
adjudicating, administering, and regulating water
rights and water uses;
(B) identify whether recommendations are consistent
with existing laws, treaties, decrees, and interstate
compacts;
(C) identify duplication among Federal governmental
programs, and make recommendations to improve
coordination among Federal, interstate, State, and
local agencies; and
(D) avoid suggesting strategies for increased
mandates on State and local governments.
(d) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 11 members who shall be appointed, not later than
90 days after the date of enactment of this Act, as follows:
(A) 3 members appointed by the President.
(B) 3 members appointed by the Speaker of the House
of Representatives from a list of 6 individuals--
(i) 3 nominated for that appointment by the
chairman of the Committee on Transportation and
Infrastructure of the House of Representatives;
and
(ii) 3 nominated for that appointment by
the chairman of the Committee on Natural
Resources of the House of Representatives.
(C) 3 members appointed by the majority leader of
the Senate from a list of 6 individuals--
(i) 3 nominated for that appointment by the
chairman of the Committee on Environment and
Public Works of the Senate; and
(ii) 3 nominated for that appointment by
the chairman of the Committee on Energy and
Natural Resources of the Senate.
(D) 1 member appointed by the minority leader of
the House of Representatives from a list of 2
individuals--
(i) 1 nominated for that appointment by the
ranking member of the Committee on
Transportation and Infrastructure of the House
of Representatives; and
(ii) 1 nominated for that appointment by
the ranking member of the Committee on Natural
Resources of the House of Representatives.
(E) 1 member appointed by the minority leader of
the Senate from a list of 2 individuals--
(i) 1 nominated for that appointment by the
ranking member of the Committee on Environment
and Public Works of the Senate; and
(ii) 1 nominated for that appointment by
the ranking member of the Committee on Energy
and Natural Resources of the Senate.
(2) Qualifications.--
(A) Recognized standing and distinction.--Members
shall be appointed to the Commission from among
individuals who are of recognized standing and
distinction in water policy issues.
(B) Limitation.--A person while serving as a member
of the Commission may not hold any other position as an
officer or employee of the United States, except as a
retired officer or retired civilian employee of the
United States.
(C) Other considerations.--In appointing members of
the Commission, every effort shall be made to ensure
that the members represent a broad cross section of
regional and geographical perspectives in the United
States.
(3) Chairperson.--The Chairperson of the Commission shall
be elected by a majority vote of the members of the Commission.
(4) Terms.--Members of the Commission shall serve for the
life of the Commission.
(5) Vacancies.--A vacancy on the Commission shall not
affect its operation and shall be filled in the manner in which
the original appointment was made.
(6) Compensation and travel expenses.--Members of the
Commission shall serve without compensation; except that
members shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable provisions
under subchapter I of chapter 57, United States Code.
(e) Meetings and Quorum.--
(1) Meetings.--The Commission shall hold its first meeting
not later than 60 days after the date on which all original
members are appointed under subsection (d) and shall hold
additional meetings at the call of the Chairperson or a
majority of its members.
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
(f) Staffing.--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 for the Commission to perform its duties. The Executive
Director shall be compensated at a rate not to exceed the annual rate
of basic pay for GS-15 of the General Schedule. The employment and
termination of an Executive Director shall be subject to confirmation
by a majority of the members of the Commission.
(g) Hearings.--
(1) Minimum number.--The Commission shall hold no fewer
than 10 hearings during the life of the Commission.
(2) In conjunction with meetings.--Hearings may be held in
conjunction with meetings of the Commission.
(3) Testimony and evidence.--The Commission may take such
testimony and receive such evidence as the Commission considers
appropriate to carry out this section.
(4) Specified.--At least one hearing shall be held in
Washington, District of Columbia, for the purpose of taking
testimony of representatives of Federal agencies, national
organizations, and Members of Congress. At least one hearing
shall focus on potential water resource issues relating to
climate change and how to mitigate the harms of climate change-
related weather events.
(5) Nonspecified.--Hearings, other than those referred to
in paragraph (4), shall be scheduled in distinct geographical
regions of the United States. In conducting such hearings, the
Commission should seek to ensure testimony from individuals
with a diversity of experiences, including those who work on
water issues at all levels of government and in the private
sector.
(h) Information and Support From Federal Agencies.--Upon request of
the Commission, the head of a Federal department or agency shall--
(1) provide to the Commission, within 30 days of the
request, such information as the Commission considers necessary
to carry out this section; and
(2) detail to temporary duty with the Commission on a
reimbursable basis such personnel as the Commission considers
necessary to carry out this section.
(i) Interim Reports.--Not later than one year after the date of the
first meeting of the Commission, and every year thereafter, the
Commission shall submit an interim report containing a detailed summary
of its progress, including meetings held and hearings conducted before
the date of the report, to--
(1) the President; and
(2) Congress.
(j) Final Report.--As soon as practicable, but not later than 5
years after the date of the first meeting of the Commission, the
Commission shall submit a final report containing a detailed statement
of the findings and conclusions of the Commission and recommendations
for legislation and other policies to implement such findings and
conclusions to--
(1) the President;
(2) the Committee on Natural Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works of the Senate.
(k) Termination.--The Commission shall terminate not later than 30
days after the date on which the Commission transmits a final report
under subsection (j).
(l) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to the
Commission.
(m) Authorization of Appropriations.--There is authorized to be
appropriated $12,000,000 to carry out this section. | Establishes the Twenty-First Century Water Commission to: (1) use studies and assessments to project future water supply needs and demand, develop national and regional assessments on flood risk and water availability and trends related to water quality; (2) study government and private sector water management programs directed at increasing water supplies, managing flood risk, and improving the availability, reliability, and quality of water resources; and (3) develop recommendations for a comprehensive water strategy.
Requires such strategy to: (1) identify incentives to ensure an adequate and dependable supply of water to meet U.S. needs for the next 50 years; (2) consider all available technologies and methods to optimize water supply reliability, availability, and quality, while safeguarding and enhancing the environment; (3) suggest financing options for development of comprehensive watershed management plans, regional watershed planning, holistically designed water resources projects, and increased use of nonstructural elements (including green infrastructure and low impact development techniques); (4) encourage the integration of flood control and water supply projects, including recommendations for capturing excess water and flood water for conservation and reuse; (5) suggest options to promote the use of, and reduce biases against, nonstructural elements when managing stormwater; and (6) encourage the avoidance and minimization of adverse impacts to, and the restoration of, natural systems.
Directs the Commission, in developing such strategy, to: (1) evaluate the effectiveness of hazard mitigation strategies and contingency planning provisions for water management programs in light of climate change impacts; (2) evaluate such impacts; (3) include strategies for using best available climate science in projections of future flood and drought risk and for developing hazard mitigation strategies to protect water quality in extreme weather conditions caused by climate change; (4) identify adaptation techniques, or further research needs of such techniques, for responding to climate change impacts; (5) respect the primary role of states in adjudicating, administering, and regulating water rights and water uses; (6) identify whether recommendations are consistent with existing laws; (7) identify duplication among federal governmental programs and make recommendations to improve coordination among federal, interstate, state, and local agencies; and (8) avoid suggesting increased mandates on state and local governments.
Requires the Commission to submit interim and final reports to the President and Congress. Terminates the Commission 30 days after its transmission of a final report. Authorizes appropriations. | {"src": "billsum_train", "title": "To establish the Twenty-First Century Water Commission to study and develop recommendations for a comprehensive water strategy to address future water needs."} | 2,308 | 492 | 0.798819 | 2.621933 | 0.983547 | 4.771855 | 4.712154 | 0.955224 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Justice Improvement Act of
2009''.
SEC. 2. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (25) by striking the words ``means the
degree of interaction allowed between juvenile offenders in a
secure custody status and incarcerated adults under section
31303(d)(1)(i) of title 28, Code of Federal Regulations, as in
effect on December 10, 1996.'' and inserting ``includes any
sight or sound interaction between a youth under 18 in a secure
custody status with an adult inmate.'',
(2) by amending paragraph (26) to read as follows:
``(26) the term `adult inmate' means an individual who--
``(A) has reached the age of full criminal
responsibility under applicable State law; and
``(B) has been arrested and is in custody for or
awaiting trial on a criminal charge, or is convicted of
a criminal charge offense; excluding individuals who
are--
``(i) at the time of the offense, younger
than the maximum age at which a youth can be
held in a juvenile facility under applicable
State law; and
``(ii) committed to the care and custody of
a juvenile correctional facility by a court of
competent jurisdiction or by operation of
applicable State law.'',
(3) in paragraph (28) by striking ``; and'' at the end,
(4) in paragraph (29) by striking the period at the end and
inserting a semicolon, and
(5) by adding at the end the following:
``(30) the term `restraint' means a chemical or medical
agent, physical force technique, or mechanical device that
restricts the movement of juveniles held in the custody of
State or local secure detention or corrections facilities and
youth participating in court-ordered delinquency prevention and
juvenile justice programs;
``(31) the term `chemical agent' means a spray used to
temporarily incapacitate a person, such as oleoresin capsicum
spray, tear gas, or 2-chlorobenzalmalononitrile gas (CS gas);
``(32) the term `isolation' means any instance when a youth
is confined alone for more than 15 minutes in a locked or
unlocked room and includes instances when a resident is
confined for cause or punishment in a room or cell in which he
or she usually sleeps, but does not include confinement in a
large dormitory with other youth, protective isolation (for
injured youths or youths whose safety is threatened), program
separation, routine isolation at the time of the youth's
admission, or isolation that is requested by the youth or any
medical room confinement;
``(33) the term `room time' means any instance in which a
youth is confined alone for more than 15 minutes, and includes
confinement alone at the time of the youth's admission as well
as protective isolation and program separation, administrative
reasons, investigation purposes, low staffing and other
reasons, but does not include time when a youth asks to go to
his room or confinement for medical reasons;
``(34) the term `evidence based' means a program that is
demonstrated with relative evidence, normed and validated for a
diverse population, to be either--
``(A) exemplary, such that it is implemented with a
high degree of fidelity and demonstrates robust
empirical findings using a reputable conceptual
framework and an experimental evaluation design of the
highest quality (a random assignment control trial); or
``(B) effective, such that it is implemented with
sufficient fidelity that it demonstrates adequate
empirical findings using a sound conceptual framework
and a quasi-experimental evaluation design of high
quality (comparison group without random assignment
control group);
``(35) the term `promising' means a program that
demonstrates effectiveness using reasonable, limited findings,
and that has underway a more appropriate evaluation that meets
the criteria set forth in paragraph (33)(A) for determining
evidence-based programs; and
``(36) the term `dangerous practice' means an act,
procedure, or program that creates an unreasonable risk of
physical injury, pain, or psychological harm to a juvenile
subjected to the act, and it includes the use of chemical
agents; choking; blows to the head; twisting body parts against
joints or other techniques that rely on infliction of pain to
secure compliance; restraint to fixed objects; restraint in any
manner that creates risk of asphyxiation; use of belly belts or
chains on pregnant girls; use of four-point or five-point
restraints, straightjackets or restraint chairs, except for
medical or mental health purposes specifically related to the
safety of the youth, and under the direct supervision of
medical or mental health personnel, use of psychotropic
medication without adherence to professional standards
regarding dosage, or for purposes of coercion, punishment, or
convenience of staff; and use of physical force, chemical
agents, or mechanical restraints for purposes of coercion,
retaliation, punishment, or convenience of staff; and
prolonged, forced physical exercise.''.
SEC. 3. STATE PLAN.
Section 223(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5633(a)) is amended--
(1) in paragraph (8) by striking ``existing'' and inserting
``proven effective'',
(2) in paragraph (9)(L)(i) by striking ``restraints'' and
inserting ``requirements'',
(3) in paragraph (27) by striking ``and'' at the end,
(4) in paragraph (28) by striking the period at the end and
inserting a semicolon, and
(5) by adding at the end the following:
``(29) require that not later than 3 years after the date
of enactment of this paragraph and except when under the
circumstances outlined in paragraph (13), youth under the age
of 18 awaiting trial or other legal process who are treated as
adults for purposes of prosecution in criminal court and housed
in a secure facility--
``(A) shall not have contact with adult inmates;
and
``(B) shall not be held in jail or lockup for
adults;
``(30) provide that the State will--
``(A) develop policies and procedures to eliminate
the State-supported use of dangerous practices,
unnecessary isolation, unnecessary room time, and
unreasonable restraint with juveniles in the custody of
State or local secure detention and correctional
facilities and residential treatment centers and
provide for data collection and reporting on the use of
restraints, isolation, and room time in secure
detention and correctional facilities;
``(B) increase the State's efforts to operate
facilities and programs that are safe for youth and
staff, through effective behavior management systems
that clearly communicate incentives and sanctions to
increase appropriate behavior and decrease
inappropriate behavior, and which are implemented
through a continuum of responses that begin with verbal
de-escalation and that only allow for use of the most
punitive responses as a last resort;
``(C) increase the State's efforts to provide
training for facility staff on effective techniques for
effective behavior management, de-escalation and crisis
intervention, adolescent development, safe physical
control techniques, developmental disabilities, mental
health disorders, and cultural competence;
``(D) increase the State's efforts to develop
engaging, effective programming, and establish safe
staffing levels in secure detention and correctional
facilities; and
``(E) provide for a system of independent
monitoring for all juvenile detention and correctional
facilities in the State to identify and address
dangerous practices, unnecessary uses of isolation and
room time, and unreasonable restraint, as well as
deficiencies in provision of education, medical care,
mental health care, and other conditions of
confinement; and
``(31) provide reasonable assurance the Federal funds made
available under this part for any period will not be used for
dangerous practices with juveniles in the custody of State or
local secure detention and correctional facilities.''.
SEC. 4. PROMOTING ALTERNATIVES TO INCARCERATION.
Section 222 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5632) is amended by adding at the end the following:
``(e) Incentive Grants.--
``(1) Incentive grants funds.--The Administrator shall make
grants totaling at least 5 percent of the funds appropriated
for this part in each fiscal year as incentive grants to
States. The Administrator shall make such incentive grants
consistent with the provisions of subsection (a), and shall
condition such grants upon--
``(A) the State's support for evidence-based or
promising programs, prioritizing programs that address
the mental health treatment needs of juveniles;
``(B) the State's support of reforms that reduce or
eliminate the State-supported use of dangerous
practices;
``(C) the State's support for reforms that ensure
that seclusion in secure detention or correctional
facilities is limited to situations in which seclusion
is the least restrictive measure sufficient to address
a youth's danger to self or others, used only for the
amount of time necessary and is terminated when there
is no longer an immediate danger to the youth or
others, or imposed only after applicable due process;
and
``(D) the demonstration by the State of an
improvement of public safety and rehabilitation of
delinquent and at-risk youths.
``(2) The State shall make the demonstration required by
paragraph (1)(D) by using accurate and reliable data reported
annually showing both--
``(A) a reduction in either recidivism or offenses
by youths under age 18, using arrest data; and
``(B) either--
``(i) an increase in the use of least
restrictive placement for juveniles as
appropriate for community safety;
``(ii) an increase in the safety of youths
in the delinquency or criminal justice system;
or
``(iii) a decrease in racial and ethnic
disparities in the delinquency system.''.
SEC. 5. REMOVING THE VALID COURT ORDER EXCEPTION FOR STATUS OFFENDERS.
Section 223(a)(11) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(11)) is amended--
(1) by striking ``shall'', and
(2) by amending subparagraph (A) to read as follows:
``(A) juveniles who are charged with or who have
committed an offense that would not be criminal if
committed by an adult, excluding juveniles who are
charged with or who have committed a violation of
section 922(x)(2) of title 18, United States Code, or
of a similar State law, shall not be placed in secure
detention facilities or secure correctional facilities;
and''. | Juvenile Justice Improvement Act of 2009 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to: (1) revise and add definitions under such Act relating to the treatment of juveniles held in custody while awaiting trial for criminal offenses; (2) require state plans under such Act to separate juveniles from the adult prison population, monitor for and eliminate the use of dangerous practices, unnecessary isolation, unnecessary room time, and unreasonable restraint for holding juveniles in custody, and provide training of prison staff on techniques for effective behavior management of juvenile offenders; (3) provide incentive grants to states to adopt programs for the mental health treatment needs of juveniles in custody and for the placement of such juveniles in the least restrictive detention or correctional settings; and (4) prohibit the placement of juveniles who have not been charged with adult criminal offenses in secure detention or correctional facilities. | {"src": "billsum_train", "title": "To amend the Juvenile Justice and Delinquency Prevention Act of 1974 with respect to juveniles who have committed offenses, and for other purposes."} | 2,482 | 191 | 0.502531 | 1.339411 | 0.781069 | 2.634731 | 13.610778 | 0.91018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Cloning Prohibition Act of
2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) some individuals have announced that they will attempt
to clone human beings using the technique known as somatic cell
nuclear transfer already used with limited success in sheep and
other animals;
(2) nearly all scientists agree that such attempts pose a
massive risk of producing children who are stillborn,
unhealthy, or severely disabled, and considered opinion is
virtually unanimous that such attempts are therefore grossly
irresponsible and unethical;
(3) efforts to create human beings by cloning mark a new
and decisive step toward turning human reproduction into a
manufacturing process in which children are made in
laboratories to preordained specifications and, potentially, in
multiple copies;
(4) because it is an asexual form of reproduction, cloning
confounds the meaning of ``father'' and ``mother'' and confuses
the identity and kinship relations of any cloned child, and
thus threatens to weaken existing notions regarding who bears
which parental duties and responsibilities for children;
(5) because cloning requires no personal involvement by the
person whose genetic material is used, cloning could easily be
used to reproduce living or deceased persons without their
consent;
(6) creating cloned live-born human children (sometimes
called ``reproductive cloning'') necessarily begins by creating
cloned human embryos, a process which some also propose as a
way to create embryos for research or as sources of cells and
tissues for possible treatment of other humans;
(7) the prospect of creating new human life solely to be
exploited and destroyed in this way has been condemned on moral
grounds by many, including supporters of a right to abortion,
as displaying a profound disrespect for life, and recent
scientific advances with adult stem cells indicate that there
are fruitful and morally unproblematic alternatives to this
approach;
(8) in order to be effective, a ban on human cloning must
stop the cloning process at the beginning because--
(A) cloning would take place within the privacy of
a doctor-patient relationship;
(B) the transfer of embryos to begin a pregnancy is
a simple procedure; and
(C) any government effort to prevent the transfer
of an existing embryo, or to prevent birth once the
transfer has occurred, would raise substantial moral,
legal, and practical issues, so that it will be nearly
impossible to prevent attempts at ``reproductive
cloning'' once cloned human embryos are available in
the laboratory;
(9) the scientifically and medically useful practices of
cloning of DNA fragments, known as molecular cloning, the
duplication of somatic cells (or stem cells) in tissue culture,
known as cell cloning, and whole-organism or embryo cloning of
nonhuman animals are appropriate uses of medical technology;
(10) in the preamble to the 1998 Additional Protocol on the
Prohibition of Cloning Human Beings the Council of Europe
agreed that ``the instrumentalisation of human beings through
the deliberate creation of genetically identical human beings
is contrary to human dignity and thus constitutes a misuse of
biology and medicine'';
(11) collaborative efforts to perform human cloning are
conducted in ways that affect interstate and even international
commerce, and the legal status of cloning will have a great
impact on how biotechnology companies direct their resources
for research and development;
(12) at least 23 countries have banned all human cloning,
including Canada, France, and Germany;
(13) the United Nations has passed a declaration calling
for all human cloning to be banned by member nations; and
(14) attempts to create cloned human embryos for
development of embryonic stem cell lines have been
unsuccessful, most recently involving the exploitation of over
a hundred women in South Korea to provide over 2,000 human eggs
without the production of a single stem cell line.
SEC. 3. PROHIBITION ON HUMAN CLONING.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 15, the following:
``CHAPTER 16--HUMAN CLONING
``Sec.
``301. Definitions.
``302. Prohibition on human cloning.
``Sec. 301. Definitions
``In this chapter:
``(1) Human cloning.--The term `human cloning' means human
asexual reproduction, accomplished by introducing the nuclear
material of a human somatic cell into a fertilized or
unfertilized oocyte whose nucleus has been removed or
inactivated to produce a living organism (at any stage of
development) with a human or predominantly human genetic
constitution.
``(2) Somatic cell.--The term `somatic cell' means a
diploid cell (having a complete set of chromosomes) obtained or
derived from a living or deceased human body at any stage of
development.
``Sec. 302. Prohibition on human cloning
``(a) In General.--It shall be unlawful for any person or entity,
public or private, in or affecting interstate commerce--
``(1) to perform or attempt to perform human cloning;
``(2) to participate in an attempt to perform human
cloning; or
``(3) to ship or receive the product of human cloning for
any purpose.
``(b) Importation.--It shall be unlawful for any person or entity,
public or private, to import the product of human cloning for any
purpose.
``(c) Penalties.--
``(1) In general.--Any person or entity that is convicted
of violating any provision of this section shall be fined under
this section or imprisoned not more than 10 years, or both.
``(2) Civil penalty.--Any person or entity that is
convicted of violating any provision of this section shall be
subject to, in the case of a violation that involves the
derivation of a pecuniary gain, a civil penalty of not less
than $1,000,000 and not more than an amount equal to the amount
of the gross gain multiplied by 2, if that amount is greater
than $1,000,000.
``(d) Scientific Research.--Nothing in this section shall restrict
areas of scientific research not specifically prohibited by this
section, including research in the use of nuclear transfer or other
cloning techniques to produce molecules, DNA, cells other than human
embryos, tissues, organs, plants, or animals other than humans.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 15 the following:
``16. Human Cloning......................................... 301''. | Human Cloning Prohibition Act of 2007 - Amends the federal criminal code to prohibit any public or private person or entity, in or affecting interstate commerce, from: (1) performing or attempting to perform human cloning; (2) participating in an attempt to perform human cloning; or (3) shipping, receiving, or importing the product of human cloning for any purpose. Sets forth criminal and civil penalties for violations.
Provides that nothing in this Act shall restrict areas of scientific research not specifically prohibited by this Act, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to prohibit human cloning."} | 1,560 | 158 | 0.512229 | 1.388858 | 0.690514 | 5.79562 | 9.963504 | 0.875912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Abuse Accountability Act''.
SEC. 2. GARNISHMENT AUTHORITY.
(a) Civil Service Retirement System.--(1) Section 8345(j)(1) of
title 5, United States Code, is amended to read as follows:
``(j)(1) Payments under this subchapter which would otherwise be
made to an employee, Member, or annuitant based on service of that
individual shall be paid (in whole or in part) by the Office to another
person if and to the extent expressly provided for in the terms of--
``(A) any court decree of divorce, annulment, or legal
separation, or the terms of any court order or court-approved
property settlement agreement incident to any court decree of
divorce, annulment, or legal separation; or
``(B) any court order or other similar process in the nature of
garnishment for the enforcement of a judgment rendered against such
employee, Member, or annuitant, for physically, sexually, or
emotionally abusing a child.
In the event that the Office is served with more than 1 decree, order,
or other legal process with respect to the same moneys due or payable
to any individual, such moneys shall be available to satisfy such
processes on a first-come, first-served basis, with any such process
being satisfied out of such moneys as remain after the satisfaction of
all such processes which have been previously served.''.
(2) Section 8345(j)(2) of title 5, United States Code, is amended
by inserting ``other legal process,'' after ``order,''.
(3) Section 8345(j)(3) of title 5, United States Code, is amended
to read as follows:
``(3) For the purpose of this subsection--
``(A) the term `court' means any court of any State, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, the
Northern Mariana Islands, or the Virgin Islands, and any Indian
court;
``(B) the term `judgment rendered for physically, sexually, or
emotionally abusing a child' means any legal claim perfected
through a final enforceable judgment, which claim is based in whole
or in part upon the physical, sexual, or emotional abuse of a
child, whether or not that abuse is accompanied by other actionable
wrongdoing, such as sexual exploitation or gross negligence; and
``(C) the term `child' means an individual under 18 years of
age.''.
(b) Federal Employees' Retirement System.--(1) Section 8467(a) of
title 5, United States Code, is amended to read as follows:
``(a) Payments under this chapter which would otherwise be made to
an employee, Member, or annuitant (including an employee, Member, or
annuitant as defined in section 8331) based on service of that
individual shall be paid (in whole or in part) by the Office or the
Executive Director, as the case may be, to another person if and to the
extent expressly provided for in the terms of--
``(1) any court decree of divorce, annulment, or legal
separation, or the terms of any court order or court-approved
property settlement agreement incident to any court decree of
divorce, annulment, or legal separation; or
``(2) any court order or other similar process in the nature of
garnishment for the enforcement of a judgment rendered against such
employee, Member, or annuitant, for physically, sexually, or
emotionally abusing a child.
In the event that the Office or the Executive Director, as the case may
be, is served with more than 1 decree, order, or other legal process
with respect to the same moneys due or payable to any individual, such
moneys shall be available to satisfy such processes on a first-come,
first-served basis, with any such process being satisfied out of such
moneys as remain after the satisfaction of all such processes which
have been previously served.''.
(2) Section 8467(b) of title 5, United States Code, is amended by
inserting ``other legal process,'' after ``order,''.
(3) Section 8467 of title 5, United States Code, is amended by
adding at the end the following:
``(c) For the purpose of this section--
``(1) the term `judgment rendered for physically, sexually, or
emotionally abusing a child' means any legal claim perfected
through a final enforceable judgment, which claim is based in whole
or in part upon the physical, sexual, or emotional abuse of a
child, whether or not that abuse is accompanied by other actionable
wrongdoing, such as sexual exploitation or gross negligence; and
``(2) the term `child' means an individual under 18 years of
age.''.
(4) Section 8437(e)(3) of title 5, United States Code, is amended
by striking the period at the end of the first sentence and inserting
the following: ``or relating to the enforcement of a judgment for
physically, sexually, or emotionally abusing a child as provided under
section 8467(a).''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of this Act, and shall apply with respect to any decree,
order, or other legal process, or notice of agreement received by the
Office of Personnel Management or the Executive Director of the Federal
Retirement Thrift Investment Board on or after such date of enactment.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Child Abuse Accountability Act - Amends Federal law regarding Federal employees' pensions to provide for the garnishment of retirement annuities of Federal employees for the enforcement of a court order for the payment of monetary damages to victims of emotional, sexual, or physical child abuse. | {"src": "billsum_train", "title": "Child Abuse Accountability Act"} | 1,253 | 61 | 0.476491 | 1.216191 | 0.68498 | 2.020408 | 24.020408 | 0.795918 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Acquisition Review Board Act of
2017''.
SEC. 2. ACQUISITION REVIEW BOARD.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the
following new section:
``SEC. 836. ACQUISITION REVIEW BOARD.
``(a) In General.--The Secretary shall establish an Acquisition
Review Board (in this section referred to as the `Board') to--
``(1) strengthen accountability and uniformity within the
Department acquisition review process;
``(2) review major acquisition programs; and
``(3) review the use of best practices.
``(b) Composition.--The Under Secretary for Management shall serve
as chair of the Board. The Secretary shall also ensure participation by
other relevant Department officials, including at least two component
heads or their designees, as permanent members of the Board.
``(c) Meetings.--The Board shall meet regularly for purposes of
ensuring all acquisitions processes proceed in a timely fashion to
achieve mission readiness. The Board shall convene at the Secretary's
discretion and at any time--
``(1) a major acquisition program--
``(A) requires authorization to proceed from one
acquisition decision event to another throughout the
acquisition life cycle;
``(B) is in breach of its approved requirements; or
``(C) requires additional review, as determined by
the Under Secretary for Management; or
``(2) a non-major acquisition program requires review, as
determined by the Under Secretary for Management.
``(d) Responsibilities.--The responsibilities of the Board are as
follows:
``(1) Determine whether a proposed acquisition has met the
requirements of key phases of the acquisition life cycle
framework and is able to proceed to the next phase and eventual
full production and deployment.
``(2) Oversee whether a proposed acquisition's business
strategy, resources, management, and accountability is
executable and is aligned to strategic initiatives.
``(3) Support the person with acquisition decision
authority for an acquisition in determining the appropriate
direction for such acquisition at key acquisition decision
events.
``(4) Conduct systematic reviews of acquisitions to ensure
that such acquisitions are progressing in compliance with the
approved documents for their current acquisition phases.
``(5) Review the acquisition documents of each major
acquisition program, including the acquisition program baseline
and documentation reflecting consideration of tradeoffs among
cost, schedule, and performance objectives, to ensure the
reliability of underlying data.
``(6) Ensure that practices are adopted and implemented to
require consideration of trade-offs among cost, schedule, and
performance objectives as part of the process for developing
requirements for major acquisition programs prior to the
initiation of the second acquisition decision event, including,
at a minimum, the following practices:
``(A) Department officials responsible for
acquisition, budget, and cost estimating functions are
provided with the appropriate opportunity to develop
estimates and raise cost and schedule matters before
performance objectives are established for capabilities
when feasible.
``(B) Full consideration is given to possible
trade-offs among cost, schedule, and performance
objectives for each alternative.
``(e) Acquisition Program Baseline Report Requirement.--If the
person exercising acquisition decision authority over a major
acquisition program approves such program to proceed into the planning
phase before such program has a Department-approved acquisition program
baseline, the Under Secretary for Management shall create and approve
an acquisition program baseline report regarding such approval, and the
Secretary shall--
``(1) within 7 days after an acquisition decision
memorandum is signed, notify in writing the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate of such decision; and
``(2) within 60 days after the acquisition decision
memorandum is signed, submit to such committees a report
stating the rationale for such decision and a plan of action to
require an acquisition program baseline for such program.
``(f) Report.--The Under Secretary for Management shall provide
information to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate on an annual basis through fiscal year 2022 on
the activities of the Board for the prior fiscal year that includes
information relating to the following:
``(1) For each meeting of the Board, any acquisition
decision memoranda.
``(2) Results of the systematic reviews conducted pursuant
to paragraph (4) of subsection (d).
``(3) Results of acquisition document reviews required
pursuant to paragraph (5) of subsection (d).
``(4) Activities to ensure that practices are adopted and
implemented throughout the Department pursuant to paragraph (6)
of subsection (d).
``(g) Definitions.--In this section:
``(1) Acquisition.--The term `acquisition' has the meaning
given such term in section 131 of title 41, United States Code.
``(2) Acquisition decision authority.--The term
`acquisition decision authority' means the authority, held by
the Secretary acting through the Deputy Secretary or Under
Secretary for Management to--
``(A) ensure compliance with Federal law, the
Federal Acquisition Regulation, and Department
acquisition management directives;
``(B) review (including approving, pausing,
modifying, or cancelling) an acquisition program
through the life cycle of such program;
``(C) ensure that acquisition program managers have
the resources necessary to successfully execute an
approved acquisition program;
``(D) ensure good acquisition program management of
cost, schedule, risk, and system performance of the
acquisition program at issue, including assessing
acquisition program baseline breaches and directing any
corrective action for such breaches; and
``(E) ensure that acquisition program managers, on
an ongoing basis, monitor cost, schedule, and
performance against established baselines and use tools
to assess risks to an acquisition program at all phases
of the life cycle of such program to avoid and mitigate
acquisition program baseline breaches.
``(3) Acquisition decision event.--The term `acquisition
decision event', with respect to an acquisition program, means
a predetermined point within each of the acquisition phases at
which the acquisition decision authority determines whether
such acquisition program shall proceed to the next acquisition
phase.
``(4) Acquisition decision memorandum.--The term
`acquisition decision memorandum', with respect to an
acquisition, means the official acquisition decision event
record that includes a documented record of decisions, exit
criteria, and assigned actions for such acquisition, as
determined by the person exercising acquisition decision
authority for such acquisition.
``(5) Acquisition program.--The term `acquisition program'
means the process by which the Department acquires, with any
appropriated amounts, by contract for purchase or lease,
property or services (including construction) that support the
missions and goals of the Department.
``(6) Acquisition program baseline.--The term `acquisition
program baseline', with respect to an acquisition program,
means a summary of the cost, schedule, and performance
parameters, expressed in standard, measurable, quantitative
terms, which must be met in order to accomplish the goals of
such program.
``(7) Best practices.--The term `best practices', with
respect to acquisition, means a knowledge-based approach to
capability development that includes--
``(A) identifying and validating needs;
``(B) assessing alternatives to select the most
appropriate solution;
``(C) clearly establishing well-defined
requirements;
``(D) developing realistic cost assessments and
schedules;
``(E) securing stable funding that matches
resources to requirements;
``(F) demonstrating technology, design, and
manufacturing maturity;
``(G) using milestones and exit criteria or
specific accomplishments that demonstrate progress;
``(H) adopting and executing standardized processes
with known success across programs;
``(I) establishing an adequate workforce that is
qualified and sufficient to perform necessary
functions; and
``(J) integrating the capabilities described in
subparagraphs (A) through (I) into the Department's
mission and business operations.
``(8) Major acquisition program.--The term `major
acquisition program' means a Department acquisition program
that is estimated by the Secretary to require an eventual total
expenditure of at least $300,000,000 (based on fiscal year 2017
constant dollars) over its life cycle cost.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further
amended by adding after the item relating to section 835 the following
new item:
``Sec. 836. Acquisition Review Board.''.
Passed the House of Representatives June 21, 2017.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on March 23, 2017. DHS Acquisition Review Board Act of 2017 (Sec. 2) This bill amends the Homeland Security of 2002 to require the Department of Homeland Security (DHS) to establish an Acquisition Review Board to strengthen accountability and uniformity within the DHS acquisition review process, review major acquisition programs (programs estimated to require a total expenditure of at least $300 million over their life cycle costs), and review the use of best practices. The board shall convene at DHS's discretion and whenever: (1) a major acquisition program requires authorization to proceed from one acquisition decision event to another, is in breach of its approved requirements, or requires additional review; or (2) a non-major acquisition program requires review. The board's responsibilities are to: determine whether a proposed acquisition has met the requirements of key phases of the acquisition life cycle framework and is able to proceed to the next phase and eventual full production and deployment; oversee whether a proposed acquisition's business strategy, resources, management, and accountability is executable and aligned to strategic initiatives; support the acquisition decision authority in determining the appropriate direction at key acquisition decision events; conduct systematic reviews to ensure that acquisitions are progressing in compliance with the approved documents for their current acquisition phases; review the acquisition documents of each major acquisition program to ensure the reliability of underlying data; and ensure that practices are implemented to require consideration of tradeoffs among cost, schedule, and performance objectives as part of the process for developing requirements for major acquisition programs prior to initiating the second acquisition decision event. If the person exercising acquisition decision authority over a major acquisition program approves such program to proceed into the planning phase before such program has a DHS-approved acquisition program baseline, DHS shall: (1) create and approve a baseline report regarding such approval; (2) notify Congress within 7 days after an acquisition decision memorandum is signed; and (3) within 60 days after such signing, report on the rationale for such decision and a plan of action to require an acquisition program baseline for such program. DHS shall report annually to specified congressional committees through FY2022 on the board's activities, including information on: any acquisition decision memoranda for each meeting of the board, results of the systematic reviews, results of acquisition document reviews, and activities to ensure that practices are adopted and implemented throughout DHS regarding such tradeoffs. | {"src": "billsum_train", "title": "DHS Acquisition Review Board Act of 2017"} | 1,918 | 512 | 0.737396 | 2.350421 | 0.956016 | 4.686722 | 3.923237 | 0.931535 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Waco Mammoth National Monument
Establishment Act of 2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Waco Mammoth Site area is located near the
confluence of the Brazos River and the Bosque River in Central
Texas, near the city of Waco;
(2) after the discovery of bones emerging from eroding
creek banks leading to the uncovering of portions of 5
mammoths, Baylor University began investigating the site in
1978;
(3) several additional mammoth remains have been uncovered
making the site the largest known concentration of mammoths
dying from the same event;
(4) the mammoth discoveries have received international
attention; and
(5) Baylor University and the City of Waco, Texas, have
been working together--
(A) to protect the site; and
(B) to develop further research and educational
opportunities at the site.
SEC. 3. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the city of Waco, Texas.
(2) Management plan.--The term ``management plan'' means
the management plan for the Monument prepared under section
5(c)(1).
(3) Map.--The term ``map'' means the map entitled
``[_____]'', numbered ``[____]'', and dated ``[____]''.
(4) Monument.--The term ``Monument'' means the Waco Mammoth
National Monument established by section 4(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Texas.
(7) University.--The term ``University'' means Baylor
University in the State.
SEC. 4. WACO MAMMOTH NATIONAL MONUMENT, TEXAS.
(a) Establishment.--There is established in the State, as a unit of
the National Park System, the Waco Mammoth National Monument, as
generally depicted on the map.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
SEC. 5. ADMINISTRATION OF MONUMENT.
(a) In General.--The Secretary shall administer the Monument in
accordance with--
(1) this Act;
(2) any cooperative agreements entered into under
subsection (b)(1); and
(3) the laws (including regulations) generally applicable
to units of the National Park System, including the National
Park Service Organic Act (16 U.S.C. 1 et seq.).
(b) Authorities of Secretary.--
(1) Cooperative agreements.--The Secretary may enter into
cooperative management agreements with the University and the
City, in accordance with section 3(l) of Public Law 91-383 (16
U.S.C. 1a-2(l)).
(2) Acquisition of land.--
(A) In general.--The Secretary may acquire from
willing sellers any land or interest in land within the
proposed boundary of the Monument that is necessary for
effective management of the Monument.
(B) Method of acquisition.--
(i) In general.--The land described in
subparagraph (A) may be acquired by donation,
purchase with donated or appropriated funds,
transfer from another Federal agency, or
exchange.
(ii) State land.--Land or interests in land
owned by the State or a political subdivision
of the State may only be acquired by donation
or exchange.
(3) Construction of facilities on non-federal land.--
(A) In general.--The Secretary may, subject to the
availability of appropriations, construct essential
administrative or visitor use facilities on non-Federal
land within the boundary of the Monument.
(B) Donations.--In addition to the use of Federal
funds authorized under subparagraph (A), the Secretary
may use donated funds, property, and services to carry
out that subparagraph.
(c) General Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this Act, the
Secretary, in consultation with the University and the City,
shall complete a general management plan for the Monument.
(2) Inclusions.--The management plan shall include, at a
minimum--
(A) measures for the preservation of the resources
of the Monument;
(B) requirements for the type and extent of
development and use of the Monument;
(C) identification of the capacity of the Monument
for accommodating visitors; and
(D) opportunities for involvement by the
University, City, State, and other local and national
entities in--
(i) developing educational programs for the
Monument; and
(ii) developing and supporting the
Monument.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Waco Mammoth National Monument Establishment Act of 2009 - Establishes in Texas, as a unit of the National Park System, the Waco Mammoth National Monument.
Authorizes the construction of essential administrative or visitor use facilities on non-federal land within the boundary of the Monument.
Requires the Secretary of the Interior, in consultation with Baylor University and the city of Waco, to complete a general management plan for the Monument. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to establish the Waco Mammoth National Monument in the State of Texas."} | 1,119 | 101 | 0.628362 | 1.594484 | 1.094945 | 6.0625 | 12.4875 | 0.9625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cash Accounting for Small Business
Act of 2001''.
SEC. 2. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL BUSINESS.
(a) Cash Accounting Permitted.--Section 446 of the Internal Revenue
Code of 1986 (relating to general rule for methods of accounting) is
amended by adding at the end the following new subsection:
``(g) Small Business Taxpayers Permitted to Use Cash Accounting
Method Without Limitation.--
``(1) In general.--Notwithstanding any other provision of
this title, an eligible taxpayer shall not be required to use
an accrual method of accounting for any taxable year.
``(2) Eligible taxpayer.--For purposes of this subsection--
``(A) In general.--A taxpayer is an eligible
taxpayer with respect to any taxable year if--
``(i) for all prior taxable years beginning
after December 31, 1999, the taxpayer (or any
predecessor) met the gross receipts test of
subparagraph (B), and
``(ii) the taxpayer is not a tax shelter
(as defined in section 448(d)(3)).
``(B) Gross receipts test.--A taxpayer meets the
gross receipts test of this subparagraph for any prior
taxable year if the average annual gross receipts of
the taxpayer (or any predecessor) for the 3-taxable-
year period ending with such prior taxable year does
not exceed $5,000,000. The rules of paragraphs (2) and
(3) of section 448(c) shall apply for purposes of the
preceding sentence.
``(C) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2001,
the dollar amount contained in subparagraph (B) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
by substituting ``calendar year 2000'' for
``calendar year 1992'' in subparagraph (B)
thereof.
If any amount as adjusted under this subparagraph is
not a multiple of $100,000, such amount shall be
rounded to the nearest multiple of $100,000.''.
(b) Clarification of Inventory Rules for Small Business.--Section
471 of the Internal Revenue Code of 1986 (relating to general rule for
inventories) is amended by redesignating subsection (c) as subsection
(d) and by inserting after subsection (b) the following new subsection:
``(c) Small Business Taxpayers Not Required to Use Inventories.--
``(1) In general.--An eligible taxpayer shall not be
required to use inventories under this section for a taxable
year.
``(2) Treatment of taxpayers not using inventories.--If an
eligible taxpayer does not use inventories with respect to any
property for any taxable year beginning after December 31,
2000, such property shall be treated as a material or supply
which is not incidental.
``(3) Eligible taxpayer.--For purposes of this subsection,
the term `eligible taxpayer' has the meaning given such term by
section 446(g)(2).''.
(c) Indexing of Gross Receipts Test.--Section 448(c) of the
Internal Revenue Code of 1986 (relating to $5,000,000 gross receipts
test) is amended by adding at the end the following new paragraph:
``(4) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2001, the dollar amount
contained in paragraph (1) 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, by substituting `calendar year
2000' for `calendar year 1992' in subparagraph (B)
thereof.
If any amount as adjusted under this paragraph is not a
multiple of $100,000, such amount shall be rounded to the
nearest multiple of $100,000.''.
(d) Effective Date and Special Rules.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
(2) Change in method of accounting.--In the case of any
taxpayer changing the taxpayer's method of accounting for any
taxable year under the amendments made by this section--
(A) such change shall be treated as initiated by
the taxpayer;
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury; and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken
into account over a period (not greater than 4 taxable
years) beginning with such taxable year. | Cash Accounting for Small Business Act of 2001 - Amends the Internal Revenue Code to prohibit an eligible taxpayer from being required to use an accrual method of accounting for a taxable year if the such taxpayer's average annual gross receipts for the preceding three-year period does not exceed $5 million (to be adjusted for inflation).States that eligible small business taxpayers shall not be required to use inventories, and that property shall be treated as a material which is not incidental. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow use of cash accounting method for certain small businesses."} | 1,106 | 106 | 0.538328 | 1.298535 | 0.710251 | 3.272727 | 11.238636 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delivering Antimicrobial
Transparency in Animals Act of 2015''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide the Food and Drug
Administration and the public with better information on the use of
antimicrobial drugs in animals used for food to--
(1) enable public health officials and scientists to better
understand and interpret trends and variations in rates of
microbial resistance to such antimicrobial drugs;
(2) improve the understanding of the relationship between
antimicrobial drug use in animals used for food and
antimicrobial drug resistance in microbes in and on animals and
humans; and
(3) identify interventions to prevent and control such
antimicrobial drug resistance.
SEC. 3. ENHANCED REPORTING REQUIREMENTS.
(a) Reports.--Section 512(l) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(l)) is amended by striking paragraph (3)
and inserting the following:
``(3)(A) In the case of each new animal drug described in
paragraph (1) that contains an antimicrobial active ingredient,
the sponsor of the drug shall submit an annual report to the
Secretary on the amount of each antimicrobial active ingredient
in the drug that is sold or distributed for use in food-
producing animals, including information on any distributor-
labeled product.
``(B) Each report under this paragraph shall specify the
amount of each antimicrobial active ingredient--
``(i) by container size, strength, and dosage form;
``(ii) by quantities distributed to each State
domestically and by quantities exported; and
``(iii) by dosage form, including (for each dosage
form) the known or estimated amounts of the
antimicrobial active ingredient sold or distributed for
use in each food-producing animal for which the new
animal drug is approved, including a description of the
methods used to determine or estimate the amounts.
``(4)(A) Subject to subparagraph (B), in the case of animal
feed in final formulation bearing or containing a new animal
drug for which reporting is required under paragraph (3), a
live poultry dealer, swine contractor, or feed lot operator who
purchases, contracts, or manufactures such feed shall submit to
the Secretary an annual report that specifies, by food-
producing animal for which the new animal drug is approved and,
where applicable as determined by the Secretary, by production
class of such animal--
``(i) the amount of each antimicrobial active
ingredient contained per kilogram of each such feed
sold or distributed for that animal and, where
applicable, production class;
``(ii) the quantity of such feed sold or
distributed for that animal and, where applicable,
production class; and
``(iii) for each such feed sold or distributed
under a veterinary feed directive--
``(I) the indications for which the feed
was sold or distributed and the quantities of
such feed that were sold or distributed per
each such indication;
``(II) the number of individuals of the
food-producing animal and, where applicable,
the production class to which the feed was
intended; and
``(III) the length of time over which the
feed was intended to be provided to the animals
and the dose of the active antimicrobial
ingredient the animals were intended to
receive.
``(B)(i) Subparagraph (A) does not apply to a live poultry
dealer, swine contractor, or feed lot operator if the total
value of the live animals owned, purchased, sold, contracted
for, or otherwise controlled by the dealer, contractor, or
operator, directly or through subsidiaries or affiliates, per
year, does not exceed--
``(I) $10,000,000; or
``(II) such other sum as the Secretary may specify
through regulation.
``(ii) The Secretary may specify through regulation
alternative reporting requirements, including via pilot
programs or based on the results of pilot programs--
``(I) to improve the accuracy of reports;
``(II) to lessen the burden of reporting;
``(III) to facilitate the Secretary's ability to
provide public summaries of the reports; or
``(IV) to improve the Secretary's ability to use
the reports, or the public's ability to use the
summaries under paragraph (5), to understand the
relationship between sales, distribution, and end-use
practices with respect to feed containing new animal
drugs described in paragraph (1) and antimicrobial
resistance trends in microbes in animals, animal food
products, and humans.
``(5)(A) Each report under paragraph (3) or (4) shall--
``(i) be submitted electronically not later than
March 31 each year;
``(ii) cover the period of the preceding calendar
year;
``(iii) include separate information for each month
of such calendar year; and
``(iv) be in such format as the Secretary may
require.
``(B) In specifying a format under subparagraph (A)(iv),
the Secretary shall seek to ensure that such format enables the
data reported to be integrated or otherwise easily associated
and compared with data from other Federal databases containing
data on--
``(i) drug sales for human use; and
``(ii) rates of antimicrobial resistance in
bacteria in and on animals, animal food products, and
people.
``(C) The Secretary may share information reported under
paragraph (3) or (4) with the Antimicrobial Resistance Task
Force established under section 319E of the Public Health
Service Act.
``(D)(i) Not later than November 30 each year, the
Secretary shall make publicly available summaries of the
information reported under paragraphs (3) and (4).
``(ii) For each summary under clause (i), except as
provided in clause (iii), the Secretary shall--
``(I) report data by antimicrobial drug class;
``(II) for each such antimicrobial drug class,
specify--
``(aa) the quantity of drugs sold or
distributed per dosage form;
``(bb) the percentage of drugs sold or
distributed with labeled indications that fall
within each of the following categories: growth
promotion, feed efficiency, or other production
purposes; disease prevention; disease control;
and disease treatment;
``(cc) the quantity of drugs sold or
distributed per each of the following marketing
categories: over-the-counter, prescription, and
veterinary feed directive;
``(dd) the quantity of drugs sold or
distributed per State of sale or distribution;
and
``(ee) the known or estimated quantity of
drugs sold or distributed for each food-
producing animal and, where feasible,
production class of such animal; and
``(III) for each feed sold or distributed under a
veterinary food directive for which reporting is
required under paragraph (4), include the information
reported pursuant to subclauses (I), (II), and (III) of
paragraph (4)(A)(iii).
``(iii) For any antimicrobial drug class with fewer than 3
sponsors of approved new animal drugs, instead of reporting
data under clause (ii), the Secretary shall for each such
class--
``(I) report data by category of importance of the
antimicrobial drugs within that class to human
medicine, as determined by the Secretary; and
``(II) to the extent feasible for each such
category, specify--
``(aa) the quantity of drugs sold or
distributed per dosage form;
``(bb) the percentage of drugs sold or
distributed with labeled indications that fall
within each of the following categories: growth
promotion, feed efficiency, or other production
purposes; disease prevention; disease control;
and disease treatment;
``(cc) the quantity of drugs sold or
distributed per each of the following marketing
categories: over-the-counter, prescription, and
veterinary feed directive; and
``(dd) the quantity of drugs sold or
distributed per State of sale or distribution.
``(iv) In carrying out this subparagraph, the Secretary
shall report data in a manner consistent with protecting both
national security and confidential business information.
``(E) In this paragraph, the terms `live poultry dealer'
and `swine contractor' have the meanings given to those terms
in section 2 of the Packers and Stockyards Act, 1921.''.
(b) Rule of Application.--The amendment made by this section
applies to reports under paragraphs (3) and (4) of section 512(l) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(l)) (as
amended by subsection (a)) that cover the period of the first calendar
year beginning after the date of enactment of this Act or any
subsequent calendar year. The provisions of section 512(l)(3) of such
Act, as in effect the day before the date of enactment of this Act,
apply to reports that cover the period of any calendar year beginning
before the calendar years described in the preceding sentence.
SEC. 4. ENHANCED COLLABORATION BETWEEN THE FOOD AND DRUG ADMINISTRATION
AND THE DEPARTMENT OF AGRICULTURE.
The Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall increase collaboration and
coordination with the Secretary of Agriculture to expand and coordinate
the collection of data on the use of antimicrobial drugs in or on
cattle, swine, chickens, turkeys, and such other food-producing animal
species as agreed to by the Secretary of Health and Human Services and
the Secretary of Agriculture, including by providing information to the
Secretary of Agriculture for use by--
(1) the Animal and Plant Health Inspection Service to help
inform its collection of data through the National Animal
Health Monitoring System; and
(2) the Economic Research Service to help inform its
collection of data through the Agricultural Resource Management
Survey.
SEC. 5. REPORT BY GAO.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a study to evaluate--
(1) the voluntary approach used by the Food and Drug
Administration to eliminate injudicious use of antimicrobial
drugs in food-producing animals; and
(2) the effectiveness of the data collection activities
conducted by the Food and Drug Administration regarding
antimicrobial resistance.
(b) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General of the United
States shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report that describes the results of such
study. | Delivering Antimicrobial Transparency in Animals Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to revise reporting requirements for new animal drugs containing an antimicrobial. Certain live poultry dealers, swine contractors, and feed lot operators who purchase, contract, or manufacture animal feed containing a new antimicrobial animal drug must annually report to the Food and Drug Administration, by food-producing animal, the amount of drug per kilogram of feed, and the quantity of feed sold or distributed. Additional information must be provided for feed sold or distributed under a veterinary feed directive. The FDA may specify alternative reporting requirements to improve the accuracy of reports, lessen the burden of reporting, facilitate providing public summaries of reports, or improve the FDA's ability to use reports or the public's ability to use summaries. The FDA must publish summaries of these reports and reports from sponsors of new antimicrobial animal drugs, with data reported by antimicrobial drug class. Alternative reporting requirements are specified for antimicrobial drug classes with fewer than three new animal drugs. The FDA must increase collaboration and coordination with the Department of Agriculture to expand the collection of data on the use of antimicrobials on food-producing animals and to provide information for the Animal and Plant Health Inspection Service and Economic Research Service. The Government Accountability Office must evaluate the voluntary approach used by the FDA to eliminate injudicious use of antimicrobial drugs in food-producing animals and the effectiveness of FDA data collection activities regarding antimicrobial resistance. | {"src": "billsum_train", "title": "Delivering Antimicrobial Transparency in Animals Act of 2015"} | 2,341 | 328 | 0.727403 | 2.311707 | 0.849926 | 3.222222 | 8.107527 | 0.878136 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore American Dream Act of
2007''.
SEC. 2. HOMEOWNERSHIP PLANS.
(a) In General.--Part VII of subchapter B of chapter I of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225, and by inserting after section 223 the following new
section:
``SEC. 224. HOMEOWNERSHIP PLANS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction the amounts paid in cash for the
taxable year by or on behalf of such individual to a homeownership plan
established for the benefit of the individual.
``(b) Limitations.--
``(1) Maximum deduction.--The deduction allowed by
subsection (a) for the taxable year shall not exceed the
limitation of section 415(c) (relating to limitation for
defined contribution plans).
``(2) Deduction not to exceed compensation.--The deduction
allowed under subsection (a) for the taxable year shall not
exceed an amount equal to the compensation includible in the
individual's gross income for such taxable year.
``(3) Period for deductions.--No deduction shall be allowed
under subsection (a) for any contribution made to a
homeownership plan after the contribution period.
``(4) Number of plans.--If an individual is the beneficiary
of more than 1 homeownership plan during any taxable year, no
deduction shall be allowed under subsection (a) for any amount
paid for such taxable year to any homeownership plan
established for the benefit of such individual.
``(5) Married individuals.--For purposes of this section--
``(A) Treatment.--Married individuals filing either
a joint return or separate returns shall be considered
to be 1 individual.
``(B) Establishment of plan.--A homeownership plan
established for the benefit of any married individual
shall be deemed to be established for the exclusive
benefit of the individual and such individual's spouse.
``(C) Merger of plans.--In the event that 2
individuals for each of whose benefit a homeownership
plan has been established should marry, the 2 plans
shall be deemed to be merged into 1 plan. Thereafter,
subject to paragraph (1), each individual may make
contributions during the remainder of the contribution
period applicable to that individual.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Homeownership plan.--The term `homeownership plan'
means a trust created or organized in the United States
exclusively for the purpose of paying qualified principal
residence acquisition expenses of the account holder, but only
if such account holder meets the ownership limitations
specified in paragraph (3) and only if the written governing
instrument creating the trust meets the following requirements:
``(A) No contribution will be accepted unless it is
in cash.
``(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
the person will administer the trust will be consistent
with the requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts.
``(D) The assets of the trust shall be invested in
accordance with the direction of the account holder.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(F) The interest of an individual in the balance
in his account is nonforfeitable.
``(G) The entire interest of an individual for
whose benefit the trust is maintained will be
distributed to such individual at the end of the
contribution period.
``(2) Qualified principal residence acquisition expenses.--
The term `qualified principal residence acquisition expense'
means an expense incurred by the taxpayer with respect to
acquiring a principal residence, including expenses for a
downpayment, interest, points, homeowners and mortgage
insurance, other closing costs, and other related items.
``(3) Ownership limitations.--The account holder shall be
an individual who, after attaining the age of 19 (or in the
case of a student has not attained the age of 24), has never
had a present ownership interest in a principal residence.
``(4) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(5) Contribution period.--
``(A) In general.--The term `contribution period'
means the 9-year period beginning on the date on which
the homeownership plan is established.
``(B) After death or divorce.--In the case of plan
treated as a homeownership plan under paragraph (4) or
(5) of subsection (d), the contribution period shall be
the remaining portion of the 9-year period described in
subparagraph (A), determined by taking into account
only the employment and enrollment of the account
holder. In no event may the contribution period exceed
14 years.
``(6) Time when contributions deemed made.--A taxpayer
shall be deemed to have made a contribution to a homeownership
plan on the last day of the preceding taxable year if the
contribution is made on account of such taxable year and is
made not later than the time prescribed by law for filing the
return for such taxable year (not including extensions
thereof).
``(7) Financial hardship.--The term `financial hardship'
means an individual can withdraw from the homeownership plan
if--
``(A) the withdrawal is due to an immediate and
heavy financial need,
``(B) the withdrawal is necessary to satisfy the
heavy financial need, and
``(C) the withdrawal does not exceed the amount
that is needed to relieve the heavy financial need.
``(d) Tax Treatment of Distributions.--
``(1) Amounts used for qualified principal residence
acquisition expenses.--Any amount paid or distributed out of a
homeownership plan which is used exclusively to pay qualified
principal residence acquisition expenses of the account holder
shall not be includible in gross income.
``(2) Inclusion of amounts not used for qualified principal
residence acquisition expenses.--Any amount paid or distributed
out of a homeownership plan which is not used exclusively to
pay the qualified principal residence acquisition expenses of
the account holder shall be included in the gross income of
such holder.
``(3) Excess contributions returned before due date of
return.--Paragraph (2) shall not apply to the distribution of
any contribution made during a taxable year to a homeownership
plan to the extent that such contribution exceeds the amount
allowable as a deduction under subsection (a) if--
``(A) such distribution is received on or before
the day prescribed by law (including extensions of
time) for filing such individual's return for such
taxable year,
``(B) such distribution is accompanied by the
amount of net income attributable to such excess
contribution.
Any net income described in subparagraph (B) shall be included
in the gross income of the individual for the taxable year in
which such excess contribution was made.
``(4) Transfer of plan incident to divorce.--The transfer
to an individual's spouse or former spouse under a divorce or
separation instrument described in subparagraph (A) of section
71(b)(2) shall not be considered a taxable transfer made by
such individual notwithstanding any other provision of this
subtitle, and such interest at the time of the transfer shall
be treated as a homeownership plan of such spouse with respect
to which such spouse is the account holder. For purposes of
subsection (c)(1)(G), the spouse shall take into account the
period such plan was held by the individual transferring the
interest.
``(5) Transfer of plan incident to death.--The transfer of
a decedent's interest in a homeownership plan to such
decedent's spouse shall not be considered a taxable transfer
made by such decedent notwithstanding any other provision of
this subtitle, and such interest at the time of the transfer
shall be treated as a homeownership plan of the surviving
spouse with respect to which such spouse is the account holder.
For purposes of subsection (c)(1)(G), the surviving spouse
shall take into account the period such plan was held by the
decedent transferring the interest.
``(e) Tax Treatment of Plans.--
``(1) Exemption from tax.--A homeownership plan shall be
exempt from taxation under this subtitle unless such plan has
ceased to be a homeownership plan. Notwithstanding the
preceding sentence, any such plan shall be subject to the taxes
imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable, etc. organizations).
``(2) Loss of exemption of plan where individual engages in
prohibited transactions.--
``(A) In general.--If, during any taxable year of
the individual for whose benefit the homeownership plan
is established, the individual engages in any
transaction prohibited by section 4975 with respect to
the plan, the plan shall cease to be a homeownership
plan as of the first day of such taxable year.
``(B) Financial hardship exception.--Subparagraph
(A) shall not apply if such individual experiences
financial hardship and engaged in such transaction--
``(i) to pay medical expenses; or
``(ii) to cover funeral expenses for a
family member.
For purposes of this subparagraph, the individual for
whose benefit any plan was established is treated as
the creator of the plan.
``(C) Plan treated as distributing all its
assets.--In any case in which any plan ceases to be a
homeownership plan by reason of subparagraph (A), on
the first day of any taxable year, subsection (d)(1)
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 plan (on
such first day).
``(3) Effect of pledging plan as security.--If, during any
taxable year, an individual for whose benefit a homeownership
plan is established uses the plan or any portion thereof as
security for a loan, the portion so used shall be treated as
distributed to such individual.
``(4) Effect of acquisition of principal residence.--
``(A) In general.--In the event that the individual
for whose benefit a homeownership plan is established
acquires a principal residence in any taxable year,
such plan shall cease to be a homeownership plan and
all assets in the plan shall be treated as distributed
to such individual on the first day of such taxable
year.
``(B) Special rules upon marriage.--For purposes of
subparagraph (A), an individual for whose benefit a
homeownership plan is established shall not be treated
as having acquired a principal residence if, after the
establishment of such plan, such individual--
``(i) marries an individual who owns a
principal residence, but
``(ii) does not obtain an ownership
interest in such residence.
``(f) Additional Tax on Certain Amounts Included in Gross Income.--
``(1) Distribution not used for purchase of principal
residence.--The tax imposed by this chapter on the account
holder for any taxable year in which there is a payment or
distribution from a homeownership plan of such holder which is
includible in gross income under subsection (d)(2) shall be
increased by 10 percent of the amount which is so includible.
``(2) Disability or death cases.--Paragraph (1) shall not
apply if the distribution is made after the individual for
whose benefit the homeownership plan is established becomes
disabled within the meaning of section 72(m)(7) or dies.
``(g) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if 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 if the custodial account would,
except for the fact that it is not a trust, constitute a homeownership
plan 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.
``(h) Reports.--The trustee of a homeownership plan shall make such
reports regarding such plan to the Secretary and to the individual for
whose benefit the plan 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.
``(i) Plans Established by Employers.--A trust created or organized
in the United States by an employer for the exclusive benefit of the
employees of the employer shall be treated as a homeownership plan, but
only if the written governing instrument creating the plan meets the
following requirements:
``(1) General requirements for homeownership plans.--The
plan satisfies the requirements of subparagraphs (A) through
(G) of subsection (c)(1).
``(2) Separate accounting.--There is a separate accounting
for the interest of each employee. The assets of the trust may
be held in a common fund for the account of all employees who
have an interest in the trust.
``(3) Additional requirements.--The plan satisfies
requirements, established in regulations issued by the
Secretary, similar to the requirements set forth in paragraphs
(2) through (8) of section 408(k) (other than paragraph
(2)(B)).''
(b) Allowance of Deduction in Arriving at Adjusted Gross Income.--
Paragraph (7) of section 62(a) of such Code (relating to retirement
savings) is amended--
(1) by inserting ``or housing'' after ``retirement'' in the
heading of such paragraph; and
(2) by inserting before the period at the end the
following: ``and the deduction allowed by section 224 (relating
to deduction of certain payments to homeownership plans)''.
(c) Tax on Excess Contributions.--Section 4973 of such Code
(relating to tax on excess contributions to certain tax-favored
accounts and annuities) is amended--
(1) by inserting after paragraph (5) the following:
``(6) a homeownership plan (within the meaning of section
224(c)),''; and
(2) by adding at the end the following new subsection:
``(h) Excess Contributions to Homeownership Plans.--For purposes of
this section, in the case of a homeownership plan (within the meaning
of section 224(c)(1)), the term `excess contributions' means the amount
by which the amount contributed for the taxable year to the plan
exceeds the amount allowable as a deduction under section 224 for such
taxable year.''.
(d) Tax on Prohibited Transactions.--Section 4975 of such Code
(relating to tax on prohibited transactions) is amended--
(1) by adding at the end of subsection (c) the following
new paragraph:
``(7) Special rule for homeownership plans.--An individual
for whose benefit a homeownership plan is established shall be
exempt from the tax imposed by this section with respect to any
transaction concerning such plan (which would otherwise be
taxable under this section) if, with respect to such
transaction, the plan ceases to be a homeownership plan by
reason of the application of section 222(e)(2)(A) or if section
222(e)(3) applies to such plan.''; and
(2) in subsection (e)(1) by striking ``or'' at the end of
subparagraph (F), by redesignating subparagraph (G) as
subparagraph (H) and inserting after subparagraph (F) the
following new subparagraph:
``(G) a homeownership plan described in section
224(c), or''.
(e) Failure To Provide Reports on Homeownership Plans.--Paragraph
(2) of section 6693(a) of such Code (relating to failure to provide
reports on certain tax-favored accounts or annuities; penalties
relating to designated nondeductible contributions) is amended by
striking ``and'' at the end of subparagraph (D), by striking the period
at the end of subparagraph (E) and inserting ``, and'', and by
inserting after subparagraph (E) to following new subparagraph:
``(F) section 224(i) (relating to homeownership
plans).''.
(f) Clerical Amendments.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 224 and inserting the following:
``Sec. 224. Homeownership plans.
``Sec. 225. Cross reference.''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Restore American Dream Act of 2007 - Amends the Internal Revenue Code to establish tax-exempt homeownership plans. Allows a tax deduction from gross income for cash contributions to such plans.
Defines "homeownership plan" as a trust established for the exclusive purpose of paying the costs (e.g., downpayment, interest, mortgage insurance, closing costs, etc.) of acquiring a principal residence by an individual who has never owned a principal residence.
Excludes from gross income distributions from a homeownership plan used to pay the costs of acquiring a principal residence. Sets forth rules governing: (1) transfers of an interest in a plan due to death or divorce; (2) penalties for making distributions from a plan for purposes other than to acquire a principal residence; and (3) employer homeownership plans established for the benefit of their employees. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the establishment of, and the deduction of contributions to, homeownership plans."} | 3,869 | 188 | 0.552185 | 1.454196 | 0.775422 | 2.267081 | 21.925466 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Verifying the Outcome of Tomorrow's
Elections Act of 2005''.
SEC. 2. PREVENTING VOTING BY INELIGIBLE INDIVIDUALS.
(a) Requiring Voters to Provide Photo Identification.--
(1) In general.--Section 303(b) of such Act (42 U.S.C.
15483(b)) is amended--
(A) in the heading, by striking ``for Voters Who
Register by Mail'' and inserting ``for Providing Photo
Identification''; and
(B) by striking paragraphs (1) through (3) and
inserting the following:
``(1) Individuals voting in person.--Notwithstanding any
other provision of law, the appropriate State or local election
official may not provide a ballot for an election for Federal
office (including a provisional ballot under section 302(a)) to
an individual who desires to vote in person unless the
individual presents to the official a current, valid, State-
issued photo identification (as determined in accordance with
subsection (d)).
``(2) Individuals voting by mail.--Notwithstanding any
other provision of law, the appropriate State or local election
official may not accept any ballot for an election for Federal
office provided by an individual who votes by mail unless the
individual submits with the ballot a copy of a current, valid,
State-issued photo identification (as determined in accordance
with subsection (d)).''.
(2) Conforming amendments.--Section 303 of such Act (42
U.S.C. 15483) is amended--
(A) in the heading, by striking ``for voters who
register by mail'' and inserting ``for providing photo
identification''; and
(B) in subsection (c), by striking ``subsections
(a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting
``subsection (a)(5)(A)(i)(II)''.
(3) Clerical amendment.--The table of contents of such Act
is amended by amending the item relating to section 303 to read
as follows:
``Sec. 303. Computerized statewide voter registration list requirements
and requirements for providing photo
identification.''.
(b) Standards for Determining Validity of Photo Identifications.--
Section 303 of such Act (42 U.S.C. 15483) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Standards for Determining Validity of Photo Identification.--
``(1) Minimum standards.--
``(A) In general.--For purposes of subsections
(b)(1) and (b)(2), a State-issued photo identification
is valid if the State meets the requirements of this
subsection.
``(B) State certifications.--The Secretary of
Homeland Security shall determine whether a State is
meeting the requirements of this section based on
certifications made by the State to the Secretary of
Transportation. Such certifications shall be made at
such times and in such manner as the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, may prescribe by regulation.
``(2) Minimum document requirements.--To meet the
requirements of this subsection, a State shall include, at a
minimum, the following information and features on each photo
identification issued to a person by the State for purposes of
subsection (b):
``(A) The person's full legal name.
``(B) The person's date of birth.
``(C) The person's gender.
``(D) The person's number for the form of the
identification.
``(E) A digital photograph of the person.
``(F) The person's address of principle residence.
``(G) The person's signature.
``(H) Physical security features designed to
prevent tampering, counterfeiting, or duplication of
the document for fraudulent purposes.
``(I) A common machine-readable technology, with
defined minimum data elements.
``(3) Minimum issuance standards.--
``(A) In general.--To meet the requirements of this
subsection, a State shall require, at a minimum,
presentation and verification of the following
information before issuing a photo identification to a
person for purposes of subsection (b):
``(i) A photo identity document, except
that a non-photo identity document is
acceptable if it includes both the person's
full legal name and date of birth.
``(ii) Documentation showing the person's
date of birth.
``(iii) Proof of the person's social
security account number or verification that
the person is not eligible for a social
security account number.
``(iv) Documentation showing the person's
name and address of principal residence.
``(B) Verification of documents.--To meet the
requirements of this section, a State shall implement
the following procedures:
``(i) Before issuing a photo identification
to a person, the State shall verify, with the
issuing agency, the issuance, validity, and
completeness of each document required to be
presented by the person under subparagraph (A).
``(ii) The State shall not accept any
foreign document, other than an official
passport, to satisfy a requirement of
subparagraph (A).
``(4) Other requirements.--To meet the requirements of this
section, a State shall adopt the following practices in the
issuance of photo identifications issued for purposes of
subsection (b):
``(A) Employ technology to capture digital images
of identity source documents so that the images can be
retained in electronic storage in a transferable
format.
``(B) Retain paper copies of source documents for a
minimum of 7 years or images of source documents
presented for a minimum of 10 years.
``(C) Subject each person applying for a photo
identification to mandatory facial image capture.
``(D) Establish an effective procedure to confirm
or verify a renewing applicant's information.
``(E) Confirm with the Social Security
Administration a social security account number
presented by a person using the full social security
account number, and in the event that a social security
account number is already registered to or associated
with another person to which any State has issued a
photo identification, the State shall resolve the
discrepancy and take appropriate action.
``(F) Refuse to issue a photo identification to a
person holding a driver's license issued by another
State without confirmation that the person is
terminating or has terminated the driver's license.
``(G) Ensure the physical security of locations
where photo identifications are produced and the
security of document materials and papers from which
identifications are produced.
``(H) Subject all persons authorized to manufacture
or produce photo identification to appropriate security
clearance requirements.
``(I) Establish fraudulent document recognition
training programs for appropriate employees engaged in
the issuance of photo identifications.
``(J) Limit the period of validity of all photo
identifications that are not temporary to a period that
does not exceed 8 years.''.
(c) Effective Date.--Section 303(e) of such Act (42 U.S.C.
15483(3)), as redesignated by subsection (b), is amended to read as
follows:
``(e) Requirement to Provide Photo Identification.--Subsection (b)
shall apply with respect to elections for Federal office held in 2008
and each succeeding year.''.
SEC. 3. ENSURING INTEGRITY OF VOTE COUNTS.
Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C.
15481(a)) is amended by adding at the end the following new paragraph:
``(7) Other steps to ensure integrity in tabulation of
votes.--
``(A) Testing of equipment.--Each State shall
conduct regular tests of the equipment used to tabulate
votes in voting systems to ensure that the system meets
the error rate standards described in paragraph (5) and
that the equipment works correctly.
``(B) Criminal history background checks for
election officials.--
``(i) Requirement.--A State may not permit
any individual to tabulate votes cast on a
voting system, or to certify the tabulation of
votes cast on a system, unless the individual
has satisfactorily undergone a criminal history
background check conducted using the national
criminal history background check system and
State criminal history repositories of all
States in which the individual has resided.
``(ii) Definition.--In clause (i), the term
`national criminal history background check
system' has the meaning given the term in
section 5 of the National Child Protection Act
of 1993 (42 U.S.C. 5119c).
``(C) Permitting parties to observe tabulation.--A
State shall permit a representative of each political
party with a candidate on the ballot used at a precinct
during an election to observe the tabulation of the
votes cast on the voting system and the certification
of the tabulation of votes cast on the system.''.
SEC. 4. PROHIBITING PER APPLICATION PAYMENTS FOR DISTRIBUTION OR
COLLECTION OF VOTER REGISTRATION APPLICATIONS.
Section 905 of the Help America Vote Act of 2002 (42 U.S.C. 15544)
is amended by adding at the end the following new subsection:
``(c) Payment on Commission Basis for Distribution or Collection of
Voter Registration Application Forms.--
``(1) In general.--It is unlawful for any person to pay any
other person for distributing applications for voter
registration in elections for Federal office, or for collecting
completed or partially completed applications for voter
registration in elections for Federal office, if the amount of
the payment is determined on the basis of the number of
applications distributed or collected.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined in accordance with title 18, United States Code,
imprisoned for not more than 2 years, or both.''.
SEC. 5. ADDITIONAL REQUIREMENTS FOR VOTING SYSTEMS.
(a) Production of Permanent, Individually Verifiable Paper Record
of Each Vote Cast.--Section 301(a)(2)(B) of the Help America Vote Act
of 2002 (42 U.S.C. 15481(a)(2)(B)) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by striking clauses (i) and (ii) and inserting the
following:
``(i) After the voter enters a vote on the
voting system, the system shall provide the
voter with an auditable paper record showing
how the vote will be recorded by the system,
and the voter shall use such record to verify
that the vote shown is the vote the voter
intends to cast.
``(ii) If the voter does not verify that
the vote shown on a record provided under
clause (i) is the vote the voter intends to
cast, the system shall provide the voter with
the opportunity to change the ballot and
correct any error in the vote, and shall
provide the voter with a new auditable paper
record under such clause that reflects the
change or correction made by the voter.
``(iii) Once a voter verifies that the vote
shown on a paper record provided under clause
(i) is the vote the voter intends to cast
(whether verified as originally entered or as
changed and corrected as described in clause
(ii)), the vote shall be final and the record
shall serve as a permanent paper record of the
vote.''.
(b) Prohibiting Removal of Paper Record From Polling Place;
Clarifying Purposes for Which Record May Be Used.--Clause (iv) of
section 301(a)(2)(B) of such Act (42 U.S.C. 15481(a)(2)(B)), as
redesignated by subsection (a)(1), is amended by striking the period at
the end and inserting the following: ``, and for such other official
purposes as may be provided under State law, and may be removed from
the polling place by and otherwise made available to an appropriate
election official for such purposes, but the record (including any
duplicate of the record or any photographic image of the record) may
not be removed from the polling place by any other person or for any
other purpose.''.
(c) Requiring Voluntary Voting System Guidelines to Include
Guidelines to Ensure Security of Electronic Data.--Section 221(b)(1) of
such Act (42 U.S.C. 15361(b)(1)) is amended by striking the period at
the end and inserting the following: ``, including guidelines to ensure
the security of any data which is transmitted or received
electronically by voting systems''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2006 and each succeeding election for
Federal office. | Verifying the Outcome of Tomorrow's Elections Act of 2005 - Amends the Help Vote Act of 2002 to prohibit the appropriate state or local election official from providing a ballot for an election for federal office to an individual who desires to vote in person, unless the individual presents to the official a current, valid, state-issued photo identification. Imposes similar requirements with respect to individuals voting by mail.
Requires each state to conduct regular tests of the equipment used to tabulate votes in voting systems to ensure that a system meets specified error rate standards, and that the equipment works correctly.
Prohibits a state from permitting any individual to tabulate votes cast on a voting system, or to certify the tabulation of votes, unless that individual has satisfactorily undergone a criminal history background check using the national criminal history background check system and the state criminal history repositories of all states in which the individual has resided.
Requires a state to permit a representative of each political party with a candidate on the ballot used at a precinct during an election to observe the tabulation of the votes cast on the voting system, and the certification of such tabulation.
Makes it unlawful for any person to pay any other person for distributing voter registration applications in federal elections, or for collecting completed or partially completed applications, if the amount of the payment is determined on the basis of the number of applications distributed or collected.
Requires production of a permanent, individually verifiable paper record of each vote cast.
Requires voluntary voting system guidelines to ensure the security of any data transmitted or received electronically by voting systems. | {"src": "billsum_train", "title": "To amend the Help America Vote Act of 2002 to require individuals to present a government-issued photo identification as a condition of voting in elections for Federal office, to prohibit any individual from tabulating votes in an election for Federal office unless the individual has been subject to a criminal background check, and for other purposes."} | 2,956 | 363 | 0.499593 | 1.499429 | 0.722602 | 5.220395 | 8.618421 | 0.963816 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ultrasound Informed Consent Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXX--INFORMED CONSENT
``SEC. 3001. DEFINITIONS.
``In this title:
``(1) Abortion.--The term `abortion' means the intentional
use or prescription of any instrument, medicine, drug, or any
other substance or device or method to terminate the life of an
unborn child, or to terminate the pregnancy of a woman known to
be pregnant with an intention other than--
``(A) to produce a live birth and preserve the life
and health of the child after live birth; or
``(B) to remove an ectopic pregnancy, or to remove
a dead unborn child who died as the result of a
spontaneous abortion, accidental trauma, or a criminal
assault on the pregnant female or her unborn child.
``(2) Abortion provider.--The term `abortion provider'
means any person legally qualified to perform an abortion under
applicable Federal and State laws.
``(3) Unborn child.--The term `unborn child' means a member
of the species homo sapiens, at any stage of development prior
to birth.
``(4) Woman.--The term `woman' means a female human being
whether or not she has reached the age of majority.
``SEC. 3002. REQUIREMENT OF INFORMED CONSENT.
``(a) Requirement of Compliance by Providers.--Any abortion
provider in or affecting interstate or foreign commerce, who knowingly
performs any abortion, shall comply with the requirements of this
title.
``(b) Performance and Review of Ultrasound.--Prior to a woman
giving informed consent to having any part of an abortion performed,
the physician who is to perform the abortion, or certified technician
working in conjunction with the physician, shall--
``(1) perform an obstetric ultrasound on the pregnant
woman;
``(2) provide an explanation of the results of the
ultrasound;
``(3) display the ultrasound images so that the pregnant
woman may view them; and
``(4) provide a medical description of the ultrasound
images, which shall include the dimensions of the embryo or
fetus and the presence of external members and internal organs,
if present and viewable.
``(c) No Requirement To View Ultrasound Images.--Nothing in this
section shall be construed to require a woman to view the ultrasound
images. Neither the physician nor the woman shall be subject to any
penalty if she refuses to look at the presented ultrasound images.
``SEC. 3003. EXCEPTION FOR MEDICAL EMERGENCIES.
``(a) In General.--The provisions of section 3002 shall not apply
to an abortion provider or facility in the case of a medical emergency.
``(b) Medical Emergency Defined.--
``(1) In general.--In subsection (a), the term `medical
emergency' means a condition which, in the reasonable medical
judgment of the abortion provider, so complicates the medical
condition of the pregnant woman that a delay in commencing an
abortion procedure would impose a serious risk of causing grave
and irreversible physical health damage entailing substantial
impairment of a major bodily function, not including any
psychological or emotional condition or function.
``(2) Reasonable medical judgment.--In paragraph (1), the
term `reasonable medical judgment' means a medical judgment
that would be made by a reasonably prudent physician,
knowledgeable about the case and the treatment possibilities
with respect to the medical conditions involved.
``(c) Certification.--
``(1) In general.--Upon a determination by an abortion
provider under subsection (a) that a medical emergency exists
with respect to a pregnant woman, such provider shall certify
the specific medical conditions that constitute the emergency
and include such certification in the medical file of the
pregnant woman.
``(2) False statements.--An abortion provider who willfully
falsifies a certification under paragraph (1) shall be subject
to all the penalties provided for under section 3004 for
failure to comply with this title.
``SEC. 3004. PENALTIES FOR FAILURE TO COMPLY.
``(a) In General.--An abortion provider who willfully fails to
comply with the provisions of this title shall be subject to civil
penalties in accordance with this section in an appropriate Federal
court.
``(b) Commencement of Action.--The Attorney General may commence a
civil action under this section.
``(c) First Offense.--Upon a finding by a court that a respondent
in an action commenced under this section has knowingly violated a
provision of this title, the court shall notify the appropriate State
medical licensing authority and shall assess a civil penalty against
the respondent in an amount not to exceed $100,000.
``(d) Second and Subsequent Offenses.--Upon a finding by a court
that the respondent in an action commenced under this section has
knowingly violated a provision of this title and the respondent has
been found to have knowingly violated a provision of this title on a
prior occasion, the court shall notify the appropriate State medical
licensing authority and shall assess a civil penalty against the
respondent in an amount not to exceed $250,000.
``(e) Private Right of Action.--A pregnant woman upon whom an
abortion has been performed in violation of this title, or the parent
or legal guardian of such a woman if she is an unemancipated minor, may
commence a civil action against the abortion provider for any willful
violation of this title for actual and punitive damages.''.
SEC. 3. PREEMPTION.
Nothing in this Act or the amendments made by this Act shall be
construed to preempt any provision of State law to the extent that such
State law establishes, implements, or continues in effect greater
disclosure requirements regarding abortion than those provided under
this Act and the amendments made by this Act.
SEC. 4. SEVERABILITY.
The provisions of this Act shall be severable. If any provision of
this Act, or any application thereof, is found unconstitutional, that
finding shall not affect any provision or application of the Act not so
adjudicated. | Ultrasound Informed Consent Act - Amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion, to perform an obstetric ultrasound on the pregnant woman, explain the results, display the ultrasound images so the woman may view them, and provide a medical description of the ultrasound images, including the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable. Provides for: (1) civil penalties for willful failure to comply; and (2) a medical emergency exception.
Prohibits construing this Act to require a woman to view the images or penalizing the physician or the women if she refuses to look at the images. | {"src": "billsum_train", "title": "A bill to ensure that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to receive an abortion."} | 1,462 | 165 | 0.553512 | 1.481804 | 0.824245 | 4.107914 | 9.251799 | 0.913669 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Competition Act of 1999''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102(2) of title 49, United States
Code.
(2) Aircraft.--The term ``aircraft'' has the meaning given
that term in section 40102(6) of title 49, United States Code.
(3) Airport.--The term ``airport'' has the meaning given
that term in section 40102(9) of title 49, United States Code.
(4) Attorney general.--The term ``Attorney General'' means
the Attorney General of the United States.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. PREFERENCE FOR LOW-COMPETITION AIRPORTS.
(a) Definitions.--Section 41714(h) of title 49, United States Code,
is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Large hub airport.--The term `large hub airport'
means an airport described in section 47134(d)(2).
``(4) Low-competition airport.--The term `low-competition
airport' means an airport that--
``(A) is not a large hub airport; and
``(B) the Secretary determines has substantially--
``(i) less service than the average service
at airports in the United States; or
``(ii) higher airfares than average
airfares for airports in the United States.''.
(b) Preference.--Section 41714(c)(1) of title 49, United States
Code, is amended by adding at the end the following: ``In granting
exemptions under this paragraph, the Secretary shall give preference to
air transportation provided to low-competition airports that are
located within a 500-mile radius of a high density airport.''.
SEC. 4. UNFAIR COMPETITION.
(a) Guidelines.--Not later than 30 days after the date of enactment
of this Act, the Secretary, in consultation with the Attorney General,
shall issue regulations that define predatory practices and unfair
methods of competition of air carriers for the purposes of applying
this Act to complaints of predatory practices or unfair methods of
competition filed under section 41712 of title 49, United States Code,
or any other applicable provision of law.
(b) Determinations Regarding Actions Filed.--
(1) Actions filed before the date of enactment of this
act.--Not later than 9 months after the date of enactment of
this Act, the Secretary shall complete action on any complaint
alleging a predatory practice or unfair method of competition
by an air carrier that was filed with the Secretary under
section 41712 of title 49, United States Code, or any other
applicable provision of law before the date of enactment of
this Act.
(2) Actions filed on or after the date of enactment of this
act.--
(A) In general.--Not later than 90 days after a
complaint alleging a predatory practice or unfair
method of competition by an air carrier is filed with
the Secretary under section 41712 of title 49, United
States Code, or any other applicable provision of law,
the Secretary shall make an initial finding concerning
whether the practice that is the subject of the
complaint constitutes a predatory practice or unfair
method of competition.
(B) Applicability.--Subparagraph (A) shall apply to
a complaint filed with the Secretary on or after the
date of enactment of this Act.
(c) Restraining Orders.--
(1) In general.--In a manner consistent with section 41712
or any other applicable provision of law, the Secretary shall
enjoin, pending final determination, any action of an air
carrier that the Secretary finds to be a predatory practice or
unfair method of competition under subsection (b).
(2) Period for taking action.--The Secretary shall carry
out the requirements of paragraph (1) not later than 15 days
after an initial finding is made with respect to a complaint
under subsection (b) (or if the initial finding is made before
the date of enactment of this Act, not later than 15 days after
the date of enactment of this Act).
SEC. 5. LIMITS ON COMPETITION IN AVIATION INDUSTRY.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary shall transmit to Congress a report
concerning barriers to entry, predatory practices (including pricing),
and other limits on competition in the aviation industry.
SEC. 6. PROVISIONS TO PREVENT INCREASED AIRCRAFT NOISE.
(a) Secretarial Authority Under This Act.--Nothing in this Act or
the amendments made by this Act shall authorize the Secretary to take
any action that would increase aircraft noise in any community in the
vicinity of an airport.
(b) Stage 4 Noise Levels.--
(1) Proposed regulations.--Section 47523 of title 49,
United States Code, is amended by adding at the end the
following:
``(c) Stage 4 Noise Levels.--
``(1) Proposed regulations.--Not later than 1 year after
the date of enactment of the Airline Competition Act of 1999,
the Secretary shall issue proposed regulations that--
``(A) establish, in a manner consistent with this
chapter, stage 4 noise levels applicable to aircraft
designated by the Secretary as stage 4 aircraft; and
``(B) provide for the implementation of the stage 4
noise level requirements by the date that is 36 months
after the date of issuance of the proposed regulations.
``(2) Criteria for noise levels.--The stage 4 noise levels
established under this subsection shall--
``(A) provide for a significant reduction in the
level of noise generated by aircraft; and
``(B) be consistent with the noise levels
attainable through the use of the most effective noise
control technology available for stage 3 aircraft (as
that term is used under section 47524(c)), as of
January 1, 1999.''.
(2) Legislative proposals.--At the same time as the
Secretary issues proposed regulations under section 47523(c) of
title 49, United States Code, as added by paragraph (1) of this
subsection, the Secretary shall submit to Congress such
proposed legislation (including amendments to chapter 475 of
title 49, United States Code) as is necessary to ensure the
implementation of stage 4 noise levels (as that term is used in
such section 47523(c)).
SEC. 7. CLARIFICATION OF LEGAL STANDING.
Section 41713(b) of title 49, United States Code, is amended by
adding at the end the following:
``(5) This subsection shall not bar any cause of action brought
against an air carrier by 1 or more private parties seeking to enforce
any right under the common law of any State or under any State statute,
other than a statute purporting to directly prescribe fares, routes, or
levels of air transportation service.''. | Airline Competition Act of 1999 - Amends Federal aviation law to make eligible large hub airports and low-competition airports for slots (takeoff and landing authority) for air carriers providing essential air service at such airports. Directs the Secretary of Transportation to give preference in granting an exemption from certain requirements limiting takeoffs and landings at high density airports to air transportation provided to low-competition airports that are located within a 500-mile radius of a high density airport.
(Sec. 4) Directs the Secretary to issue regulations that define predatory practices and unfair methods of competition of air carriers for purposes of applying this Act to complaints of such practices under section 41712 of title 49, United States Code, or any other applicable provision of law. Directs the Secretary to: (1) after a complaint alleging a predatory practice or unfair method of competition by an air carrier is filed on or after enactment of this Act with the Secretary under section 41712 of title 49, United States Code, or any other applicable provision of law, make an initial finding of whether such practice that is the subject of the complaint constitutes a predatory practice or unfair method of competition; and (2) complete action on such complaints filed with the Secretary before enactment of this Act.
(Sec. 5) Directs the Secretary to report annually to Congress concerning barriers to entry, predatory practices (including pricing), and other limits on competition in the aviation industry.
(Sec. 6) Declares that nothing in this Act shall authorize the Secretary to take action that would increase aircraft noise in any community in the vicinity of an airport.
Directs the Secretary to issue proposed regulations that establish and implement stage 4 noise levels which provide for the significant reduction in the noise level of, and which are consistent with levels attainable through the use of the most effective noise control technology available for stage 3 aircraft as of January 1, 1999, for, stage 4 aircraft.
(Sec. 7) Amends Federal aviation law provisions prohibiting State regulation of air prices, routes, and services to declare that such provisions shall not bar a cause of action brought against an air carrier by one or more private parties seeking to enforce any right under the common law of any State or State statute other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service. | {"src": "billsum_train", "title": "Airline Competition Act of 1999"} | 1,613 | 506 | 0.650119 | 1.833085 | 0.780347 | 5.418502 | 3.182819 | 0.92511 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Timber Innovation Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Innovative wood product.--The term ``innovative wood
product'' means a type of building component or system that
uses large panelized wood construction, including mass timber.
(2) Mass timber.--The term ``mass timber'' includes--
(A) cross-laminated timber;
(B) nail laminated timber;
(C) glue laminated timber;
(D) laminated strand lumber; and
(E) laminated veneer lumber.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Research and Development
deputy area and the State and Private Forestry deputy area of
the Forest Service.
(4) Tall wood building.--The term ``tall wood building''
means a building designed to be--
(A) constructed with mass timber; and
(B) more than 85 feet in height.
SEC. 3. CLARIFICATION OF RESEARCH AND DEVELOPMENT PROGRAM FOR WOOD
BUILDING CONSTRUCTION.
(a) In General.--The Secretary shall conduct performance-driven
research and development, education, and technical assistance for the
purpose of facilitating the use of innovative wood products in wood
building construction in the United States.
(b) Activities.--In carrying out subsection (a), the Secretary
shall--
(1) after receipt of input and guidance from, and
collaboration with, the wood products industry, conservation
organizations, and institutions of higher education, conduct
research and development, education, and technical assistance
at the Forest Products Laboratory or through the State and
Private Forestry deputy area that meets measurable performance
goals for the achievement of the priorities described in
subsection (c); and
(2) after coordination and collaboration with the wood
products industry and conservation organizations, make
competitive grants to institutions of higher education to
conduct research and development, education, and technical
assistance that meets measurable performance goals for the
achievement of the priorities described in subsection (c).
(c) Priorities.--The research and development, education, and
technical assistance conducted under subsection (a) shall give priority
to--
(1) ways to improve the commercialization of innovative
wood products;
(2) analyzing the safety of tall wood building materials;
(3) calculations by the Forest Products Laboratory of the
life cycle environmental footprint, from extraction of raw
materials through the manufacturing process, of tall wood
building construction;
(4) analyzing methods to reduce the life cycle
environmental footprint of tall wood building construction;
(5) analyzing the potential implications of the use of
innovative wood products in building construction on wildlife;
and
(6) one or more other research areas identified by the
Secretary, in consultation with conservation organizations,
institutions of higher education, and the wood products
industry.
(d) Timeframe.--To the maximum extent practicable, the measurable
performance goals for the research and development, education, and
technical assistance conducted under subsection (a) shall be achievable
within a 5-year timeframe.
SEC. 4. TALL WOOD BUILDING COMPETITION.
Subject to availability of appropriations, not less frequently than
once during each fiscal year for the period of fiscal years 2017
through 2021, the Secretary shall carry out a competition for a tall
wood building design, or other innovative wood product demonstration,
in accordance with section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719).
SEC. 5. WOOD INNOVATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an individual;
(B) a public or private entity (including a center
of excellence that consists of one or more partnerships
between forestry, engineering, architecture, or
business schools at one or more institutions of higher
education); or
(C) a State, local, or tribal government.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(b) Grants Authorized.--The Secretary, in carrying out the wood
innovation grant program of the Secretary described in the notice of
the Secretary entitled ``Request for Proposals: 2016 Wood Innovations
Funding Opportunity'' (80 Fed. Reg. 63498 (October 20, 2015)), may make
a wood innovation grant to one or more eligible entities each year for
the purpose of advancing the use of innovative wood products.
(c) Incentivizing Use of Existing Milling Capacity.--In selecting
among proposals of eligible entities under subsection (b), the
Secretary shall give priority to proposals that include the use or
retrofitting (or both) of existing sawmill facilities located in
counties in which the average annual unemployment rate exceeded the
national average unemployment rate by more than 1 percent in the
previous calendar year.
(d) Matching Requirement.--As a condition of receiving a grant
under subsection (b), an eligible entity shall provide funds equal to
the amount the eligible entity receives under the grant, to be derived
from non-Federal sources. | Timber Innovation Act of 2017 This bill directs the Department of Agriculture (USDA), acting through the Research and Development and the State and Private Forestry deputy areas of the Forest Service, to conduct performance-driven research and development, education, and technical assistance to facilitate the use of innovative wood products in wood building construction in the United States. Such activities shall give priority to: (1) improving the commercialization of such products, (2) analyzing the safety of tall wood building materials, (3) calculating and reducing the life cycle environmental footprint of tall wood building construction, and (4) analyzing the potential implications of the use of innovative wood products in building construction on wildlife. "Tall wood building" means a building designed to be over 85 feet high and constructed with large panelized wood construction, including cross-laminated timber, nail laminated timber, glue laminated timber, laminated strand lumber, and laminated veneer lumber. USDA shall carry out an annual competition for FY2017-FY2021 for a tall wood building design, or other innovative wood product demonstration, in accordance with the requirements for prize competitions carried out under the Stevenson-Wydler Technology Innovation Act of 1980. The Forest Service, in carrying out a wood innovation grant program, may make grants to advance the use of innovative wood products, with priority to grant proposals that include the use or retrofitting of existing sawmill facilities in counties where the average annual unemployment rate exceeded the national average by more than 1% in the previous year. | {"src": "billsum_train", "title": "Timber Innovation Act of 2017"} | 1,128 | 317 | 0.742823 | 2.317418 | 1.022115 | 4.425606 | 3.640138 | 0.903114 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Urban Watershed Model
Restoration Act''.
SEC. 2. ANACOSTIA RIVER WATERSHED RESTORATION AND PROTECTION PILOT
PROGRAM.
(a) In General.--The Administrator of the Environmental Protection
Agency shall develop and carry out a pilot program to serve as a
national model for the restoration of urban watersheds and community
environments. The purposes of the program shall be to demonstrate
methods to encourage urban communities to use their environmental
resources as a catalyst for sustainable community redevelopment and to
meet the objectives of the Federal Water Pollution Control Act,
including stormwater, combined sewer overflows, and other water quality
objectives. The program shall have a dual function of restoration and
protection of river resources and reduction of environmental human
health risks in the surrounding communities.
(b) Location.--The pilot program under this section shall be
carried out in the Anacostia River watershed, District of Columbia and
Maryland.
(c) Activities.--In carrying out the program under this section,
the Administrator shall--
(1) integrate on a community or geographic basis the
regulatory and nonregulatory programs of the Environmental
Protection Agency with other Federal, State, and local
government programs and provide effective coordination among
such programs;
(2) support baseline monitoring efforts of State and local
governments to determine key trends in ambient environmental
conditions for the purpose of filling gaps in critical data
about the environmental condition of the watershed;
(3) develop and maintain environmental indicators in
conjunction with interested public entities and ensure regular
public reporting of these indicators;
(4) provide grants in accordance with subsection (d) to
local community groups and nonprofit organizations to foster
community involvement in the decisionmaking process,
environmental educational goals, and restoration strategies;
(5) assist in the establishment of measurable goals for
such restoration;
(6) maintain annual program plans which provide for public
input;
(7) provide opportunities for the education of school
children and community groups on local environmental resources
and on what individuals can do to reduce environmental and
health risks;
(8) develop consensus strategies for the restoration and
protection of the watershed in cooperation with other Federal,
State, and local groups to address critical issues and needs;
(9) maintain a biennial Federal work planning process for
Federal landholders and programmatic agencies to identify
specific opportunities and needs for Federal activities in
support of the pilot program's goals;
(10) demonstrate new technologies and approaches which are
applicable nationally to stormwater management, combined sewer
overflow control, floatables reduction, forest buffer
restoration, and other activities being conducted under the
Federal Water Pollution Control Act;
(11) participate in urban habitat improvement projects in
the watershed on a demonstration basis;
(12) assist in the implementation of the regional action
plan for toxics reduction and prevention in the watershed;
(13) implement on the ground projects for restoration of
the watershed to the extent they are unique or transferable to
national audiences; and
(14) maintain and enhance the Biennial Work Plan for the
Anacostia River Watershed published by the United States Army
Corp of Engineers and the Environmental Protection Agency for
the purpose of identifying specific opportunities for Federal
landholders to contribute to the pilot program.
(d) Challenge Grants.--
(1) Set-aside.--The Administrator may set aside no less
than $500,000 of amounts appropriated to carry out this section
for each fiscal year to make grants under subsection (c)(4).
(2) Environmental protection agency share.--The
Environmental Protection Agency's share of the costs of
activities to be carried out with a grant under this section
shall be not less than 75 percent. The remaining share of such
costs may be provided through in-kind contributions and may be
provided from Federal funds appropriated to carry out any law,
other than this Act, if the Federal agency making such funds
available agrees.
(e) Coordination.--In carrying out the pilot program under this
section, the Administrator shall work in coordination with other
Federal agencies, particularly the Army Corps of Engineers, to identify
projects and activities which are supportive of the goals of the pilot
program.
(f) Reports.--The Administrator shall transmit to Congress by
January 1 of each fiscal years 2003 through 2007 a report on the
activities carried out under, and results of, the pilot program during
the preceding fiscal year, including a report on the technical,
managerial, and public involvement aspects of the pilot program which
are transferable to other urban areas.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2003 through 2007. Such sums shall remain available until
expended. | National Urban Watershed Model Restoration Act - Directs the Administrator of the Environmental Protection Agency to develop and carry out a pilot program to serve as a national model for the restoration of urban watersheds and community environments. Requires such program to be carried out in the Anacostia River watershed, District of Columbia and Maryland.Authorizes the Administrator to set aside amounts for grants to local community groups and nonprofit organizations to foster community involvement in the decision making process, environmental educational goals, and restoration strategies. | {"src": "billsum_train", "title": "To direct the Administrator of the Environmental Protection Agency to carry out a pilot program for restoration of urban watersheds and community environments in the Anacostia River watershed, District of Columbia and Maryland, and for other purposes."} | 982 | 110 | 0.59631 | 1.595851 | 1.364989 | 5.804348 | 10.423913 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Advocacy Act of 2007''.
SEC. 2. PILOT PROGRAM ON PROVISION OF LEGAL ASSISTANCE TO ASSIST
VETERANS AND MEMBERS OF THE ARMED FORCES RECEIVE HEALTH
CARE, BENEFITS, AND SERVICES.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a pilot program to assess the feasibility and
advisability of utilizing eligible entities to provide legal
services to assist veterans and members of the Armed Forces in
applying for and receiving health care, benefits, and services.
(2) Consultation.--The Secretary of Veterans Affairs shall
carry out the pilot program in consultation with the Secretary
of Defense.
(b) Grants.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out the pilot program through the award of grants to
eligible entities selected by the panel established in
accordance with subsection (d)(1) for--
(A) the provision of legal services at no cost to
members of the Armed Forces and veterans as described
in subsection (a)(1); or
(B) the provision of legal training to attorneys of
eligible entities on the health and benefits programs
of the Department of Defense and the Department of
Veterans Affairs to facilitate the provision of legal
services described in subsection (a)(1).
(2) Awarding grants.--Grants under this subsection shall be
awarded to eligible entities selected pursuant to subsection
(d) not later than 180 days after the date of the enactment of
this Act.
(3) Number of grants.--
(A) In general.--The Secretary shall award 10
grants under the pilot program.
(B) State-designated protection and advocacy
systems.--Not less than five of the grants awarded
under the pilot program shall be awarded to State-
designated protection and advocacy systems.
(4) Grant amount.--The amount of each grant awarded under
the pilot program shall be determined by the selection panel
described in subsection (d)(1), except that each such grant may
not be awarded in an amount that--
(A) exceeds $100,000; or
(B) is less than $25,000.
(5) Duration.--The duration of any grant awarded under the
pilot program may not exceed one year.
(6) Avoidance of frivolous benefit claims.--An eligible
entity that receives a grant under this subsection shall make
reasonable efforts to avoid representing veterans and members
of the Armed Forces with respect to frivolous benefits claims.
(c) Eligible Entities.--For purposes of this subsection, an
eligible entity is any entity or organization, including a State-
designated protection and advocacy systems, that--
(1) is not part of the Department of Veterans Affairs or
the Department of Defense; and
(2) provides legal services by licensed attorneys with
experience assisting veterans, members of the Armed Forces, or
persons with disabilities.
(d) Selection of Grant Recipients.--
(1) Selection by panel.--
(A) In general.--Each application submitted under
paragraph (2) shall be evaluated by a panel appointed
by the Secretary for purposes of the pilot program. The
panel shall select eligible entities for receipt of
grants under subsection (b) from among the applications
so evaluated.
(B) Membership of panel.--Members of the panel
shall be appointed in equal numbers from among
individuals as follows:
(i) Officers and employees of the
Department of Veterans Affairs.
(ii) With the approval of the Secretary of
Defense, officers and employees of the
Department of Defense.
(iii) Representatives of veterans service
organizations.
(iv) Representatives of organizations that
provide services to members of the Armed
Forces.
(v) Attorneys that represent veterans.
(vi) Attorneys employed by a State-
designated protection and advocacy system.
(2) Application.--An eligible entity seeking a grant under
the pilot program shall submit to the Secretary of Veterans
Affairs an application therefor in such form and in such manner
as the Secretary considers appropriate.
(3) Elements.--Each application submitted under paragraph
(2) shall include the following:
(A) In the case of an eligible entity applying for
a grant under subsection (b)(1)(A), the following:
(i) A description of the population of
members of the Armed Forces and veterans to be
provided assistance.
(ii) A description of the outreach to be
conducted by the eligible entity concerned to
notify members of the Armed Forces and veterans
of the availability of such assistance.
(B) In the case of an eligible entity applying for
a grant under subsection (b)(1)(B), the following:
(i) A description of the population of
attorneys to be provided training.
(ii) A description of the outreach to be
conducted by the eligible entity concerned to
notify attorneys of the availability of such
training.
(C) In the case of an eligible entity applying for
a grant under subparagraphs (A) and (B) of subsection
(b)(1), the elements described in subparagraphs (A) and
(B) of this paragraph.
(e) Report.--Not later than one year after the date described in
subsection (b)(2), the Secretary of Veterans Affairs shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the pilot
program required by subsection (a), including the following:
(1) The number of veterans and members of the Armed Forces
that received assistance or services from such pilot program.
(2) A description of the assistance and services provided
as part of such pilot program.
(f) Definitions.--In this section:
(1) State-designated protection and advocacy system.--The
term ``State-designated protection and advocacy system'' means
a system established in a State to protect the legal and human
rights of individuals with developmental disabilities in
accordance with subtitle C of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et
seq.).
(2) Veterans service organization.--The term ``veterans
service organization'' means any organization organized by the
Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
(g) Funding.--Of amounts appropriated for ``Defense Health
Program'' in the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law
110-28), $1,000,000 shall be available for fiscal year 2008 to carry
out the provisions of this section and not for the purposes for which
appropriated by such Act. Any amount made available by this subsection
shall remain available without fiscal year limitation. | Veterans Advocacy Act of 2007 - Directs the Secretary of Veterans Affairs to carry out a program to assess the feasibility and advisability of utilizing legal entities to provide legal services to assist veterans and members of the Armed Forces in applying for and receiving health care, benefits, and services. Requires the Secretary to award ten grants to legal entities to provide such services. Limits grant duration to one year. | {"src": "billsum_train", "title": "A bill to establish a pilot program on the provision of legal services to assist veterans and members of the Armed Forces receive health care, benefits and services, and for other purposes."} | 1,465 | 93 | 0.646964 | 1.538118 | 1.396188 | 5.64 | 18.146667 | 0.946667 |
SECTION 1. EXPANSION OF CREDIT FOR HYDROGEN-RELATED ALTERNATIVE FUEL
VEHICLE REFUELING PROPERTY.
(a) Increase in Credit Percentage.--Subsection (a) of section 30C
of the Internal Revenue Code of 1986 (relating to alternative fuel
vehicle refueling property credit) is amended by inserting ``(50
percent in the case of property relating to hydrogen)'' after ``30
percent''.
(b) No Dollar Limitation.--Subsection (b) of section 30C of such
Code is amended by adding at the end the following flush sentence:
``The preceding sentence shall not apply in the case of property
related to hydrogen.''.
(c) Credit Allowable for Refueling Property for Certain Motor
Vehicles Designed for Carrying or Towing Loads.--
(1) In general.--Subsection (c) of section 30C of such Code
is amended by striking ``and'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(3) with respect to property described in section
179A(d)(3)(A) for the storage or dispensing of fuel at least 85
percent of the volume of which consists of hydrogen, the
reference to motor vehicles in section 179A(d)(3)(A) included
specified off-highway vehicles.''.
(2) Specified off-highway vehicles defined.--Subsection (e)
of section 30C of such Code is amended by adding at the end the
following new paragraph:
``(7) Specified off-highway vehicles.--For purposes of
subsection (c)(3)--
``(A) In general.--The term `specified off-highway
vehicles' means all types of vehicles propelled by
motor that are designed for carrying or towing loads
from one place to another, regardless of the type of
load or material carried or towed and whether or not
the vehicle is registered or required to be registered
for highway use, including fork lift trucks used to
carry loads at railroad stations, industrial plants,
and warehouses.
``(B) Exceptions.--Such term does not include--
``(i) farm tractors, trench diggers, power
shovels, bulldozers, road graders or rollers,
and similar equipment which does not carry or
tow a load, and
``(ii) any vehicle that operates
exclusively on a rail or rails.''.
(d) Credit for Hydrogen Property Extended Through 2016.--Paragraph
(1) of section 30C(g) of such Code is amended by striking ``December
31, 2014'' and inserting ``December 31, 2016''.
(e) Effective Date.--
(1) In general.--The amendments made by subsections (a) and
(c) shall apply to property placed in service after the date of
the enactment of this Act in taxable years ending after such
date.
(2) Repeal of limitation.--The amendment made by subsection
(b) shall apply to taxable years beginning after the date of
the enactment of this Act.
(3) Hydrogen refueling property.--The amendment made by
subsection (d) shall apply to property placed in service after
December 31, 2014.
SEC. 2. INCREASED INVESTMENT CREDIT FOR MORE EFFICIENT FUEL CELLS.
(a) Increased Percentage.--
(1) In general.--Subparagraph (A) of section 48(a)(2) of
the Internal Revenue Code of 1986 (relating to energy
percentage) is amended by redesignating clauses (i) and (ii) as
clauses (iii) and (iv), respectively, and by inserting before
clause (iii), as so redesignated, the following new clauses:
``(i) 50 percent in the case of qualified
fuel cell property used in a combined heat and
power system having an energy efficiency
percentage (as defined in section 48(c)(3)(C))
of 70 percent or more,
``(ii) 40 percent in the case of qualified
fuel cell property used in such a system having
an energy efficiency percentage (as so defined)
of at least 60 percent but less than 70
percent,''.
(2) Conforming amendments.--
(A) Subclause (I) of section 48(a)(2)(A)(iii) of
such Code, as redesignated by paragraph (1), is amended
by inserting ``not described in clause (i) or (ii)''
before the comma.
(B) Clause (iv) of section 48(a)(2)(A) of such
Code, as so redesignated, is amended by striking ``to
which clause (i) does not apply'' and inserting ``to
which none of the preceding clauses apply''.
(b) Increased Maximum Credit.--Subparagraph (B) of section 48(c)(1)
of such Code is amended to read as follows:
``(B) Limitation.--In the case of qualified fuel
cell property placed in service during the taxable
year, the credit otherwise determined under subsection
(a) for such year with respect to such property shall
not exceed an amount equal to--
``(i) in the case of property described in
subsection (a)(2)(A)(i), $2,500 for each 0.5
kilowatt of capacity of such property,
``(ii) in the case of property described in
subsection (a)(2)(A)(ii), $2,000 for each 0.5
kilowatt of capacity of such property, and
``(iii) in the case of property described
in subsection (a)(2)(A)(iii)(I), $1,500 for
each 0.5 kilowatt of capacity of such
property.''.
(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, with respect to the tax credit for alternative fuel vehicle refueling property expenditures, to: (1) increase the rate of such credit from 30% to 50% for hydrogen-related alternative fuel vehicles, (2) eliminate the dollar limitation on such credit for hydrogen-related vehicles, (3) allow such credit for off-highway motor vehicles designed for carrying or towing loads, and (4) extend such credit through 2016 for property related to hydrogen.
Increases the 30% energy tax credit for investment in fuel cell property to: (1) 50% for fuel cell property used in a combined heat and power system having an energy efficiency percentage of 70% or more, and (2) 40% for fuel cell property having an energy efficiency percentage of at least 60% but less than 70%. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to increase, expand, and extend the credit for hydrogen-related alternative fuel vehicle refueling property and to increase the investment credit for more efficient fuel cells."} | 1,363 | 156 | 0.551711 | 1.453205 | 0.66787 | 2.836364 | 6.890909 | 0.884848 |
SECTION 1. JURISDICTION OF THE COMMODITY FUTURES TRADING COMMISSION
OVER ENERGY TRADING MARKETS.
(a) Repeal of Definition of Exempt Commodity.--Section 1a of the
Commodity Exchange Act (7 U.S.C. 1a) is amended by striking paragraph
(14) and inserting the following:
``(14) [Repealed.]''.
(b) FERC Liaison.--Section 2(a)(8) of the Commodity Exchange Act (7
U.S.C. 2(a)(8)) is amended by adding at the end the following:
``(C) FERC liaison.--The Commission shall, in
cooperation with the Federal Energy Regulatory
Commission, maintain a liaison between the Commission
and the Federal Energy Regulatory Commission.''.
(c) Exempt Transactions.--Section 2 of the Commodity Exchange Act
(7 U.S.C. 2) is amended by striking subsection (g) and inserting the
following:
``(g) Exempt Transactions.--
``(1) Applicability.--
``(A) In general.--Except as provided in
subparagraph (B), this Act shall not apply to any
agreement, contract, or transaction in a commodity
other than an agricultural commodity if the agreement,
contract, or transaction--
``(i) is between persons that are eligible
contract participants at the time at which the
agreement, contract, or transaction is entered
into;
``(ii) is subject to individual negotiation
by the parties to the agreement, contract, or
transaction; and
``(iii) is not executed or traded on a
trading facility.
``(B) Exceptions.--An agreement, contract, or
transaction described in subparagraph (A) shall be
subject to--
``(i) sections 4b, 4c(b), 4o, and 5b;
``(ii) subsections (c) and (d) of section
6, 6c, 6d, and 8a, to the extent that those
provisions--
``(I) provide for the enforcement
of the requirements specified in this
paragraph and paragraphs (2), (3), and
(4); and
``(II) prohibit the manipulation of
the market price of any commodity in
interstate commerce or for future
delivery on or subject to the rules of
any contract market;
``(iii) sections 6c, 6d, 8a, and 9(a)(2),
to the extent that those provisions prohibit
the manipulation of the market price of any
commodity in interstate commerce or for future
delivery on or subject to the rules of any
contract market;
``(iv) section 12(e)(2); and
``(v) section 22(a)(4).
``(2) Eligible trading facilities and systems.--
``(A) In general.--A person or group of persons
that constitutes, maintains, administers, or provides a
physical or electronic facility or system in which a
person has the ability to offer, execute, trade, or
confirm the execution of an agreement, contract, or
transaction by making or accepting the bids and offers
of all other participants on the facility or system
(including facilities or systems described in clauses
(i) and (iii) of section 1a(33)(B)), may offer to enter
into, enter into, or confirm the execution of any
agreement, contract, or transaction under paragraph (1)
if the person or group of persons meets the requirement
of subparagraph (B).
``(B) Requirement.--The requirement of this
subparagraph is that a person or group of persons
described in subparagraph (A) shall--
``(i) register with the Commission in any
capacity that the Commission requires by rule,
regulation, or order;
``(ii) file with the Commission any reports
(including large trader position reports) that
the Commission requires by rule, regulation, or
order;
``(iii) maintain sufficient net capital, as
determined by the Commission; and
``(iv)(I) maintain books and records
consistent with section 4i; and
``(II) make those books and records
available to representatives of the Commission
and the Department of Justice for inspection at
all times.
``(3) Reporting requirements.--An eligible contract
participant that enters into an agreement, contract, or
transaction exempt under paragraph (1) shall--
``(A) file with the Commission any reports that the
Commission may require by rule, regulation, or order;
and
``(B)(i) maintain books and records consistent with
section 4i; and
``(ii) make those books and records available to
representatives of the Commission and the Department of
Justice for inspection at all times.
``(4) Transactions exempted by commission action.--Any
agreement, contract, or transaction under paragraph (1) that
would otherwise be exempted by the Commission under section
4(c) shall be subject to--
``(A) sections 4b, 4c(b), and 4o; and
``(B) subsections (c) and (d) of section 6, 6c, 6d,
8a, and 9(a)(2), to the extent that those provisions
prohibit the manipulation of the market price of any
commodity in interstate commerce or for future delivery
on or subject to the rules of any contract market.
``(5) Effect.--This subsection does not affect the power of
the Federal Energy Regulatory Commission to regulate
transactions described in paragraph (1) under the Federal Power
Act (16 U.S.C. 791a et seq.).''.
(d) Repeal of Guidelines for Transactions in Exempt Commodities.--
Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (i).
(e) Contracts Designed to Defraud or Mislead.--Section 4b of the
Commodity Exchange Act (7 U.S.C. 6b) is amended by striking subsection
(a) and inserting the following:
``(a) Prohibition.--It shall be unlawful--
``(1) for any member of a contract market, or for any
correspondent, agent, or employee of any member, in or in
connection with any order to make, or the making of, any
contract of sale commodity in interstate commerce, made, or to
be made on or subject to the rules of any contract market; or
``(2) for any person, in or in connection with any order to
make, or the making of, any agreement, transaction, or contract
in a commodity subject to the provisions of this Act--
``(A) to cheat or defraud or attempt to cheat or
defraud the other person;
``(B) willfully to make or cause to be made to the
other person any false report or statement, or
willfully to enter or cause to be entered for the other
person any false record;
``(C) willfully to deceive or attempt to deceive
the other person by any means in regard to any order or
contract or the disposition or execution of the order
or contract, or in regard to any act of agency
performed with respect to the order or contract for the
other person; or
``(D) to bucket the order, or to fill the order by
offset against the order of any other person, or
willfully, knowingly, and without the prior consent of
the other person to become the buyer in respect to any
selling order of the other person, or to become the
seller in respect to any buying order of the other
person.''.
(f) Conforming Amendments.--The Commodity Exchange Act is amended--
(1) in section 2(e) (7 U.S.C. 2(e))--
(A) in paragraph (1), by striking ``, 2(g), or
2(h)(3)'';
(B) in paragraph (2), by striking ``, or operating
as an exempt board of trade'';
(C) by striking paragraph (3); and
(D) by redesignating paragraph (4) as paragraph
(3);
(2) in section 2(h) (7 U.S.C. 2(h)) (as redesignated by
subsection (d)), by striking ``2(h) or'';
(3) in section 4i (7 U.S.C. 6i)--
(A) by striking ``any contract market or'' and
inserting ``any contract market,''; and
(B) by inserting ``, or pursuant to an exemption
under section 4(c)'' after ``transaction execution
facility'';
(4) in section 5a(g)(1) (7 U.S.C. 7a(g)(1)), by striking
``, or exempt under section 2(h) of this Act'';
(5) in section 5b (7 U.S.C. 7a-1)--
(A) in subsection (a)(1), by striking ``2(h) or'';
and
(B) in subsection (b), by striking ``2(h) or''; and
(6) in section 12(e)(2)(B) (7 U.S.C. 16(e)(2)(B)), by
striking ``2(h) or''.
SEC. 2. RECRUITMENT AND RETENTION OF QUALIFIED PERSONNEL AT THE FEDERAL
ENERGY REGULATORY COMMISSION.
Section 401(c) of the Department of Energy Organization Act (42
U.S.C. 7171(c)) is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (1), (3), (4), and (5) as
subparagraphs (A), (B), (C), and (D), respectively;
(3) by striking ``(c) The Chairman'' and inserting the
following:
``(c) Administration.--
``(1) In general.--The Chairman''; and
(4) by adding at the end the following:
``(2) Personnel matters.--
``(A) In general.--The Chairman may--
``(i) appoint, prescribe the duties, and
fix the salaries of an executive director, a
secretary, a chief engineer, a general counsel,
a solicitor, and a chief accountant; and
``(ii) subject to the civil service laws--
``(I) appoint any other officers
and employees that are necessary in the
execution of the duties of the
Commission; and
``(II) fix the salaries of any
officer or employee appointed under
subclause (I).
``(B) Compensation.--
``(i) In general.--Rates of basic pay for
all employees of the Commission may be set and
adjusted by the Chairman without regard to the
provisions of chapter 51 or subchapter III of
chapter 53 of title 5, United States Code.
``(ii) Additional compensation.--The
Chairman may provide additional compensation
and benefits to employees of the Commission if
the same type and amounts of compensation or
benefits are or are authorized to be provided
by any other Federal agency under applicable
provisions of law (including regulations).
``(iii) Comparability.--In setting and
adjusting the total amount of compensation and
benefits for employees under this paragraph,
the Chairman shall consult with, and seek to
maintain comparability with, other Federal
agencies.
``(C) Early retirement.--The Chairman may offer
early out retirement and voluntary separation incentive
payments, as appropriate.
``(D) Recruitment.--The Chairman may use modified
hiring delegation authorities to recruit for positions
at all grade levels that are difficult to fill,
including economists, engineers, accountants, auditors,
and energy, market, and financial analysts.
``(E) Merit system principles.--This paragraph
shall be administered consistent with merit system
principles.
``(F) Consultation with OPM.--In carrying out this
paragraph, the Chairman shall consult with the Director
of the Office of Personnel Management.''.
SEC. 3. JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION OVER
ENERGY TRADING MARKETS.
Section 402 of the Department of Energy Organization Act (42 U.S.C.
7172) is amended by adding at the end the following:
``(i) Jurisdiction Over Derivatives Transactions.--
``(1) Definitions.--In this subsection:
``(A) Derivatives transaction.--
``(i) In general.--The term `derivatives
transaction' means a transaction based on, or
reflecting prices of or for, electric energy or
natural gas.
``(ii) Inclusions.--The term `derivatives
transaction' includes--
``(I) futures;
``(II) options;
``(III) forwards; and
``(IV) swaps.
``(iii) Exclusions.--The term `derivatives
transaction' does not include a derivatives
transaction that is--
``(I) under the exclusive
jurisdiction of the Commodity Futures
Trading Commission; or
``(II) concerns a retail sale of
electric energy or natural gas and is
under the exclusive jurisdiction of a
State.
``(B) Person.--The term `person' has the meaning
given the term in section 1a of the Commodity Exchange
Act (7 U.S.C. 1a).
``(2) Jurisdiction.--The Commission shall have jurisdiction
over--
``(A) derivatives transactions;
``(B) any person that makes a derivatives
transaction; and
``(C) any entity that operates an electronic forum
in which persons make derivatives transactions.
``(3) Authorities and duties.--
``(A) In general.--The authorities and duties of
the Commission under this subsection with respect to
derivatives transactions shall be the same as the
authorities and duties of the Commission under--
``(i) sections 205 and 206 and part III of
the Federal Power Act (16 U.S.C. 824d, 824e,
825 et seq.); and
``(ii) sections 4 and 5 of the Natural Gas
Act (15 U.S.C. 717c, 717d).
``(B) Meetings.--The Commission shall meet
quarterly with the Commodity Futures Trading
Commission, the Securities Exchange Commission, the
Federal Trade Commission, and the Federal Reserve Board
to discuss--
``(i) conditions and events in energy
trading markets; and
``(ii) any changes in Federal law
(including regulations) that may be appropriate
to regulate energy trading markets.
``(C) Report.--Not later than the date that is 1
year after the date of enactment of this subsection and
annually thereafter, the Commission shall submit to
Congress a report that describes the activities of the
Commission relating to the regulation of derivatives
under this subsection during the preceding year.
``(4) Rights and obligations.--Persons and entities
regulated under this subsection shall have the same rights and
obligations as persons regulated by the Commission under
sections 205 and 206 and part III of the Federal Power Act (16
U.S.C. 824d, 824e, 825 et seq.).
``(5) Liaison.--The Commission shall, in cooperation with
the Commodity Futures Trading Commission, maintain a liaison
between the Commission and the Commodity Futures Trading
Commission.
``(6) Rates.--It shall be unlawful to make, demand, or
receive rates and charges for or in connection with derivatives
transactions that are unjust, unreasonable, discriminatory, or
preferential.''. | Amends the Commodity Exchange Act to repeal: (1) the definition of "exempt commodity"; and (2) the guidelines governing transactions in exempt commodities (thus subjecting to CFTC regulatory oversight formerly exempt commodity transactions).Directs the Commodity Futures Trading Commission (CFTC) to maintain a liaison with the Federal Energy Regulatory Commission (FERC).Subjects formerly exempt swap transactions to: (1) CFTC enforcement jurisdiction; and (2) CFTC proscriptions against manipulation of commodity market prices.Requires eligible trading facilities and systems to comply with CFTC regulations pertaining to: registration, reporting, recordkeeping, and net capital reserves.Expands the prohibition against fraudulent or misleading contracts to include any member of a contract market (currently any member of a registered entity).Amends the Department of Energy Organization Act with respect to the recruitment and retention of qualified personnel at FERC. Grants FERC jurisdiction over: (1) energy trading markets; (2) derivatives transactions reflecting electric energy or natural gas prices (including futures, options, forwards and swaps); (3) any person that makes a derivatives transaction; and (4) any operator of an electronic forum in which derivatives transaction are made. | {"src": "billsum_train", "title": "A bill to provide regulatory oversight over energy trading markets, and for other purposes."} | 3,521 | 266 | 0.505257 | 1.414031 | 0.762364 | 2.408257 | 14.298165 | 0.848624 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Assault while Flying
Enforcement Act of 2017''.
SEC. 2. AIR CARRIER DEFINED.
In this Act, the term ``air carrier'' means an air carrier or
foreign air carrier, as those terms are defined in section 40102 of
title 49, United States Code.
SEC. 3. ADDITIONAL TRAINING RELATING TO RESPONDING TO SEXUAL ASSAULT
AND SEXUAL HARASSMENT ON BOARD PASSENGER AIRCRAFT.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44736. Additional training relating to responding to sexual
assault and sexual harassment on board passenger aircraft
``(a) Training Required.--In addition to other training required
under this chapter, each air carrier and foreign air carrier shall
provide initial and annual recurrent training for flight attendants,
pilots, and other individuals who are employees or contractors of the
air carrier, with respect to responding to and addressing sexual
assault and sexual harassment of passengers and employees and
contractors of the air carrier on board aircraft operated by the air
carrier in passenger air transportation.
``(b) Situational Training.--An air carrier or foreign air carrier
shall include, in initial and recurrent training provided under this
section, situational training with respect to the proper method for
dealing with passengers who are accused of, and passengers who report,
sexual assault or sexual harassment.
``(c) Trauma-Informed Training.--Training provided under this
section shall include--
``(1) training on--
``(A) how to use a trauma-informed approach with
individuals who report incidents of sexual assault or
sexual harassment in a way that is survivor-centered;
``(B) the effects of trauma on such individuals;
``(C) how to ensure the safety of all passengers;
and
``(D) how to properly report such assault or
harassment to air carriers; and
``(2) providing appropriate information about available
options for--
``(A) reporting sexual assault and sexual
harassment to air carriers, the Department of
Transportation, and the Department of Justice; and
``(B) obtaining care with respect to such assault
or harassment.
``(d) Minimum Standards.--Training provided under this section
shall incorporate the minimum standards developed under section 6(d) of
the Stopping Assault while Flying Enforcement Act of 2017.''.
(b) Clerical Amendment.--The table of sections for chapter 447 of
title 49, United States Code, is amended by adding at the end the
following:
``44736. Additional training relating to responding to sexual assault
and sexual harassment on board passenger
aircraft.''.
(c) Effective Date.--The requirement for an air carrier to provide
training under section 44736 of title 49, United States Code, as added
by subsection (a), shall take effect on the date that is 2 years after
the date of the enactment of this Act.
(d) Regulations.--Not later than 18 months after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall, after reviewing the recommendations of the
National In-Flight Sexual Assault Task Force under section 6(c)(3),
prescribe regulations to carry out section 44736 of title 49, United
States Code, as added by subsection (a).
SEC. 4. DATA COLLECTION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Transportation shall establish
a program to collect and maintain data from air carriers on the
incidence of sexual assault and sexual harassment on board aircraft
operated in passenger air transportation in a manner that protects the
privacy and confidentiality of individuals subjected to such assault or
harassment.
(b) Data Availability.--The Secretary shall make the data collected
and maintained under subsection (a) available to the public on the
primary Internet website of the Department of Transportation in a
manner that protects the privacy and confidentiality of individuals
subjected to sexual assault or sexual harassment on board aircraft
operated in passenger air transportation.
SEC. 5. REPORTING OF INCIDENTS OF SEXUAL ASSAULT AND HARASSMENT ON
BOARD AIRCRAFT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Attorney General shall establish a
streamlined process, based on the recommendations of the National In-
Flight Sexual Assault Task Force under section 6(c)(3), for reporting
incidents of sexual assault and sexual harassment on board aircraft
operated in passenger air transportation in a manner that protects the
privacy and confidentiality of individuals subjected to such assault or
harassment.
(b) Availability of Reporting Process.--The reporting process
established under subsection (a) shall be made available to the public
on the primary Internet websites of--
(1) the Office for Victims of Crime and the Office on
Violence Against Women of the Department of Justice; and
(2) the Department of Transportation.
SEC. 6. NATIONAL IN-FLIGHT SEXUAL ASSAULT TASK FORCE.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Transportation shall establish
a task force, to be known as the ``National In-Flight Sexual Assault
Task Force''.
(b) Membership.--The task force established under subsection (a)
shall be composed of representatives of--
(1) the Department of Transportation;
(2) the Federal Aviation Administration;
(3) the Department of Justice, including the Office for
Victims of Crimes and the Office on Violence Against Women;
(4) the Department of Health and Human Services;
(5) national organizations that specialize in providing
services to sexual assault survivors;
(6) national organizations that specialize in responding to
and addressing sexual assault and sexual harassment;
(7) survivors of sexual assault or sexual harassment on
board aircraft;
(8) national consumer protection organizations;
(9) national travel organizations;
(10) labor organizations that represent flight attendants
and pilots;
(11) State and local law enforcement agencies;
(12) airports;
(13) air carriers; and
(14) such other Federal agencies and stakeholder
organizations as the Secretary of Transportation considers
appropriate.
(c) Duties.--The task force established under subsection (a)
shall--
(1) review the practices and protocols of air carriers
relating to--
(A) responding to and addressing sexual assault and
sexual harassment on board aircraft operated in
passenger air transportation;
(B) initial and annual recurrent training programs
relating to responding to and addressing such assault
and harassment;
(C) reporting incidents of such assault and
harassment to air carriers, the Department of
Transportation, and the Department of Justice; and
(D) internal reporting of such incidents between
crewmembers and corporate security of the air carrier;
(2) identify strengths and weaknesses in such protocols and
practices; and
(3) not later than 120 days after the date of the enactment
of this Act, make recommendations with respect to--
(A) best practices and minimum standards for
annual, recurrent, and situational training that is
trauma-informed under section 44736 of title 49, United
States Code, as added by section 3, including a
recommendation with respect to a definition of
``trauma-informed'' for the purposes of that training;
and
(B) a streamlined process for reporting incidents
of sexual assault and sexual harassment on board
aircraft operated in passenger air transportation to
air carriers, the Department of Transportation, and the
Department of Justice, in a manner that protects the
privacy and confidentiality of individuals reporting
such incidents.
(d) Development of Minimum Standards.--Not later than 210 days
after the date of the enactment of this Act, the Attorney General, the
Secretary of Transportation, and the Administrator of the Federal
Aviation Administration shall, after reviewing the recommendations of
the task force under subsection (c)(3)--
(1) establish definitions of ``trauma-informed'' and
``survivor-centered'' for the purposes of the training required
under section 44736 of title 49, United States Code, as added
by section 3; and
(2) develop minimum standards for--
(A) annual, recurrent, and situational training
that is trauma-informed under section 44736 of title
49, United States Code, as added by section 3,
including with respect to intervention by bystanders;
and
(B) reporting incidents of sexual assault and
sexual harassment on board aircraft operated in
passenger air transportation to air carriers, the
Department of Transportation, and the Department of
Justice.
(e) Termination.--The Secretary of Transportation may terminate the
task force established under subsection (a) after the task force has
made the recommendations required by subsection (c)(3). | Stopping Assault while Flying Enforcement Act of 2017 This bill requires air carriers and foreign air carriers to provide initial and recurrent training for certain flight personnel who are employees or contractors about responding to sexual assault and sexual harassment of passengers, employees, and contractors onboard aircraft. The Department of Transportation must establish a National In-Flight Sexual Assault Task Force, whose duties shall include, with respect to sexual assault and sexual harassment onboard aircraft, reviewing the practices and protocols of air carriers and making recommendations about best practices and minimum standards for training and a streamlined process for reporting incidents. | {"src": "billsum_train", "title": "Stopping Assault while Flying Enforcement Act of 2017"} | 1,932 | 133 | 0.64563 | 1.616484 | 0.690863 | 4.056075 | 16.943925 | 0.897196 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Military Spouse
Employment Assistance Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Military spouse employment financial assistance program.
Sec. 3. Department of Defense employment and training opportunities.
Sec. 4. Encouragement of Federal partnerships in support of military
spouse employment.
Sec. 5. Encouragement of private-sector employment of military spouses.
Sec. 6. Employment of military spouses by defense contractors.
Sec. 7. Effective date.
SEC. 2. MILITARY SPOUSE EMPLOYMENT FINANCIAL ASSISTANCE PROGRAM.
(a) Authority To Provide Specified Forms of Financial Assistance to
Military Spouses.--(1) Chapter 88 of title 10, United States Code, is
amended by inserting after section 1784 the following new section:
``Sec. 1784a. Spouse employment financial assistance program
``(a) Establishment of Program.--The Secretary of Defense may
conduct a program to provide financial assistance to military spouses
to assist them in gaining employment. As part of such a program, the
Secretary may carry out a program of tuition assistance for military
spouses pursuing a program of employment-related education or training.
``(b) Military Spouse Defined.--In this section, the term `military
spouse' means the spouse of a member of the armed forces on active
duty.
``(c) Program Goals.--The Secretary shall prescribe specific goals
for the program under this section. Those goals shall include goals for
improvements in retention for married members of the armed forces on
active duty attributable to improvements in family income of those
members and resulting improvements in the quality of life of those
members and their families.
``(d) Types of Financial Assistance.--Under the program, the
Secretary may provide financial assistance for military spouses for one
or more of the following purposes, as specified in regulations
prescribed under this section:
``(1) Career-related education, in accordance with
subsection (e).
``(2) Certification and license fees for employment-related
purposes.
``(3) Apprenticeships and internships.
``(4) Technical training.
``(5) Training to improve job skills.
``(6) Career counseling.
``(7) Skills assessment.
``(8) Job-search skills.
``(9) Job-related transportation.
``(10) Child care.
``(11) Any additional employment-related purpose specified
in the regulations prescribed under subsection (g).
``(e) Tuition Assistance.--Financial assistance under subsection
(d)(1) for career-related education shall be provided through a tuition
assistance program offering benefits similar to those provided under
the tuition assistance program for members of the armed forces under
section 2007 of this title that will improve education and employment
opportunities for military spouses.
``(f) Coordination With Other Programs.--The Secretary shall ensure
that the provisions of this section are carried out in coordination
with other programs of the Department of Defense (including the
relocation assistance program under section 1056 of this title) under
which employment-related assistance may be provided to spouses of
members of the armed forces.
``(g) Regulations.--The Secretary of Defense shall prescribe
regulations for the purposes of the program under this section. In
those regulations, the Secretary shall specify the following:
``(1) Eligibility for financial assistance under the
program , including eligibility for tuition assistance under
subsection (e).
``(2) The types of assistance that may be provided.
``(3) The maximum amount of such assistance that may be
provided for each of the types of assistance specified under
subsection (d).
``(h) Initial Implementation on Pilot Basis.--(1) During the first
three fiscal years during which the program under this section is
carried out, the program shall be conducted on a pilot basis in a
limited number of geographic areas, including bases overseas, for the
purpose of evaluating different program options and program
effectiveness.
``(2) The Secretary shall conduct an evaluation of the program at
the mid-term point of the pilot program period under paragraph (1) and
at the conclusion of the pilot program period. Each such evaluation
shall assess the success of the program, including the success of the
program in meeting the goals specified for the program. The Secretary
shall submit a report on each such evaluation to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1784 the
following new item:
``1784a. Spouse employment financial assistance program.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for the military spouse employment assistance program
under section 1784a of title 10, United States Code, as added by
subsection (a), a total of $12,000,000 for the first three fiscal years
during which the program is in operation.
(c) Initial Locations.--The Secretary shall specify the specific
locations, including bases overseas, at which the military spouse
employment assistance program under section 1784a of title 10, United
States Code, as added by subsection (a), is to be conducted for the
period under subsection (h) of that section during which the program is
to be conducted on a pilot basis.
SEC. 3. DEPARTMENT OF DEFENSE EMPLOYMENT AND TRAINING OPPORTUNITIES.
(a) Review of Department of Defense Policies.--The Secretary of
Defense shall review Department of Defense policies that affect
employment opportunities for military spouses in the Department of
Defense in order to maximize those opportunities. The review shall
include the consideration of providing, to the extent authorized by
law, separate spouse preferences for employment by appropriated and
nonappropriated fund operations.
(b) Space-Available Use of Department of Defense Facilities for
Training Purposes.--Section 1784 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(d) Space-Available Use of Facilities for Training Purposes.--The
Secretary of Defense shall take such steps as appropriate to maximize
opportunities for spouses of members of the armed forces to be provided
employment-related training in Department of Defense facilities on a
space-available basis during normal duty hours and during other periods
when those facilities are not being fully utilized.''.
SEC. 4. ENCOURAGEMENT OF FEDERAL PARTNERSHIPS IN SUPPORT OF MILITARY
SPOUSE EMPLOYMENT.
Section 1784 of title 10, United States Code, as amended by section
3(b), is further amended by adding at the end the following new
subsection:
``(e) Employment by Other Federal Agencies.--The Secretary of
Defense shall work with the Director of the Office of Personnel
Management and the heads of other Federal departments and agencies to
facilitate the appropriate use of existing Federal programs and
resources in support of military spouse employment.''.
SEC. 5. ENCOURAGEMENT OF PRIVATE-SECTOR EMPLOYMENT OF MILITARY SPOUSES.
Section 1784 of title 10, United States Code, as amended by section
4, is further amended by adding at the end the following new
subsection:
``(f) Private-Sector Employment.--The Secretary of Defense--
``(1) shall seek to develop partnerships with firms in the
private sector to enhance employment opportunities for spouses
of members of the armed forces and to provide for improved job
portability for such spouses, especially in the case of the
spouse of a member of the armed forces accompanying the member
to a new geographical area because of a change of permanent
duty station of the member; and
``(2) shall work with the United States Chamber of Commerce
and other appropriate private-sector entities to facilitate the
formation of such partnerships.''.
SEC. 6. EMPLOYMENT OF MILITARY SPOUSES BY DEFENSE CONTRACTORS.
Section 1784 of title 10, United States Code, as amended by section
5, is further amended adding at the end the following new subsection:
``(g) Employment With Defense Contractors.--The Secretary of
Defense shall prescribe regulation to ensure, to the extent
practicable, that private-sector entities, in hiring for work to be
performed on a contract with the Department of Defense, provide
preference to qualified spouses of members of the armed forces and
other employment opportunities for such spouses in the same manner as
is provided for positions in the Department of Defense under subsection
(b).''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2001. | Military Spouse Employment Assistance Act of 2001 - Authorizes the Secretary of Defense to conduct a program to provide financial assistance, including tuition, to military spouses to assist them in gaining employment. Requires such program to be conducted on a pilot basis during its first three years in order to evaluate program options and effectiveness.Directs the Secretary to: (1) review and maximize Department of Defense (DOD) policies affecting employment opportunities for military spouses; (2) maximize the opportunity for military spouses to be employed in DOD facilities; (3) work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to facilitate the use of existing Federal programs and resources to support such employment; (4) seek to develop private-sector partnerships to enhance such opportunities; and (5) prescribe regulations to ensure that private sector entities, in hiring for work to be performed under a DOD contract, provide a preference to qualified military spouses and provide other employment opportunities for such spouses in the same manner as provided for DOD positions. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to establish a program of employment assistance, including employment-related tuition assistance, for military spouses."} | 1,921 | 221 | 0.614078 | 1.678445 | 0.822126 | 4.207921 | 8.920792 | 0.940594 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disabled American Financial Security
Act of 2006''.
SEC. 2. DISABLED AMERICAN FINANCIAL SECURITY ACCOUNTS.
(a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 (relating to exempt organizations) is amended by inserting
after part VIII the following new part:
``PART IX--SAVINGS FOR INDIVIDUALS WITH DISABILITIES
``Sec. 530A. Disabled American Financial Security Accounts.
``SEC. 530A. DISABLED AMERICAN FINANCIAL SECURITY ACCOUNTS.
``(a) General Rule.--A Disabled American Financial Security Account
shall be exempt from taxation under this subtitle. Notwithstanding the
preceding sentence, such account shall be subject to the taxes imposed
by section 511 (relating to imposition of tax on unrelated business
income of charitable organizations).
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Disabled american financial security account.--The
term `Disabled American Financial Security Account' means a
trust created or organized in the United States (and designated
as a Disabled American Financial Security Account at the time
created or organized) exclusively for the purpose of paying
qualified disability expenses of an individual who is disabled
and who is the designated beneficiary of the trust, but only if
the written governing instrument creating the trust meets the
following requirements:
``(A) No contribution will be accepted--
``(i) unless it is in cash, and
``(ii) except in the case of rollover
contributions described in subsection (c)(4),
if such contribution would result in aggregate
contributions for the taxable year and all
preceding taxable years exceeding $500,000.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
that person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts.
``(D) The assets of the trust shall not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Qualified disability expenses.--The term `qualified
disability expenses' means, with respect to an individual with
a disability, amounts paid or incurred for--
``(A) education, medical care, employment training,
moving, daily subsistence, and assistive technology,
and
``(B) after the designated beneficiary has attained
the age of 18, housing and transportation.
``(3) Individual with a disability.--
``(A) In general.--An individual is an individual
with a disability if such individual has been certified
by a physician as having a disability.
``(B) Disability.--The term `disability' means
disabled (within the meaning of section 1614(a)(3) of
the Social Security Act (42 U.S.C. 1382c(a)(3)).
``(C) Physician.--The term `physician' has the
meaning given to such term by section 1861(r)(1) of the
Social Security Act (42 U.S.C. 1395x(r)(1)).
``(c) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount paid or distributed out of a Disabled
American Financial Security Account shall be included in gross
income by the payee or distributee, as the case may be, for the
taxable year in which received in the manner as provided in
section 72.
``(2) Distributions for benefit of designated
beneficiary.--
``(A) In general.--No amount shall be includible in
gross income under paragraph (1) if the qualified
disability expenses of the designated beneficiary
during the taxable year are not less than the aggregate
distributions during the taxable year.
``(B) Distributions in excess of expenses.--If such
aggregate distributions exceed such expenses during the
taxable year, the amount otherwise includible in gross
income under paragraph (1) shall be reduced by the
amount which bears the same ratio to the amount which
would be includible in gross income under paragraph (1)
(without regard to this subparagraph) as the qualified
disability expenses bear to such aggregate
distributions.
``(C) Disallowance of excluded amounts as
deduction, credit, or exclusion.--No deduction, credit,
or exclusion shall be allowed to the taxpayer under any
other section of this chapter for any qualified
disability expenses to the extent taken into account in
determining the amount of the exclusion under this
paragraph.
``(3) Additional tax for distributions not used for benefit
of designated beneficiary.--
``(A) In general.--The tax imposed by this chapter
for any taxable year on any taxpayer who receives a
payment or distribution from a Disabled American
Financial Security Account shall be increased by 10
percent of the amount thereof which is includible in
gross income under paragraph (1).
``(B) Exception.--Subparagraph (A) shall not apply
if the payment or distribution is made to a beneficiary
(or to the estate of the designated beneficiary) on or
after the death of the designated beneficiary.
``(C) Contributions returned before certain date.--
Subparagraph (A) shall not apply to the distribution of
any contribution made during a taxable year if--
``(i) such distribution is made before the
first day of the sixth month of the taxable
year following the taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
Any net income described in clause (ii) shall be
included in gross income for the taxable year in which
such excess contribution was made.
``(4) Rollovers.--Paragraph (1) shall not apply to any
amount paid or distributed from a Disabled American Financial
Security Account to the extent that the amount received is
paid, not later than the 60th day after the date of such
payment or distribution, into another Disabled American
Financial Security Account for the benefit of the same
beneficiary. The preceding sentence shall not apply to any
payment or distribution if it applied to any prior payment or
distribution during the 12-month period ending on the date of
the payment or distribution.
``(5) Change in beneficiary.--Any change in the beneficiary
of a Disabled American Financial Security Account shall not be
treated as a distribution for purposes of paragraph (1) if the
new beneficiary is disabled and is a member of the family (as
defined in section 529(e)(2)) of the old beneficiary.
``(d) Tax Treatment of Accounts.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to any Disabled
American Financial Security Account.
``(e) Community Property Laws.--This section shall be applied
without regard to any community property laws.
``(f) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if--
``(1) the assets of such account are held by a bank (as
defined in section 408(n) or another person who demonstrates,
to the satisfaction of the Secretary, that the manner in which
he will administer the account will be consistent with the
requirements of this section, and
``(2) the custodial account would, except for the fact that
it is not a trust, constitute an account described in
subsection (c)(1).
For purposes of this title, in the case of a custodial account treated
as a trust by reason of the preceding sentence, the custodian of such
account shall be treated as the trustee thereof.
``(g) Reports.--The trustee of a Disabled American Financial
Security Account shall make such reports regarding such account to the
Secretary and to the beneficiary of the account with respect to
contributions, distributions, and such other matters as the Secretary
may require. The reports required by this subsection shall be filed at
such time and in such manner and furnished to such individuals at such
time and in such manner as may be required.
``(h) Coordination With Means-Tested Programs.--Amounts held by, or
paid or distributed from, a Disabled American Financial Security
Account shall not be taken into account in determining eligibility for,
or the amount or extent of, benefits provided by any program funded in
whole or in part with Federal funds.''.
(b) Conforming Amendments.--
(1) Penalty for failure to meet minimum distribution
requirement.--Subsection (c) of section 4974 of such Code is
amended by striking ``or'' at the end of paragraph (4), by
striking the period at the end of paragraph (5) and inserting
``, or'', and by inserting after paragraph (5) the following
new paragraph:
``(6) any Disabled American Financial Security Account (as
defined in section 530A(b)).''.
(2) Tax on prohibited transactions.--Subsection (c) of
section 4975 of such Code (relating to tax on prohibited
transactions) is amended by adding at the end the following new
paragraph:
``(7) Special rule for disabled american financial security
accounts.--An individual for whose benefit a Disabled American
Financial Security Account is established and any contributor
to such account shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if
section 530A(d) applies with respect to such transaction.''.
(3) Reports.--Paragraph (2) of section 6693(a) of such Code
is amended by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively, and by inserting after
subparagraph (C) the following new subparagraph:
``(D) section 530A(g) (relating to Disabled
American Financial SecurityAccounts).''.
(c) Clerical Amendment.--The table of parts for subchapter F of
chapter 1 of such Code is amended by inserting after the item relating
to part VIII the following new item:
``Part IX. Savings for Individuals With Disabilities.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Disabled American Financial Security Act of 2006 - Amends the Internal Revenue Code to establish tax-exempt Disabled American Financial Security Accounts to pay certain expenses, including expenses for education, medical care, and employment training, of disabled individuals. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the establishment of disabled American financial security accounts for the care of family members with disabilities."} | 2,366 | 54 | 0.549869 | 1.194309 | 0.294602 | 2.5 | 47.681818 | 0.909091 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Middle Class Tax
Relief Act of 1999''.
(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) Section 15 Not To Apply.--No amendment made by section 3 shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986.
SEC. 2. FINDINGS.
The Congress hereby finds that--
(1) the first Federal budget surplus in almost 30 years was
realized at the end of fiscal year 1998 and additional annual
surpluses are anticipated;
(2) in anticipation of such surpluses, a systematic plan
should be put in place to retire our $5,500,000,000,000 debt
while restoring the social security and other trust funds; and
(3) once such a plan has been adopted in the context of a
balanced Federal budget and as an alternative to new Government
spending, Congress should provide broad-based tax relief that
will allow hard-working Americans to keep more of what they
earn and the freedom to provide for their own needs.
SEC. 3. REDUCTION OF INCOME TAX RATES; ELIMINATION OF MARRIAGE PENALTY.
(a) General Rule.--Section 1 (relating to tax imposed) is amended
by striking subsections (a) through (e) and inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $70,000...............
15% of taxable income.
Over $70,000 but not over
$104,050.
$10,500, plus 28% of the excess
over $70,000.
Over $104,050 but not over
$158,550.
$20,034, plus 31% of the excess
over $104,050.
Over $158,550 but not over
$283,150.
$36,929, plus 36% of the excess
over $158,550.
Over $283,150..................
$81,785, plus 39.6% of the
excess over $283,150.
``(b) Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $52,600...............
15% of taxable income.
Over $52,600 but not over
$89,150.
$7,890, plus 28% of the excess
over $52,600.
Over $89,150 but not over
$144,400.
$18,124, plus 31% of the excess
over $89,150.
Over $144,400 but not over
$283,150.
$35,251.50, plus 36% of the
excess over $144,400.
Over $283,150..................
$85,201.50, plus 39.6% of the
excess over $283,150.
``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a surviving spouse as defined in section 2(a) or
the head of a household as defined in section 2(b)) who is not a
married individual (as defined in section 7703) a tax determined in
accordance with the following table:
``If taxable income is: The tax is:
Not over $35,000...............
15% of taxable income.
Over $35,000 but not over
$62,450.
$5,250, plus 28% of the excess
over $35,000.
Over $62,450 but not over
$130,250.
$12,936, plus 31% of the excess
over $62,450.
Over $130,250 but not over
$283,150.
$33,954, plus 36% of the excess
over $130,250.
Over $283,150..................
$88,998, plus 39.6% of the
excess over $283,150.
``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $35,000...............
15% of taxable income.
Over $35,000 but not over
$52,025.
$5,250, plus 28% of the excess
over $35,000.
Over $52,025 but not over
$79,275.
$10,017, plus 31% of the excess
over $52,025.
Over $79,275 but not over
$141,575.
$18,464.50, plus 36% of the
excess over $79,275.
Over $141,575..................
$40,892.50, plus 39.6% of the
excess over $141,575.
``(e) Estates and Trusts.--There is hereby imposed on the taxable
income of--
``(1) every estate, and
``(2) every trust,
taxable under this subsection a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $1,750................
15% of taxable income.
Over $1,750 but not over $4,050
$262.50, plus 28% of the excess
over $1,750.
Over $4,050 but not over $6,200
$906.50, plus 31% of the excess
over $4,050.
Over $6,200 but not over $8,450
$1,573, plus 36% of the excess
over $6,200.
Over $8,450....................
$2,383, plus 39.6% of the
excess over $8,450.''.
(b) Conforming Amendments.--
(1) Subsection (f) of section 1 is amended--
(A) by striking ``1993'' in paragraph (1) and
inserting ``1999'',
(B) by striking ``1992'' in paragraph (3)(B) and
inserting ``1998'', and
(C) by striking paragraph (7).
(2) The following provisions are each amended by striking
``1992'' and inserting ``1998'' each place it appears:
(A) Section 25A(h).
(B) Section 32(j)(1)(B).
(C) Section 41(e)(5)(C).
(D) Section 59(j)(2)(B).
(E) Section 63(c)(4)(B).
(F) Section 68(b)(2)(B).
(G) Section 135(b)(2)(B)(ii).
(H) Section 151(d)(4).
(I) Section 220(g)(2).
(J) Section 221(g)(1)(B).
(K) Section 512(d)(2)(B).
(L) Section 513(h)(2)(C)(ii).
(M) Section 685(c)(3)(B).
(N) Section 877(a)(2).
(O) Section 911(b)(2)(D)(ii)(II).
(P) Section 2032A(a)(3)(B).
(Q) Section 2503(b)(2)(B).
(R) Section 2631(c)(1)(B).
(S) Section 4001(e)(1)(B).
(T) Section 4261(e)(4)(A)(ii).
(U) Section 6039F(d).
(V) Section 6323(i)(4)(B).
(W) Section 6601(j)(3)(B).
(X) Section 7430(c)(1).
(3) Subclause (II) of section 42(h)(6)(G)(i) is amended by
striking ``1987'' and inserting ``1998''.
(4) Subparagraph (B) of section 6334(g)(1) is amended by
striking ``by substituting `calendar year 1998' for `calendar
year 1992' in subparagraph (B) thereof''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Middle Class Tax Relief Act of 1999 - Amends the Internal Revenue Code to revise tax rates for: (1) married individuals filing joint returns and surviving spouses (eliminates the marriage penalty); (2) heads of households; (3) other individuals; and (4) estates and trusts. | {"src": "billsum_train", "title": "Middle Class Tax Relief Act of 1999"} | 1,973 | 63 | 0.45807 | 1.085681 | 0.553444 | 2.694915 | 28.067797 | 0.898305 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recognition of Jerusalem as the
Capital of the State of Israel Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Jerusalem has been the eternal and undivided capital of
the state of Israel for the past 3,000 years.
(2) The State of Israel was established on May 14, 1948, in
the wake of World War II in order to serve as a homeland and
place of refuge for the Jewish people.
(3) There has been an uninterrupted Jewish presence in the
city of Jerusalem for 3,000 years and a Jewish majority since
1840. Since 1950, the city of Jerusalem has been the capital of
the State of Israel.
(4) From 1948 to 1967, Jerusalem was a divided city and
Israeli citizens of all faiths were not entitled to visit the
holy sites, and Jews from other countries were restricted in
their access to holy sites in the area controlled by Jordan. In
1967, the city of Jerusalem was reunited during the conflict
known as the Six Day War, and since 1967, Jerusalem has been a
unified city administered by Israel, and persons of all faiths
have been guaranteed full access to the holy sites within the
city.
(5) In 1990, Congress unanimously adopted Senate Concurrent
Resolution 106, which declares that Congress ``strongly
believes that Jerusalem must remain an undivided city in which
the rights of every ethnic religious group are protected''.
(6) In 1995, Congress overwhelmingly approved the Jerusalem
Embassy Relocation Act (Public Law 104-45), requiring the
establishment of the United States Embassy in Jerusalem not
later than May 31, 1999.
(7) The United States maintains its embassy in the
functioning capital in every country except in the State of
Israel.
(8) Establishing sovereign claims according to the 1907
Hague Regulations under article 43, requires that ``[t]he
authority of the legitimate power having in fact passed into
the hands of the occupant, the latter shall take all the
measures in his power to restore and ensure, as far as
possible, public order and safety, while respecting, unless
absolutely prevented, the laws in force in the country.''.
(9) Israel has far exceeded the 1907 Hague Regulation as
directed by international law. Israel has taken all measures to
restore and ensure public order and safety in Jerusalem.
(10) Jerusalem has been far safer and more protected under
Israel's administration than under any previous authorities.
(11) Civil life is entirely present in Jerusalem, and all
government institutions and related frameworks are also
present, including the Knesset, the Bank of Israel, the
Ministry of Foreign Affairs, the Prime Minister's and
President's offices, and the Supreme Court.
(12) The United States Government owns property in Tel Aviv
that was acquired for the cost of $1.00 in 1957.
(13) The United States Government has allocated five
properties in Jerusalem, totaling over of 40,000 square feet
and 14 acres of land.
(14) The United States Government's property located at 14
David Flusser Street in Jerusalem presents an ideal location
for the United States Embassy to Israel. The Department of
State completed construction of the property in 2010, and the
six acre site is leased for 75 years.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should recognize the sovereign status
of an undivided Jerusalem as the capital of the State of
Israel;
(2) recognizing Jerusalem as the capital of Israel and
transferring the United States Embassy to Jerusalem from Tel
Aviv will send a signal of United States commitment and resolve
to Israel; and
(3) the Secretary of State should--
(A) transfer the United States Embassy in Tel Aviv,
Israel, to 14 David Flusser Street, Jerusalem, Israel;
and
(B) take such actions as are necessary to either
repurpose or sell at an appropriate market rate the
United States Embassy in Tel Aviv, Israel, and, if the
Embassy is sold, deposit in the Asset Management
Account of the Department of State the proceeds from
such sale.
SEC. 4. AMENDMENT TO THE JERUSALEM EMBASSY ACT OF 1995.
(a) Repeal.--Subject to subsection (b) of this section, section 7
of the Jerusalem Embassy Act of 1995 is repealed.
(b) Effective Date.--The repeal specified in subsection (a) shall
take effect on January 1, 2014. | Recognition of Jerusalem as the Capital of the State of Israel Act- Expresses the sense of Congress that: (1) the United States should recognize the sovereign status of an undivided Jerusalem as Israel's capital; (2) recognizing Jerusalem as Israel's capital and transferring the U.S. Embassy to Jerusalem from Tel Aviv will send a signal of U.S. commitment to Israel; and (3) the Secretary of State should transfer the Embassy to 14 David Flusser Street, Jerusalem, repurpose or sell the Embassy in Tel Aviv, and deposit any sale proceeds in the Asset Management Account of the Department of State. Amends the Jerusalem Embassy Act of 1995 to repeal, as of January 1, 2014, the President's authority to waive the limitation on the obligation of funds for acquisition and maintenance of buildings abroad until the U.S. Embassy in Jerusalem has officially opened. | {"src": "billsum_train", "title": "Recognition of Jerusalem as the Capital of the State of Israel Act"} | 943 | 184 | 0.509129 | 1.637709 | 0.761762 | 3.993789 | 5.813665 | 0.888199 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postal Innovation Act''.
SEC. 2. DEFINITION.
In this Act, the term ``Postal Service'' means the United States
Postal Service.
SEC. 3. EXPANDED SERVICES.
(a) Authorization of New Nonpostal Services.--Section 404(a) of
title 39, United States Code, is amended--
(1) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) on and after the date of enactment of the Postal
Innovation Act, to provide other services that are not postal
services, including financial services, warehousing, public
Internet access, experimental postal products market testing,
shipment of beer, wine and spirits, and community support
services such as accepting passports through partnerships with
State and local governments, if the provision of such
services--
``(A) uses the processing, transportation,
delivery, retail network, or technology of the Postal
Service;
``(B) is consistent with the public interest; and
``(C) has the potential to improve the net
financial position of the Postal Service;''.
(b) Governmental Services.--Section 411 of title 39, United States
Code, is amended--
(1) in the second sentence, by striking ``this section''
and inserting ``this subsection'';
(2) by striking ``Executive agencies'' and inserting ``(a)
Federal Government.--Executive agencies''; and
(3) by adding at the end the following:
``(b) State, Local, and Tribal Governments.--
``(1) Definitions.--In this subsection--
``(A) the term `local government' means--
``(i) a county, municipality, city, town,
township, local public authority, school
district, special district, intrastate
district, council of governments, or regional
or interstate government entity;
``(ii) an agency or instrumentality of an
entity described in clause (i); or
``(iii) a rural community, an
unincorporated town or village, or an
instrumentality of a rural community or an
unincorporated town or village;
``(B) the term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
other territory or possession of the United States; and
``(C) the term `tribal government' means the
government of an Indian tribe (as defined in section
4(e) of the Indian Self-Determination Act (25 U.S.C.
450b(e))).
``(2) Authority of postal service.--The Postal Service is
authorized to furnish property and services to States, local
governments, and tribal governments, under such terms and
conditions, including the possibility for reimbursement, as the
Postal Service and the applicable State, local government, or
tribal government shall determine appropriate.''.
(c) Pilot Program.--
(1) In general.--The Postal Service may conduct a pilot
program to assess the most cost-effective implementation of
providing nonpostal services to communities through public-
private partnerships at post offices in 5 cities, of which--
(A) not fewer than 1 post office shall be located
in a rural area; and
(B) not fewer than 1 post office shall be located
in an urban area.
(2) Services.--The nonpostal services described in
paragraph (1)--
(A) shall include--
(i) municipal broadband Internet service;
(ii) public wireless broadband Internet
service; and
(iii) Internet voting; and
(B) may include--
(i) emergency broadband Internet service;
(ii) financial services;
(iii) passport services; and
(iv) shipment of beer, wine, and spirits.
SEC. 4. UPGRADING THE FLEET OF THE POSTAL SERVICE.
(a) Contracting.--
(1) In general.--The Postal Service may enter into
contracts to upgrade the postal fleet to increase long-term
savings by reducing collision, maintenance, fuel, or other
costs.
(2) Review.--In determining whether to enter into contracts
under paragraph (1), the Postal Service shall review and
identify routes for which the Postal Service provides delivery
to determine if motor vehicles used on such routes can be
replaced or retrofitted with commercially available
technologies that--
(A) increase average fuel economy;
(B) reduce collisions with other vehicles,
pedestrians, bicycle riders, and joggers; or
(C) reduce emissions of carbon dioxide.
(b) Guidelines.--
(1) In general.--The Postal Service shall develop
guidelines for contracted vehicles and vehicles purchased or
leased for use by the Postal Service, that, at a minimum,
require that--
(A) light-duty vehicles--
(i) with respect to emissions of carbon
dioxide--
(I) comply with applicable
standards developed by the
Administrator of the Environmental
Protection Agency under title II of the
Clean Air Act (42 U.S.C. 7521 et seq.);
and
(II) are not more than, on average,
250 grams per vehicle mile;
(ii) are equipped with commercially
available crash avoidance technologies; and
(iii) meet applicable average fuel economy
standards of 34.1 miles per gallon; and
(B) medium-duty and heavy-duty vehicles comply with
applicable standards--
(i) for emissions of carbon dioxide
developed by the Administrator of the
Environmental Protection Agency under title II
of the Clean Air Act (42 U.S.C. 7521 et seq.);
(ii) for average fuel economy developed by
the Secretary of Transportation under chapter
329 of title 49, United States Code; and
(iii) for safety such that the vehicles are
equipped with commercially available crash
avoidance technologies.
(2) Applicability.--The standards described in paragraph
(1) shall apply to contracted vehicles and vehicles purchased
or leased for use by the Postal Service after 1 year after the
date of enactment of this Act.
(c) Reduction of Consumption of Petroleum Products.--The Postal
Service shall reduce the total consumption of petroleum products by
vehicles in the postal fleet by not less than 2 percent annually
through the end of fiscal year 2025, relative to the baseline
established for fiscal year 2005.
SEC. 5. INVESTING IN THE FUTURE OF THE POSTAL SERVICE.
(a) Innovation.--The Postal Service may use cost savings from
section 3 to reinvest in innovation, research and development, and
operations of the Postal Service.
(b) Safety.--The Postal Service shall use commercially available
crash avoidance technologies to improve safety across the postal fleet.
SEC. 6. GAO STUDY.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General shall conduct a study on the opportunities and
challenges related to the Postal Service providing access to public
broadband Internet service and Internet voting that would--
(1) be based on cost-effective strategies for utilizing the
infrastructure, technology, or processing, transportation,
delivery, and retail networks of the Postal Service;
(2) be consistent with the public interest; and
(3) have the potential to improve the financial position of
the Postal Service. | Postal Innovation Act This bill expands the powers of the U.S. Postal Service (USPS) by allowing it to offer nonpostal services, including financial services, warehousing, public Internet access, experimental postal products market testing, shipment of beer, wine, and spirits, and community support services. The bill also authorizes USPS to: (1) furnish property and services to states, local governments, and tribal governments; and (2) conduct a pilot program to assess the most cost-effective implementation of providing nonpostal services to communities through public-private partnerships at post offices in five cities, including at least one post office in a rural area and one in an urban area. The bill authorizes USPS to enter into contracts to upgrade its fleet of vehicles to increase long-term savings by reducing collision, maintenance, fuel, or other costs. USPS is required to develop fuel economy guidelines for its vehicles and to reduce the petroleum consumption of its vehicles by not less than 2% annually through the end of FY2025. USPS may use cost savings from offering nonpostal services to reinvest in innovation, research and development, and operations. USPS must use commercially available crash avoidance technologies to improve the safety of its vehicle fleet. The bill requires the Government Accountability Office to conduct a study on USPS providing access to public broadband Internet service and Internet voting. | {"src": "billsum_train", "title": "Postal Innovation Act"} | 1,635 | 290 | 0.553622 | 1.576634 | 0.824229 | 4.189189 | 5.880309 | 0.853282 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Tax Simplification Act of
2000''.
SEC. 2. AMENDMENTS.
(a) Moratorium Amendment.--Section 1101(a) of title XI of division
C of Public Law 105-277 (112 Stat. 2681-719; 47 U.S.C. 151 note) is
amended to read as follows:
``(a) Moratoria on State and Local Taxes on the Internet.--No State
or political subdivision thereof shall impose any of the following
taxes:
``(1) Taxes on Internet access during the period beginning
on October 1, 1998, and ending on October 1, 2006, unless such
tax was generally imposed and actually enforced prior to
October 1, 1998.
``(2) During the period beginning on October 1, 1998, and
ending on December 31, 2003, multiple or discriminatory taxes
on electronic commerce.''.
(b) Streamlined Uniform Sales and Use Tax.--Title XI of division C
of Public Law 105-277 (112 Stat. 2681-719; 47 U.S.C. 151 note) is
amended--
(1) by redesignating section 1104 as section 1109; and
(2) by inserting after section 1103 the following:
``SEC. 1104. DEVELOPMENT OF STREAMLINED UNIFORM SALES AND USE TAX ACT.
``It is the sense of the Congress that, not later than January 1,
2004, States and political subdivisions of States should work
cooperatively with the National Conference of Commissioners on Uniform
State Laws (in this section referred to as the `Conference') to develop
and draft a Streamlined Uniform Sales and Use Tax Act that--
``(1) is characterized by simplicity, uniformity,
neutrality, efficiency, and fairness; and
``(2) includes, but is not limited to--
``(A) a centralized, one-stop registration system;
``(B) uniform tax base definitions;
``(C) uniform and simple sourcing rules;
``(D) uniform exemption administration rules
(including a database of all exempt entities and
removal of the `good faith' acceptance rule);
``(E) appropriate protection of consumer privacy;
``(F) a methodology for certifying software used in
the sales tax administration process for tax rate and
taxability determinations;
``(G) uniform bad debt rules;
``(H) uniform tax returns and remittance forms;
``(I) consistent electronic filing and remittance
methods;
``(J) State administration of all State and local
use taxes on sales by sellers that are not physically
present in a State, to purchasers that are physically
present in such State, with distribution of revenues to
political subdivisions of such State according to
precedent and applicable State law;
``(K) uniform audit procedures;
``(L) reasonable compensation for such sellers that
reflects the complexity of the tax structure of such
State (including the tax structures of political
subdivisions of such State); and
``(M) an appropriate sales volume threshold below
which such sellers that are small businesses would not
be required to collect use taxes payable on sales to
purchasers that are physically present in such State.
``SEC. 1105. INTERSTATE SALES AND USE TAX COMPACT.
``(a) Authorization and Consent.--States are authorized to enter
into an Interstate Sales and Use Tax Compact, and Congress hereby
consents to such a compact. The Compact shall provide that member
States agree to adopt a uniform, streamlined uniform sales and use tax
system consistent with section 1104(a).
``(b) Expiration.--The authorization and consent in subsection (a)
shall automatically expire if the Compact has not been formed before
January 1, 2004.
``(c) Compliance.--The streamlined uniform sales and use tax system
prescribed by the Compact as provided in subsection (a) shall be
evaluated against the requirements of section 1104(a) in a report
submitted to Congress in a timely fashion by the Secretary of the
Treasury who shall certify whether such a system has met the
requirements in section 1104(a).
``SEC. 1106. AUTHORIZATION TO SIMPLIFY STATE USE TAX RATES.
``Notwithstanding any other provision of law, any State levying a
sales tax is authorized to administer a single uniform statewide use
tax rate relating to all remote sales (as defined in section 1107 of
this title) on which it assesses a use tax, provided that for each
calendar year in which such statewide rate is applicable, if such rate
had been assessed during the second calendar year prior to such year on
all such sales on which a sales tax was assessed by such State or its
local jurisdictions, the total taxes assessed on such sales would not
have exceeded the total taxes actually assessed on such sales during
such year. A State may use a blended rate that reflects the weighted
average of State and local taxes across such State.
``SEC. 1107. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES.
``(a) Grant of Authority.--(1) A State that has adopted the
streamlined uniform system prescribed by the Compact referred to in
section 1105 of this title is authorized to begin collecting use taxes
on remote sales by January 1, 2004, or by the date of adoption of the
Compact, whichever is earlier.
``(2) Paragraph (1) shall not apply to a State that does not choose
to simplify its tax collection system.
``(3) A State that neither simplifies its sales and use tax system
nor meets the criteria spectified in section 1104, by December 31,
2001, may adopt the streamlined uniform system prescribed by the
Compact and begin collecting use taxes on remote sales with any
succeeding calendar year by meeting such criteria.
``(b) No Effect on Nexus.--No obligation imposed by virtue of
authority granted in subsection (a) shall be considered in determining
whether a seller has a nexus with any State for any tax purpose.
``(c) Definition of Remote Sale.--For purposes of this section, the
term `remote sale' means a sale by a seller that is not physically
present in a State, to a purchaser that is physically present in such
State.
``SEC. 1108. LIMITATIONS.
``Nothing in this Act shall be construed as subjecting sellers to
sales taxes, franchise taxes, income taxes, or licensing requirements
of a State or political subdivision thereof, nor shall anything in this
Act be construed as affecting the application of such taxes or
requirements or enlarging or reducing the authority of any State or
political subdivision to impose such taxes or requirements.''.
SEC. 3. SENSE OF THE CONGRESS REGARDING STATE AND LOCAL
TELECOMMUNICATIONS TAXES.
It is the sense of the Congress that States and political
subdivisions of States should continue to work cooperatively with the
telecommunications industry and other relevant groups--
(1) to dramatically reduce the complexity and cost of
complying with State and local telecommunications taxes;
(2) to create more uniform telecommunication State tax laws
that include the adoption of common definitions and sourcing
rules; and
(3) to address taxes that appear to be discriminatory
toward the telecommunications industry.
SEC. 4. CONFORMING AMENDMENTS.
(a) Cross Reference in the Trade Act of 1974.--Section 181(d) of
the Trade Act of 1974 (19 U.S.C. 2241(d)) is amended by striking
``section 1104(3)'' and inserting ``1109(3)''.
(b) Other Cross Reference.--Section 1203(c) of division C of Public
Law 105-277 (112 Stat. 2681-727; 19 U.S.C. 2241 note) by striking
``section 1104(3)'' and inserting ``1109(3)''. | Expresses the sense of Congress that States and local entities should work with the National Conference of Commissioners on Uniform State Laws to develop a Streamlined Uniform Sales and Use Tax Act. Authorizes, and grants congressional consent for, States to enter into an Interstate Sales and Use Tax Compact. Stipulates that such authorization and consent shall terminate if the Compact has not been formed by a certain date.
Authorizes States to administer a single uniform statewide use tax rate for all remote sales under specified circumstances.
Expresses the sense of Congress that States and local entities should continue to work with the telecommunications industry to simplify and unify telecommunications taxes.
Makes a conforming amendment to the Trade Act of 1974 and other Federal law. | {"src": "billsum_train", "title": "Internet Tax Simplification Act of 2000"} | 1,791 | 166 | 0.503671 | 1.4266 | 0.920227 | 3.562963 | 11.718519 | 0.881481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sales Tax Equity Act of 2001''.
SEC. 2. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES IN LIEU OF
STATE AND LOCAL INCOME TAXES.
(a) In General.--Subsection (b) of section 164 of the Internal
Revenue Code of 1986 (relating to definitions and special rules) is
amended by adding at the end the following:
``(5) General sales taxes.--For purposes of subsection
(a)--
``(A) Election to deduct state and local sales
taxes in lieu of state and local income taxes.--
``(i) In general.--At the election of the
taxpayer for the taxable year, subsection (a)
shall be applied--
``(I) without regard to the
reference to State and local income
taxes,
``(II) as if State and local
general sales taxes were referred to in
a paragraph thereof, and
``(III) without regard to the last
sentence.
``(B) Definition of general sales tax.--The term
`general sales tax' means a tax imposed at one rate
with respect to the sale at retail of a broad range of
classes of items.
``(C) Special rules for food, etc.--In the case of
items of food, clothing, medical supplies, and motor
vehicles--
``(i) the fact that the tax does not apply
with respect to some or all of such items shall
not be taken into account in determining
whether the tax applies with respect to a broad
range of classes of items, and
``(ii) the fact that the rate of tax
applicable with respect to some or all of such
items is lower than the general rate of tax
shall not be taken into account in determining
whether the tax is imposed at one rate.
``(D) Items taxed at different rates.--Except in
the case of a lower rate of tax applicable with respect
to an item described in subparagraph (C), no deduction
shall be allowed under this paragraph for any general
sales tax imposed with respect to an item at a rate
other than the general rate of tax.
``(E) Compensating use taxes.--A compensating use
tax with respect to an item shall be treated as a
general sales tax. For purposes of the preceding
sentence, the term `compensating use tax' means, with
respect to any item, a tax which--
``(i) is imposed on the use, storage, or
consumption of such item, and
``(ii) is complementary to a general sales
tax, but only if a deduction is allowable under
this paragraph with respect to items sold at
retail in the taxing jurisdiction which are
similar to such item.
``(F) Special rule for motor vehicles.--In the case
of motor vehicles, if the rate of tax exceeds the
general rate, such excess shall be disregarded and the
general rate shall be treated as the rate of tax.
``(G) Separately stated general sales taxes.--If
the amount of any general sales tax is separately
stated, then, to the extent that the amount so stated
is paid by the consumer (other than in connection with
the consumer's trade or business) to the seller, such
amount shall be treated as a tax imposed on, and paid
by, such consumer.
``(H) Amount of deduction to be determined under
tables.--
``(i) In general.--The amount of the
deduction allowed under this paragraph shall be
determined under tables prescribed by the
Secretary.
``(ii) Requirements for tables.--The tables
prescribed under clause (i)--
``(I) shall reflect the provisions
of this paragraph,
``(II) shall be based on the
average consumption by taxpayers on a
State-by-State basis, as determined by
the Secretary, taking into account
filing status, number of dependents,
adjusted gross income, and rates of
State and local general sales taxation,
and
``(III) need only be determined
with respect to adjusted gross incomes
up to the applicable amount (as
determined under section 68(b)).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Sales Tax Equity Act of 2001 - Amends the Internal Revenue Code to permit the deduction of State and local sales taxes in lieu of State and local income taxes. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a deduction for State and local sales taxes in lieu of State and local income taxes."} | 978 | 35 | 0.473817 | 1.058446 | 0.981675 | 4.290323 | 29.129032 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alicia Dawn Koehl Respect for
National Cemeteries Act''.
SEC. 2. AUTHORITY TO RECONSIDER DECISIONS OF SECRETARY OF VETERANS
AFFAIRS OR SECRETARY OF THE ARMY TO INTER THE REMAINS OR
HONOR THE MEMORY OF A PERSON IN A NATIONAL CEMETERY.
(a) Authority To Reconsider Prior Decisions.--Section 2411 of title
38, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) In a case described in paragraph (2)(A), the appropriate
Federal official may reconsider a decision to--
``(A) inter the remains of a person in a cemetery in the
National Cemetery Administration or in Arlington National
Cemetery; or
``(B) honor the memory of a person in a memorial area in a
cemetery in the National Cemetery Administration (described in
section 2403(a) of this title) or in such an area in Arlington
National Cemetery (described in section 2409(a) of this title).
``(2)(A) A case described in this paragraph is a case in which the
appropriate Federal official receives information that a person
described in subparagraph (B) may have committed a Federal capital
crime or a State capital crime but was not convicted of such crime by
reason of such person not being available for trial due to death or
flight to avoid prosecution.
``(B) A person described in this subparagraph is a person--
``(i) whose remains have been interred in a cemetery in the
National Cemetery Administration or in Arlington National
Cemetery; or
``(ii) whose memory has been honored in a memorial area in
a cemetery in the National Cemetery Administration or in such
an area in Arlington National Cemetery.
``(3)(A) If in a case described in paragraph (2), the appropriate
Federal official finds, based upon a showing of clear and convincing
evidence and after an opportunity for a hearing in a manner prescribed
by the appropriate Federal official, that the person had committed a
Federal capital crime or a State capital crime but had not been
convicted of such crime by reason of such person not being available
for trial due to death or flight to avoid prosecution, the appropriate
Federal official shall provide notice to the deceased person's next of
kin or other person authorized to arrange burial or memorialization of
the deceased person of the decision of the appropriate Federal official
to disinter the remains of the deceased person or to remove a memorial
headstone or marker memorializing the deceased person.
``(B) Notice under subparagraph (A) shall be provided by the
appropriate Federal official as follows:
``(i) By the Secretary in accordance with section 5104 of
this title.
``(ii) By the Secretary of Defense in accordance with such
regulations as the Secretary of Defense shall prescribe for
purposes of this subsection.
``(4)(A) Notwithstanding any other provision of law, the next of
kin or other person authorized to arrange burial or memorialization of
the deceased person shall be allowed a period of 60 days from the date
of the notice required by paragraph (3) to file a notice of
disagreement with the Federal official that provided the notice.
``(B)(i) A notice of disagreement filed with the Secretary under
subparagraph (A) shall be treated as a notice of disagreement filed
with the Board of Veterans' Appeals under chapter 71 of this title, and
shall be decided by the Board in accordance with the provisions of that
chapter.
``(ii) A notice of disagreement filed with the Secretary of Defense
under subparagraph (A) shall be decided in accordance with such
regulations as the Secretary of Defense shall prescribe for purposes of
this subsection.
``(5) When the decision of the appropriate Federal official to
disinter the remains or remove a memorial headstone or marker of the
deceased person becomes final either by failure to appeal the decision
in accordance with paragraph (4)(A) or by a decision pursuant to
paragraph (4)(B), the appropriate Federal official may take any of the
following actions:
``(A) Disinter the remains of the person from the cemetery
in the National Cemetery Administration or in Arlington
National Cemetery and provide for the reburial or other
appropriate disposition of the disinterred remains in a place
other than a cemetery in the National Cemetery Administration
or in Arlington National Cemetery.
``(B) Remove from a memorial area in a cemetery in the
National Cemetery Administration or in Arlington National
Cemetery any memorial headstone or marker placed to honor the
memory of the person.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any interment or memorialization conducted by the
Secretary of Veterans Affairs or the Secretary of the Army in a
cemetery in the National Cemetery Administration or in Arlington
National Cemetery after the date of the enactment of this Act.
SEC. 3. DISINTERMENT OF REMAINS OF MICHAEL LASHAWN ANDERSON FROM FORT
CUSTER NATIONAL CEMETERY.
(a) Disinterment of Remains.--The Secretary of Veterans Affairs
shall disinter the remains of Michael LaShawn Anderson from Fort Custer
National Cemetery.
(b) Notification of Next-of-Kin.--The Secretary of Veterans Affairs
shall--
(1) notify the next-of-kin of record for Michael LaShawn
Anderson of the impending disinterment of his remains; and
(2) upon disinterment, relinquish the remains to the next-
of-kin of record for Michael LaShawn Anderson or, if the next-
of-kin of record for Michael LaShawn Anderson is unavailable,
arrange for an appropriate disposition of the remains. | Alicia Dawn Koehl Respect for National Cemeteries Act - Authorizes the appropriate federal official (either the Secretary of Veterans Affairs or the Secretary of the Army) to reconsider a decision to inter or honor the memory of a person in the National Cemetery Administration or in Arlington National Cemetery upon receiving information that such person may have committed a federal or state capital crime but was not convicted by reason of unavailability for trial due to death or flight to avoid prosecution. Requires the appropriate federal official, upon finding, after an opportunity for a hearing, that the person committed but was not convicted of such crime, to provide notice to the individual's next of kin or other authorized person. Allows such next of kin or other person 60 days to file a notice of disagreement, which shall be decided in accordance with such regulations as the Secretary of Defense shall prescribe. Authorizes the appropriate federal official, when a decision becomes final, to disinter the remains or remove the memorial headstone. Directs the Secretary of Veterans Affairs: (1) to disinter the remains of Michael LaShawn Anderson from Fort Custer National Cemetery (Michigan); (2) to notify his next of kin of the impending disinterment; and (3) upon disinterment, to relinquish the remains to the next of kin or, if the next of kin of record in unavailable, arrange for the appropriate disposition of the remains. | {"src": "billsum_train", "title": "Alicia Dawn Koehl Respect for National Cemeteries Act"} | 1,302 | 310 | 0.613975 | 1.994656 | 0.942148 | 4.122137 | 4.477099 | 0.961832 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulk Cash Smuggling Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Effective enforcement of the currency reporting
requirements of subchapter II of chapter 53 of title 31, United
States Code, and the regulations prescribed under such
subchapter, has forced drug dealers and other criminals engaged
in cash-based businesses to avoid using traditional financial
institutions.
(2) In their effort to avoid using traditional financial
institutions, drug dealers and other criminals are forced to
move large quantities of currency in bulk form to and through
the airports, border crossings, and other ports of entry where
the currency can be smuggled out of the United States and
placed in a foreign financial institution or sold on the black
market.
(3) The transportation and smuggling of cash in bulk form
may now be the most common form of money laundering, and the
movement of large sums of cash is one of the most reliable
warning signs of drug trafficking, terrorism, money laundering,
racketeering, tax evasion and similar crimes.
(4) The intentional transportation into or out of the
United States of large amounts of currency or monetary
instruments, in a manner designed to circumvent the mandatory
reporting provisions of subchapter II of chapter 53 of title
31, United States Code, is the equivalent of, and creates the
same harm as, the smuggling of goods.
(5) The arrest and prosecution of bulk cash smugglers are
important parts of law enforcement's effort to stop the
laundering of criminal proceeds, but the couriers who attempt
to smuggle the cash out of the United States are typically low-
level employees of large criminal organizations, and thus are
easily replaced. Accordingly, only the confiscation of the
smuggled bulk cash can effectively break the cycle of criminal
activity of which the laundering of the bulk cash is a critical
part.
(6) The current penalties for violations of the currency
reporting requirements are insufficient to provide a deterrent
to the laundering of criminal proceeds. In particular, in cases
where the only criminal violation under current law is a
reporting offense, the law does not adequately provide for the
confiscation of smuggled currency. In contrast, if the
smuggling of bulk cash were itself an offense, the cash could
be confiscated as the corpus delicti of the smuggling offense.
(b) Purposes.--The purposes of this Act are as follows:
(1) To make the act of smuggling bulk cash itself a
criminal offense.
(2) To authorize forfeiture of any smuggled cash and other
monetary instruments, together with any other property involved
in the smuggling offense.
(3) To emphasize the seriousness of the act of bulk cash
smuggling.
(4) To prescribe guidelines for determining the amount of
property subject to forfeiture in various situations.
SEC. 3. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES.
(a) Enactment of Bulk Cash Smuggling Offense.--Subchapter II of
chapter 53 of title 31, United States Code, is amended by adding at the
end the following:
``Sec. 5331. Bulk cash smuggling into or out of the United States
``(a) Criminal Offense.--
``(1) In general.--Whoever, with the intent to evade a
currency reporting requirement under section 5316, knowingly
conceals more than $10,000 in currency or other monetary
instruments on the person of such individual or in any
conveyance, article of luggage, merchandise, or other
container, and transports or transfers or attempts to transport
or transfer such currency or monetary instruments from a place
within the United States to a place outside of the United
States, or from a place outside the United States to a place
within the United States, shall be guilty of a currency
smuggling offense and subject to punishment pursuant to
subsection (b).
``(2) Concealment on person.--For purposes of this section,
the concealment of currency on the person of any individual
includes concealment in any article of clothing worn by the
individual or in any luggage, backpack, or other container worn
or carried by such individual.
``(b) Penalty.--
``(1) Term of imprisonment.--A person convicted of a
currency smuggling offense under subsection (a), or a
conspiracy to commit such offense, shall be imprisoned for not
more than 5 years.
``(2) Forfeiture.--In addition, the court, in imposing
sentence under paragraph (1), shall order that the defendant
forfeit to the United States, any property, real or personal,
involved in the offense, and any property traceable to such property,
subject to subsection (d) of this section.
``(3) Procedure.--The seizure, restraint, and forfeiture of
property under this section shall be governed by section 413 of
the Controlled Substances Act.
``(4) Personal money judgment.--If the property subject to
forfeiture under paragraph (2) is unavailable, and the
defendant has insufficient substitute property that may be
forfeited pursuant to section 413(p) of the Controlled
Substances Act, the court shall enter a personal money judgment
against the defendant for the amount that would be subject to
forfeiture.
``(c) Civil Forfeiture.--
``(1) In general.--Any property involved in a violation of
subsection (a), or a conspiracy to commit such violation, and
any property traceable to such violation or conspiracy, may be
seized and, subject to subsection (d) of this section,
forfeited to the United States.
``(2) Procedure.--The seizure and forfeiture shall be
governed by the procedures governing civil forfeitures in money
laundering cases pursuant to section 981(a)(1)(A) of title 18,
United States Code.
``(3) Treatment of certain property as involved in the
offense.--For purposes of this subsection and subsection (b),
any currency or other monetary instrument that is concealed or
intended to be concealed in violation of subsection (a) or a
conspiracy to commit such violation, any article, container, or
conveyance used, or intended to be used, to conceal or
transport the currency or other monetary instrument, and any
other property used, or intended to be used, to facilitate the
offense, shall be considered property involved in the offense.
``(d) Proportionality of Forfeiture.--
``(1) In general.--Upon a showing by the property owner by
a preponderance of the evidence that the currency or monetary
instruments involved in the offense giving rise to the
forfeiture were derived from a legitimate source, and were
intended for a lawful purpose, the court shall reduce the
forfeiture to the maximum amount that is not grossly
disproportional to the gravity of the offense.
``(2) Factors to be considered.--In determining the amount
of the forfeiture, the court shall consider all aggravating and
mitigating facts and circumstances that have a bearing on the
gravity of the offense, including the following:
``(A) The value of the currency or other monetary
instruments involved in the offense.
``(B) Efforts by the person committing the offense
to structure currency transactions, conceal property,
or otherwise obstruct justice.
``(C) Whether the offense is part of a pattern of
repeated violations of Federal law.''.
(b) Conforming Amendment.--The table of sections for subchapter II
of chapter 53 of title 31, United States Code, is amended by inserting
after the item relating to section 5330, the following new item:
``5331. Bulk cash smuggling into or out of the United States.''.
SEC. 4. FORFEITURE IN CURRENCY REPORTING CASES.
(a) In General.--Subsection (c) of section 5317 of title 31, United
States Code, is amended to read as follows:
``(c) Forfeiture.--
``(1) In general.--The court in imposing sentence for any
violation of section 5313, 5316, or 5324, or any conspiracy to
commit such violation, shall order the defendant to forfeit all
property, real or personal, involved in the offense and any
property traceable thereto.
``(2) Procedure.--Forfeitures under this subsection shall
be governed by the procedures established in section 413 of the
Controlled Substances Act and the guidelines established in
paragraph (4).
``(3) Civil forfeiture.--Any property involved in a
violation of section 5313, 5316, or 5324, or any conspiracy to
commit any such violation, and any property traceable to any
such violation or conspiracy, may be seized and, subject to
paragraph (4), forfeited to the United States in accordance
with the procedures governing civil forfeitures in money
laundering cases pursuant to section 981(a)(1)(A) of title 18,
United States Code.
``(4) Proportionality of forfeiture.--
``(A) In general.--Upon a showing by the property
owner by a preponderance of the evidence that any
currency or monetary instruments involved in the
offense giving rise to the forfeiture were derived from
a legitimate source, and were intended for a lawful
purpose, the court shall reduce the forfeiture to the
maximum amount that is not grossly disproportional to
the gravity of the offense.
``(B) Factors to be considered.--In determining the
amount of the forfeiture, the court shall consider all
aggravating and mitigating facts and circumstances that
have a bearing on the gravity of the offense, including
the following:
``(i) The value of the currency or other
monetary instruments involved in the offense.
``(ii) Efforts by the person committing the
offense to structure currency transactions,
conceal property, or otherwise obstruct
justice.
``(iii) Whether the offense is part of a
pattern of repeated violations of Federal
law.''.
(b) Conforming Amendments.--(1) Section 981(a)(1)(A) of title 18,
United States Code, is amended by striking ``of section 5313(a) or
5324(a) of title 31, or''.
(2) Section 982(a)(1) of title 18, United States Code, is amended
by striking ``of 5313(a), 5316, or 5324 of title 31, or''.
SEC. 5. INTERSTATE CURRENCY COURIERS.
Section 1957 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(g) Any person who conceals more than $10,000 in currency on his
or her person, in any vehicle, in any compartment or container within
any vehicle, or in any container placed in a common carrier, and
transports, attempts to transport, or conspires to transport such
currency in interstate commerce on any public road or highway or on any
bus, train, airplane, vessel, or other common carrier, knowing that the
currency was derived from some form of unlawful activity, or knowing
that the currency was intended to be used to promote some form of
unlawful activity, shall be punished as provided in subsection (b). The
defendant's knowledge may be established by proof that the defendant
was willfully blind to the source or intended use of the currency. For
purposes of this subsection, the concealment of currency on the person
of any individual includes concealment in any article of clothing worn
by the individual or in any luggage, backpack, or other container worn
or carried by such individual.''. | Bulk Cash Smuggling Act of 2001 - Amends Federal law governing monetary transactions to establish as a bulk cash smuggling offense the knowing concealment and attempted transport (or transfer) across U.S. borders, with intent to evade specified currency reporting requirements, of currency and monetary instruments in excess of $10,000. Sets forth imprisonment and civil forfeiture penalties.Amends the Federal criminal code to subject to Federal criminal penalties currency couriers who conceal more than $10,000 in currency and transport, or conspire to transport, such currency in interstate commerce knowing that it was either derived from unlawful activity, or intended to promote unlawful activity. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to prevent the smuggling of large amounts of currency or monetary instruments into or out of the United States, and for other purposes."} | 2,605 | 142 | 0.475508 | 1.426171 | 0.687832 | 2.008772 | 20.438596 | 0.868421 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Spoofing Act of 2016''.
SEC. 2. SPOOFING PREVENTION.
(a) Expanding and Clarifying Prohibition on Misleading or
Inaccurate Caller Identification Information.--
(1) Communications from outside the united states.--Section
227(e)(1) of the Communications Act of 1934 (47 U.S.C.
227(e)(1)) is amended by striking ``in connection with any
telecommunications service or IP-enabled voice service'' and
inserting ``or any person outside the United States if the
recipient is within the United States, in connection with any
voice service or text messaging service''.
(2) Coverage of text messages and voice services.--Section
227(e)(8) of the Communications Act of 1934 (47 U.S.C.
227(e)(8)) is amended--
(A) in subparagraph (A), by striking
``telecommunications service or IP-enabled voice
service'' and inserting ``voice service or a text
message sent using a text messaging service'';
(B) in the first sentence of subparagraph (B), by
striking ``telecommunications service or IP-enabled
voice service'' and inserting ``voice service or a text
message sent using a text messaging service''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) Text message.--The term `text message'--
``(i) means a message consisting of text,
images, sounds, or other information that is
transmitted to or from a device that is
identified as the receiving or transmitting
device by means of a 10-digit telephone number
or N11 service code;
``(ii) includes a short message service
(commonly referred to as `SMS') message and a
multimedia message service (commonly referred
to as `MMS') message; and
``(iii) does not include--
``(I) a real-time, two-way voice or
video communication; or
``(II) a message sent over an IP-
enabled messaging service to another
user of the same messaging service,
except a message described in clause
(ii).
``(D) Text messaging service.--The term `text
messaging service' means a service that enables the
transmission or receipt of a text message, including a
service provided as part of or in connection with a
voice service.
``(E) Voice service.--The term `voice service'--
``(i) means any service that is
interconnected with the public switched
telephone network and that furnishes voice
communications to an end user using resources
from the North American Numbering Plan or any
successor to the North American Numbering Plan
adopted by the Commission under section
251(e)(1); and
``(ii) includes transmissions from a
telephone facsimile machine, computer, or other
device to a telephone facsimile machine.''.
(3) Technical amendment.--Section 227(e) of the
Communications Act of 1934 (47 U.S.C. 227(e)) is amended in the
heading by inserting ``Misleading or'' before ``Inaccurate''.
(4) Regulations.--
(A) In general.--Section 227(e)(3)(A) of the
Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is
amended by striking ``Not later than 6 months after the
date of enactment of the Truth in Caller ID Act of
2009, the Commission'' and inserting ``The
Commission''.
(B) Deadline.--The Commission shall prescribe
regulations to implement the amendments made by this
subsection not later than 18 months after the date of
enactment of this Act.
(5) Effective date.--The amendments made by this subsection
shall take effect on the date that is 6 months after the date
on which the Commission prescribes regulations under paragraph
(4).
(b) Consumer Education Materials on How To Avoid Scams That Rely
Upon Misleading or Inaccurate Caller Identification Information.--
(1) Development of materials.--Not later than 1 year after
the date of enactment of this Act, the Commission, in
coordination with the Federal Trade Commission, shall develop
consumer education materials that provide information about--
(A) ways for consumers to identify scams and other
fraudulent activity that rely upon the use of
misleading or inaccurate caller identification
information; and
(B) existing technologies, if any, that a consumer
can use to protect against such scams and other
fraudulent activity.
(2) Contents.--In developing the consumer education
materials under paragraph (1), the Commission shall--
(A) identify existing technologies, if any, that
can help consumers guard themselves against scams and
other fraudulent activity that rely upon the use of
misleading or inaccurate caller identification
information, including--
(i) descriptions of how a consumer can use
the technologies to protect against such scams
and other fraudulent activity; and
(ii) details on how consumers can access
and use the technologies; and
(B) provide other information that may help
consumers identify and avoid scams and other fraudulent
activity that rely upon the use of misleading or
inaccurate caller identification information.
(3) Updates.--The Commission shall ensure that the consumer
education materials required under paragraph (1) are updated on
a regular basis.
(4) Website.--The Commission shall include the consumer
education materials developed under paragraph (1) on its
website.
(c) GAO Report on Combating the Fraudulent Provision of Misleading
or Inaccurate Caller Identification Information.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of the actions the Commission and
the Federal Trade Commission have taken to combat the
fraudulent provision of misleading or inaccurate caller
identification information, and the additional measures that
could be taken to combat such activity.
(2) Required considerations.--In conducting the study under
paragraph (1), the Comptroller General shall examine--
(A) trends in the types of scams that rely on
misleading or inaccurate caller identification
information;
(B) previous and current enforcement actions by the
Commission and the Federal Trade Commission to combat
the practices prohibited by section 227(e)(1) of the
Communications Act of 1934 (47 U.S.C. 227(e)(1));
(C) current efforts by industry groups and other
entities to develop technical standards to deter or
prevent the fraudulent provision of misleading or
inaccurate caller identification information, and how
such standards may help combat the current and future
provision of misleading or inaccurate caller
identification information; and
(D) whether there are additional actions the
Commission, the Federal Trade Commission, and Congress
should take to combat the fraudulent provision of
misleading or inaccurate caller identification
information.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of the
study under paragraph (1), including any recommendations
regarding combating the fraudulent provision of misleading or
inaccurate caller identification information.
(d) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to modify, limit,
or otherwise affect any rule or order adopted by the Commission in
connection with--
(1) the Telephone Consumer Protection Act of 1991 (Public
Law 102-243; 105 Stat. 2394) or the amendments made by that
Act; or
(2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).
(e) Commission Defined.--In this section, the term ``Commission''
means the Federal Communications Commission.
Passed the House of Representatives November 14, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Anti-Spoofing Act of 2016 (Sec. 2) This bill amends the Communications Act of 1934 to expand the prohibition against knowingly transmitting misleading or inaccurate caller identification information to apply to: (1) persons outside the United States if the recipient is within the United States, and (2) text messages. Existing caller identification requirements that apply to calls made using a telecommunications service or IP-enabled voice service are revised to apply to: (1) services interconnected with the public switched telephone network and that furnish voice communications using resources from the North American Numbering Plan; and (2) transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine. The Federal Communications Commission (FCC) must coordinate with the Federal Trade Commission (FTC) to regularly update education materials that help consumers identify: (1) scams and fraudulent activity that rely upon misleading or inaccurate caller identification information, and (2) existing technologies that consumers can use to protect against such fraud. The Government Accountability Office must report on: (1) actions taken, or actions that could be taken, by the FCC or the FTC to combat the fraudulent provision of misleading or inaccurate caller identification information; and (2) any recommendations to combat the fraudulent provision of such information. | {"src": "billsum_train", "title": "Anti-Spoofing Act of 2016"} | 1,783 | 269 | 0.543181 | 1.499809 | 0.837016 | 3.46 | 6.296 | 0.884 |
SECTION 1. TREATMENT OF AFFILIATE TRANSACTIONS.
(a) Commodity Exchange Act Amendments.--Section 2(h)(7)(D) of the
Commodity Exchange Act (7 U.S.C. 2(h)(7)(D)) is amended--
(1) by redesignating clause (iii) as clause (v);
(2) by striking clauses (i) and (ii) and inserting the
following:
``(i) In general.--An affiliate of a person
that qualifies for an exception under
subparagraph (A) (including affiliate entities
predominantly engaged in providing financing
for the purchase of the merchandise or
manufactured goods of the person) may qualify
for the exception only if the affiliate--
``(I) enters into the swap to hedge
or mitigate the commercial risk of the
person or other affiliate of the person
that is not a financial entity, and the
commercial risk that the affiliate is
hedging or mitigating has been
transferred to the affiliate;
``(II) is directly and wholly-owned
by another affiliate qualified for the
exception under this subparagraph or an
entity that is not a financial entity;
``(III) is not indirectly majority-
owned by a financial entity;
``(IV) is not ultimately owned by a
parent company that is a financial
entity; and
``(V) does not provide any
services, financial or otherwise, to
any affiliate that is a nonbank
financial company supervised by the
Board of Governors (as defined under
section 102 of the Financial Stability
Act of 2010).
``(ii) Limitation on qualifying
affiliates.--The exception in clause (i) shall
not apply if the affiliate is--
``(I) a swap dealer;
``(II) a security-based swap
dealer;
``(III) a major swap participant;
``(IV) a major security-based swap
participant;
``(V) a commodity pool;
``(VI) a bank holding company;
``(VII) a private fund, as defined
in section 202(a) of the Investment
Advisers Act of 1940 (15 U.S.C. 80-b-
2(a));
``(VIII) an employee benefit plan
or government plan, as defined in
paragraphs (3) and (32) of section 3 of
the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002);
``(IX) an insured depository
institution;
``(X) a farm credit system
institution;
``(XI) a credit union;
``(XII) a nonbank financial company
supervised by the Board of Governors
(as defined under section 102 of the
Financial Stability Act of 2010); or
``(XIII) an entity engaged in the
business of insurance and subject to
capital requirements established by an
insurance governmental authority of a
State, a territory of the United
States, the District of Columbia, a
country other than the United States,
or a political subdivision of a country
other than the United States that is
engaged in the supervision of insurance
companies under insurance law.
``(iii) Limitation on affiliates'
affiliates.--Unless the Commission determines,
by order, rule, or regulation, that it is in
the public interest, the exception in clause
(i) shall not apply with respect to an
affiliate if the affiliate is itself affiliated
with--
``(I) a major security-based swap
participant;
``(II) a security-based swap
dealer;
``(III) a major swap participant;
or
``(IV) a swap dealer.
``(iv) Conditions on transactions.--With
respect to an affiliate that qualifies for the
exception in clause (i)--
``(I) the affiliate may not enter
into any swap other than for the
purpose of hedging or mitigating
commercial risk; and
``(II) neither the affiliate nor
any person affiliated with the
affiliate that is not a financial
entity may enter into a swap with or on
behalf of any affiliate that is a
financial entity or otherwise assume,
net, combine, or consolidate the risk
of swaps entered into by any such
financial entity, except one that is an
affiliate that qualifies for the
exception under clause (i).''; and
(3) by adding at the end the following:
``(vi) Risk management program.--Any swap
entered into by an affiliate that qualifies for
the exception in clause (i) shall be subject to
a centralized risk management program of the
affiliate, which is reasonably designed both to
monitor and manage the risks associated with
the swap and to identify each of the affiliates
on whose behalf a swap was entered into.''.
(b) Securities Exchange Act of 1934 Amendment.--Section 3C(g)(4) of
the Securities Exchange Act of 1934 (15 U.S.C. 78c-3(g)(4)) is
amended--
(1) by redesignating subparagraph (C) as subparagraph (E);
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) In general.--An affiliate of a person that
qualifies for an exception under this subsection
(including affiliate entities predominantly engaged in
providing financing for the purchase of the merchandise
or manufactured goods of the person) may qualify for
the exception only if the affiliate--
``(i) enters into the security-based swap
to hedge or mitigate the commercial risk of the
person or other affiliate of the person that is
not a financial entity, and the commercial risk
that the affiliate is hedging or mitigating has
been transferred to the affiliate;
``(ii) is directly and wholly-owned by
another affiliate qualified for the exception
under this paragraph or an entity that is not a
financial entity;
``(iii) is not indirectly majority-owned by
a financial entity;
``(iv) is not ultimately owned by a parent
company that is a financial entity; and
``(v) does not provide any services,
financial or otherwise, to any affiliate that
is a nonbank financial company supervised by
the Board of Governors (as defined under
section 102 of the Financial Stability Act of
2010).
``(B) Limitation on qualifying affiliates.--The
exception in subparagraph (A) shall not apply if the
affiliate is--
``(i) a swap dealer;
``(ii) a security-based swap dealer;
``(iii) a major swap participant;
``(iv) a major security-based swap
participant;
``(v) a commodity pool;
``(vi) a bank holding company;
``(vii) a private fund, as defined in
section 202(a) of the Investment Advisers Act
of 1940 (15 U.S.C. 80-b-2(a));
``(viii) an employee benefit plan or
government plan, as defined in paragraphs (3)
and (32) of section 3 of the Employee
Retirement Income Security Act of 1974 (29
U.S.C. 1002);
``(ix) an insured depository institution;
``(x) a farm credit system institution;
``(xi) a credit union;
``(xii) a nonbank financial company
supervised by the Board of Governors (as
defined under section 102 of the Financial
Stability Act of 2010); or
``(xiii) an entity engaged in the business
of insurance and subject to capital
requirements established by an insurance
governmental authority of a State, a territory
of the United States, the District of Columbia,
a country other than the United States, or a
political subdivision of a country other than
the United States that is engaged in the
supervision of insurance companies under
insurance law.
``(C) Limitation on affiliates' affiliates.--Unless
the Commission determines, by order, rule, or
regulation, that it is in the public interest, the
exception in subparagraph (A) shall not apply with
respect to an affiliate if such affiliate is itself
affiliated with--
``(i) a major security-based swap
participant;
``(ii) a security-based swap dealer;
``(iii) a major swap participant; or
``(iv) a swap dealer.
``(D) Conditions on transactions.--With respect to
an affiliate that qualifies for the exception in
subparagraph (A)--
``(i) such affiliate may not enter into any
security-based swap other than for the purpose
of hedging or mitigating commercial risk; and
``(ii) neither such affiliate nor any
person affiliated with such affiliate that is
not a financial entity may enter into a
security-based swap with or on behalf of any
affiliate that is a financial entity or
otherwise assume, net, combine, or consolidate
the risk of security-based swaps entered into
by any such financial entity, except one that
is an affiliate that qualifies for the
exception under subparagraph (A).''; and
(3) by adding at the end the following:
``(F) Risk management program.--Any security-based
swap entered into by an affiliate that qualifies for
the exception in subparagraph (A) shall be subject to a
centralized risk management program of the affiliate,
which is reasonably designed both to monitor and manage
the risks associated with the security-based swap and
to identify each of the affiliates on whose behalf a
security-based swap was entered into.''.
Passed the House of Representatives November 16, 2015.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on October 26, 2015. (Sec. 1) This bill amends the Commodity Exchange Act and the Securities Exchange Act of 1934 regarding clearing requirements for certain affiliate swap transactions to revise the conditions under which an affiliate of a person that qualifies for an exception from clearing requirements may itself qualify for such exceptions. The affiliate must be: directly and wholly-owned by another affiliate qualified for the exception or an entity that is not a financial entity; not indirectly majority-owned by a financial entity; not ultimately owned by a parent company that is a financial entity; and an affiliate that does not provide any services, financial or otherwise, to any affiliate that is a nonbank financial company supervised by the Board of Governors of the Federal Reserve System. The bill disqualifies for the exceptions, however, any affiliate that is: a swap dealer, a security-based swap dealer, a major swap participant, a major security-based swap participant, or a commodity pool (all disqualified under current law); a bank holding company (not, as under current law, only a bank holding company with over $50 billion in consolidated assets); a specified kind of private fund; an employee benefit plan or government plan under the Employee Retirement Income Security Act of 1974 (ERISA); an insured depository institution; a farm credit system institution; a credit union; a nonbank financial company supervised by the Federal Reserve Board; or an entity engaged in the business of insurance and subject to state or foreign government capital requirements. Unless the Commodity Futures Trading Commission or the Securities and Exchange Commission determines it is in the public interest, however, the exception from clearing requirements shall not apply to an affiliate that is itself affiliated with: (1) a major security-based swap participant; (2) a security-based swap dealer; (3) a major swap participant; or (4) a swap dealer. An affiliate that does qualify for the exception from clearing requirements may not enter into any swap other than to hedge or mitigate commercial risk. The bill also prohibits the affiliate, and any person affiliated with the affiliate that is not a financial entity, from: entering into a swap with or on behalf of any affiliate that is a financial entity; or otherwise assuming, netting, combining, or consolidating the risk of swaps entered into by any such financial entity, except an affiliate that qualifies for the exception from clearing requirements. Any swap entered into by an affiliate that qualifies for the exception from clearing requirements shall be subject to the affiliate's centralized risk management program, provided it is designed both to: (1) monitor and manage swap associated risks, and (2) identify each affiliate upon whose behalf a swap was entered into. | {"src": "billsum_train", "title": "To amend the Commodity Exchange Act and the Securities Exchange Act of 1934 to specify how clearing requirements apply to certain affiliate transactions, and for other purposes."} | 2,140 | 593 | 0.714175 | 2.414591 | 0.70793 | 3.475499 | 3.637024 | 0.869328 |
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 striking ``diversity
immigrants'' and inserting ``immigrants with advanced
degrees''; and
(2) by amending subsection (e) to read as follows:
``(e) Worldwide Level of Immigrants With Advanced Degrees.--The
worldwide level of immigrants with advanced degrees described in
section 203(c)(2) is equal to 55,000 for each fiscal year.''.
(b) Allocation of Immigrant Visas.--Section 203 of the Immigration
and Nationality Act (8 U.S.C. 1153) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Immigrants With Advanced Degrees.--
``(1) 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 issued immigrant visas or
otherwise granted permanent resident status each fiscal
year in a number not to exceed the worldwide level
allotted under section 201(e).
``(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, the Secretary of
Homeland Security, 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.
``(2) Maintenance of information.--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 immigrant visas or
otherwise granted permanent resident status under paragraph
(1).''; and
(2) in subsection (e), by amending paragraph (2) to read as
follows:
``(2) Immigrant visas and adjustment of status under subsection (c)
(relating to immigrants with advanced degrees) shall be issued as
follows:
``(A) If the Secretary of State has not made a
determination under subsection (c)(1)(B), immigrant visas shall
be issued, or adjustment granted, 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)(1)(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) is
greater than the worldwide level specified in section 201(e),
the Secretary of State shall only issue immigrant visas to, or
the Secretary of Homeland Security shall only adjust the status
of, such immigrants 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)(1)(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) is not
greater than the worldwide level specified in section 201(e),
the Secretary of State (or the Secretary of Homeland Security
in the case of adjustment of status) shall--
``(i) issue immigrant visas to, or adjust the
status of, eligible qualified immigrants with degrees
determined under subsection (c)(1)(B); and
``(ii) issue any remaining immigrant visas to, or
adjust the status of, other eligible qualified
immigrants with degrees described in subsection
(c)(1)(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, 2008.
SEC. 2. ADVANCED DEGREE VISA CARRYOVER.
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 2009, 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 replace the diversity visa lottery program with a program that issues immigrant visas to aliens with advanced degrees in the life sciences, the physical sciences, mathematics, technology, or engineering.
States that such visas shall be issued or adjusted in a random order unless the Secretary of State determines that certain of such degrees are most needed to meet U.S. workforce and economic security needs. (Sets forth visa allocation provisions if the Secretary has made such an economic determination.)
Provides for advanced degree visa carryover as of FY2009. | {"src": "billsum_train", "title": "A bill to amend title II of the Immigration and Nationality Act to replace the diversity visa lottery program with a program that issues visas to aliens with an advanced degree."} | 1,102 | 125 | 0.534563 | 1.520869 | 0.507963 | 2.59434 | 9.150943 | 0.858491 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Zoning and Property Rights
Protection Act of 2015''.
SEC. 2. WITHDRAWAL OF RULES AND NOTICES.
(a) Proposed Rule.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Housing and Urban Development
shall withdraw the proposed rule of the Department of Housing and Urban
Development described in the notice of proposed rule entitled
``Affirmatively Furthering Fair Housing'', published in the Federal
Register on July 19, 2013 (78 Fed. Reg. 43710; Docket No. FR-5173-P-
01), any final rule based on such proposed rule (including the rule
having the Regulation Identifier Number RIN 2501-AD33), and any
successor rule that is substantially similar to such proposed or final
rule.
(b) Notice.--Not later than 30 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development shall withdraw
the notice of the Department of Housing and Urban Development relating
to the Affirmatively Furthering Fair Housing Assessment Tool, published
in the Federal Register on September 26, 2014 (79 Fed. Reg. 57949;
Docket No. FR-5173-N-02), any proposed or final rule issued pursuant to
such notice, and any successor notice or rule substantially similar to
such notice or proposed or final rule.
SEC. 3. FEDERALISM CONSULTATION AND REPORT.
(a) In General.--The Secretary of Housing and Urban Development
shall jointly consult with State officials, local government officials,
and officials of public housing agencies to develop recommendations,
consistent with applicable rulings of the Supreme Court of the United
States, to further the purposes and policies of the Fair Housing Act.
(b) Consultation Requirements.--In developing the recommendations
required under subsection (a), the Secretary shall--
(1) provide State officials, local government officials,
and officials of public housing agencies with notice and an
opportunity to participate in the consultation process required
under subsection (a);
(2) seek to consult with State officials, local government
officials, and officials of public housing agencies that
represent a broad cross-section of regional, economic, and
geographic perspectives in the United States;
(3) emphasize the importance of collaboration with and
among the State officials, local government officials, and
officials of public housing agencies;
(4) allow for meaningful and timely input by State
officials, local government officials, and officials of public
housing agencies;
(5) promote transparency in the consultation process
required under subsection (a); and
(6) explore with State officials, local government
officials, and officials of public housing agencies whether
Federal objectives under the Fair Housing Act can be attained
by means other than through new regulations.
(c) Reports.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary shall publish in the
Federal Register a draft report describing the recommendations
developed pursuant to subsection (a).
(2) Consensus requirement.--The Secretary may include a
recommendation in the draft report only if consensus has been
reached with regard to the recommendation among the Secretary,
the State officials, local government officials, and officials
of public housing agencies consulted pursuant to subsection
(a).
(3) Failure to reach consensus.--If the Secretary, State
officials, local government officials, and officials of public
housing agencies consulted under subsection (a) fail to reach
consensus on a regulatory proposal, the draft report shall
identify that consensus was not reached and shall describe--
(A) the areas and issues with regard to which
consensus was reached;
(B) the areas and issues of continuing disagreement
that resulted in the failure to reach consensus; and
(C) the reasons for the continuing disagreements.
(4) Public review and comment period.--The Secretary shall
make the draft report available for public review and comment
for a period of not fewer than 180 days.
(5) Final report.--The Secretary shall, in consultation
with the State officials, local government officials, and
officials of public housing agencies, address any comments
received pursuant to paragraph (4) and shall prepare a final
report describing the final results of the consultation process
under subsection (a).
(d) Submission of Final Report.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall make publicly
available online the final report prepared pursuant to subsection
(c)(5).
(e) Definitions.--In this Act, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(2) Local government official.--The term ``local government
official'' means an elected or professional official of a local
government or an official of a regional or national
organization representing local governments or officials.
(3) State official.--The term ``State official'' means an
elected or professional official of a State government or an
official of a regional or national organization representing
State governments or officials.
(4) Public housing agency.--The term ``public housing
agency'' has the meaning given such term in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)). | Local Zoning and Property Rights Protection Act of 2015 This bill requires the Secretary of Housing and Urban Development (HUD) to withdraw: the proposed HUD rule entitled "Affirmatively Furthering Fair Housing (AFFH)," any final rule based on it (including the rule with the Regulation Identifier Number RIN 2501-AD33), and any successor rule that is substantially similar to them; and the HUD notice relating to the AFFH Assessment Tool, any proposed or final rule issued pursuant to such notice, and any successor notice or rule substantially similar to them. HUD is required to consult with state, local government, and public housing agency officials to develop recommendations, consistent with applicable rulings of the U.S. Supreme Court, to further the Fair Housing Act's purposes and policies. | {"src": "billsum_train", "title": "Local Zoning and Property Rights Protection Act of 2015"} | 1,139 | 178 | 0.64397 | 1.899379 | 0.797618 | 4.705479 | 7.349315 | 0.883562 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Removal of
Mexican-Americans to Mexico Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) From 1929 through 1941, Federal, State, and local
Government authorities and certain private sector entities
throughout the United States undertook an aggressive program to
forcibly remove individuals of Mexican ancestry from the United
States.
(2) As many as 1,200,000 individuals of Mexican ancestry
who were United States citizens were forcibly removed to
Mexico.
(3) These men, women, and children were removed outside the
United States in response to public pressure to curtail the
employment of Mexican-Americans, most of whom were United
States citizens or residing legally in the United States,
during the Depression.
(4) Massive raids were conducted on Mexican-American
communities, and many of the people who were removed were never
able to return to the United States, their country of birth.
(5) These raids targeted individuals of Mexican ancestry,
even when such individuals were United States citizens or
permanent legal residents.
(6) These raids also separated such United States citizens
and permanent legal residents from their families and deprived
them of their livelihoods and constitutional rights.
(7) No official inquiry into this matter has been made.
(b) Purpose.--It is the purpose of this Act to establish a fact
finding commission to determine whether United States citizens and
permanent legal residents were forcibly removed to Mexico from 1929 to
1941 in violation of law as a result of past directives of Federal,
State and local governments and the impact of such removal on those
individuals, their families, and the Mexican-American community in the
United States, and to recommend appropriate remedies.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``Commission
on the Removal of Mexican-Americans to Mexico''.
SEC. 4. DUTIES OF THE COMMISSION.
The Commission shall--
(1) review the facts and circumstances surrounding the
removal of certain United States citizens and permanent legal
residents to Mexico from 1929 to 1941, and the impact of such
actions on these individuals, their families, and the Mexican-
American community in the United States;
(2) review past directives of Federal, State, and local
governments that required the removal of these individuals to
Mexico and any other information related to these directives;
and
(3) submit to Congress a written report of its findings and
recommendations.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
seven members, who shall be appointed within 90 days after the date of
the enactment of this Act as follows:
(1) Three members appointed by the President.
(2) Two members appointed by the Speaker of the House of
Representatives, in consultation with the minority leader of
the House of Representatives.
(3) Two members appointed by the President pro tempore of
the Senate, in consultation with the minority leader of the
Senate.
(b) Qualifications.--Members appointed under subsection (a) shall
possess knowledge or expertise related to human rights, civil rights,
immigration, labor, business, or other pertinent qualifications.
(c) Term of Office.--Each member shall be appointed for the life of
the Commission.
(d) Quorum.--Four members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(e) Initial Meeting.--The initial meeting of the Commission shall
be called by the President within one hundred and twenty days after the
date of the enactment of this Act, or within thirty days after the date
on which legislation is enacted making appropriations to carry out this
Act, whichever is later.
(f) Chairperson and Vice Chairperson.--The Commission shall elect a
chairperson and vice chairperson from among its members. The term of
office of each shall be for the life of the Commission.
(g) Vacancies.--A vacancy in the Commission shall not affect its
powers and shall be filled in the same manner in which the original
appointment was made.
SEC. 6. POWERS.
(a) Hearings.--
(1) In general.--The Commission or on the authorization of
the Commission, any subcommittee or member thereof, 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 or any subcommittee or member considers appropriate.
(2) Location.--The Commission may hold public hearings in
any city of the United States that it finds appropriate.
(b) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission which the Commission is
empowered to investigate by this Act.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where such person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoena.--A subpoena of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States, or from any State
or local government, information necessary to enable it to carry out
this Act. Upon request of any member, the head of such department or
agency shall furnish such information to the Commission.
(d) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons for any services,
supplies, or other activities necessary to enable the Commission to
carry out its duties under this Act.
SEC. 7. STAFF.
(a) In General.--The Commission may appoint and fix the pay of such
additional staff as it considers appropriate.
(b) Applicability of Certain Civil Service Laws.--Any staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(d) Administrative Support Services.--Upon request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties under
this Act.
SEC. 8. REPORT.
The Commission shall submit to Congress a written report not later
than the date which is one year after the date of the initial meeting
called pursuant to section 5(d) of this Act. The report shall contain a
detailed statement of the findings and conclusions of the Commission,
together with its recommendations for legislative actions that the
Commission considers appropriate.
SEC. 9. TERMINATION.
The Commission shall terminate 30 days after submitting the report
under section 8.
SEC. 10. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the
Commission on the Removal of Mexican-Americans to Mexico
established under section 3.
(2) Member.--The term ``member'' means a member of the
Commission.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any other commonwealth, possession, or
territory of the United States. | Commission on the Removal of Mexican-Americans to Mexico This bill establishes the Commission on the Removal of Mexican-Americans to Mexico, which shall: (1) review the facts and circumstances surrounding the 1929-1941 removal of certain U.S. citizens and permanent legal residents to Mexico and the impact of such actions on such individuals, their families, and the Mexican-American community; (2) review federal, state, and local government directives that required such removal and any other related information; and (3) report its findings, conclusions, and any recommendations for legislative actions. | {"src": "billsum_train", "title": "Commission on the Removal of Mexican-Americans to Mexico Act"} | 1,850 | 114 | 0.663604 | 1.744147 | 0.680881 | 5.207207 | 15.468468 | 0.972973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tapoco Project Licensing Act of
2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) APGI.--The term ``APGI'' means Alcoa Power Generating
Inc., its successors and assigns.
(2) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(3) Map.--The term ``map'' means the map entitled ``Tapoco
Hydroelectric Project, P-2169, Settlement Agreement, Appendix
B, Proposed Land Swap Areas, National Park Service and APGI'',
numbered TP514, Issue No. 9, and dated June 8, 2004.
(4) Park.--The term ``Park'' means Great Smoky Mountains
National Park.
(5) Project.--The term ``Project'' means the Tapoco
Hydroelectric Project, FERC Project No. 2169, including the
Chilhowee Dam and Reservoir in the State of Tennessee.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. LAND EXCHANGE.
(a) Authorization.--
(1) In general.--Upon the conveyance by APGI of title
acceptable to the Secretary of the land identified in paragraph
(2), the Secretary shall simultaneously convey to APGI title to
the land identified in paragraph (3).
(2) Description of land to be conveyed by apgi.--The land
to be conveyed by APGI to the Secretary is the approximately
186 acres of land, subject to any encumbrances existing before
February 21, 2003--
(A) within the authorized boundary of the Park,
located northeast of United States Highway 129 and
adjacent to the APGI power line; and
(B) as generally depicted on the map as ``Proposed
Property Transfer from APGI to National Park Service''.
(3) Description of land to be conveyed by the secretary.--
The land to be conveyed by the Secretary to APGI is the
approximately 110 acres of land within the Park that is--
(A) adjacent to or flooded by the Chilhowee
Reservoir;
(B) within the boundary of the Project as of
February 21, 2003; and
(C) as generally depicted on the map as ``Proposed
Property Transfer from National Park Service to APGI''.
(b) Minor Adjustments to Conveyed Land.--The Secretary and APGI may
mutually agree to make minor boundary or acreage adjustments to the
land identified in subsection (a).
(c) Opportunity to Mitigate.--If the Secretary determines that all
or part of the land to be conveyed to the Secretary under subsection
(a)(2) is unsuitable for inclusion in the Park, APGI shall have the
opportunity to make the land suitable for inclusion in the Park.
(d) Conservation Easement.--The Secretary shall reserve a
conservation easement over any land transferred to APGI under
subsection (a)(3) that, subject to any terms and conditions imposed by
the Commission in any license that the Commission may issue for the
Project. The conservation easement shall--
(1) specifically prohibit any development of the land by
APGI, other than any development that is necessary for the
continued operation and maintenance of the Chilhowee Reservoir;
(2) authorize public access to the easement area, subject
to National Park Service regulations; and
(3) authorize the National Park Service to enforce Park
regulations on the land and in and on the waters of Chilhowee
Reservoir lying on the land, to the extent not inconsistent
with any license condition considered necessary by the
Commission.
(e) Applicability of Certain Laws.--Section 5(b) of Public Law 90-
401 (16 U.S.C. 460l-22(b)), shall not apply to the land exchange
authorized under this section.
(f) Reversion.--
(1) In general.--The deed from the Secretary to APGI shall
contain a provision that requires the land described in
subsection (a)(3) to revert to the United States if--
(A) the Chilhowee Reservoir ceases to exist; or
(B) the Commission issues a final order
decommissioning the Project from which no further
appeal may be taken.
(2) Applicable law.--A reversion under this subsection
shall not eliminate APGI's responsibility to comply with all
applicable provisions of the Federal Power Act (16 U.S.C. 791a
et seq.), including regulations.
(g) Boundary Adjustment.--
(1) In general.--On completion of the land exchange
authorized under this section, the Secretary shall--
(A) adjust the boundary of the Park to include the
land described in subsection (a)(2); and
(B) administer any acquired land as part of the
Park in accordance with applicable law (including
regulations).
(2) National park service land.--Notwithstanding the
exchange of land under this section, the land described in
subsection (a)(3) shall remain within the boundary of the Park.
(3) Public notice.--The Secretary shall publish in the
Federal Register notice of any boundary revision under
paragraph (1).
SEC. 4. PROJECT LICENSING.
Notwithstanding the continued inclusion of the land described in
section 3(a)(3) in the boundary of the Park (including any modification
made pursuant to section 3(b)) on completion of the land exchange, the
Commission shall have jurisdiction to license the Project.
SEC. 5. LAND ACQUISITION.
(a) In General.--The Secretary or the Secretary of Agriculture may
acquire, from willing owners only, by purchase, donation, or exchange,
any land or interest in land that--
(1) may be transferred by APGI to any nongovernmental
organization; and
(2) is identified as ``Permanent Easement'' or ``Term
Easement'' on the map entitled ``Tapoco Hydroelectric Project,
P-2169, Settlement Agreement, Appendix B, Proposed Land
Conveyances in Tennessee'', numbered TP616, Issue No. 15, and
dated March 11, 2004.
(b) Land Acquired by the Secretary of the Interior.--The Secretary
shall--
(1) adjust the boundary of the Park to include any land or
interest in land acquired by the Secretary under subsection
(a);
(2) administer any acquired land or interest in land as
part of the Park in accordance with applicable law (including
regulations); and
(3) publish notice of the adjustment in the Federal
Register.
(c) Land Acquired by the Secretary of Agriculture.--
(1) Boundary adjustment.--The Secretary of Agriculture
shall--
(A) adjust the boundary of the Cherokee National
Forest to include any land acquired under subsection
(a);
(B) administer any acquired land or interest in
land as part of the Cherokee National Forest in
accordance with applicable law (including regulations);
and
(C) publish notice of the adjustment in the Federal
Register.
(2) Management.--The Secretary of Agriculture shall
evaluate the feasibility of managing any land acquired by the
Secretary of Agriculture under subsection (a) in a manner that
retains the primitive, back-country character of the land.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Tapoco Project Licensing Act of 2004 - (Sec. 1) Instructs the Secretary of the Interior to engage in a specified simultaneous land exchange with the Alcoa Power Generating Inc. (APGI).
(Sec. 3) Identifies the land within the Great Smoky Mountains National Park to be conveyed by APGI.
Identifies the land to be conveyed by the Secretary as: (1) adjacent to or flooded by the Chilhowee Reservoir; and (2) within the boundary of the Tapoco Hydroelectric Project as of February 21, 2003.
Prescribes procedural requirements, including: (1) reservation of a conservation easement over any land conveyed to APGI; and (2) reversion of title to the United States if the Chilhowee Reservoir ceases to exist, or the Federal Energy Regulatory Commission (FERC) issues a final order decommissioning the Tapoco Project from which no further appeal may be taken.
(Sec. 4) Grants FERC jurisdiction to license the Tapoco Project upon completion of the land exchange.
(Sec. 5) Authorizes the Secretary of the Interior or the Secretary of Agriculture to acquire for the United States any land or interest in land, including specified easements, that may be transferred by APGI to a nongovernmental organization pursuant to a specified Settlement Agreement.
Sets forth boundary adjustment procedures.
Directs the Secretary of Agriculture to evaluate the feasibility of managing specified land acquired by the Secretary of Agriculture in a manner that retains the primitive, back-country character of the land.
(Sec. 6) Authorizes appropriations. | {"src": "billsum_train", "title": "To authorize and facilitate hydroelectric power licensing of the Tapoco Project, and for other purposes."} | 1,644 | 370 | 0.686436 | 2.223356 | 0.812686 | 3.585616 | 4.924658 | 0.921233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Medical Treatment Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Advertising claims.--The term ``advertising claims''
means any representations made or suggested by statement, word,
design, device, sound, or any combination thereof with respect
to a medical treatment.
(2) Danger.--The term ``danger'' means any negative
reaction that--
(A) causes serious harm;
(B) occurred as a result of a method of medical
treatment;
(C) would not otherwise have occurred; and
(D) is more serious than reactions experienced with
routinely used medical treatments for the same medical
condition or conditions.
(3) Device.--The term ``device'' has the same meaning given
such term in section 201(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(h)).
(4) Drug.--The term ``drug'' has the same meaning given
such term in section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(g)(1)).
(5) Food.--The term ``food''--
(A) has the same meaning given such term in section
201(f) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(f)); and
(B) includes a dietary supplement as defined in
section 201(ff) of such Act.
(6) Health care practitioner.--The term ``health care
practitioner'' means a physician or another person who is
legally authorized to provide health professional services in
the State in which the services are provided.
(7) Label.--The term ``label'' has the same meaning given
such term in section 201(k) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(k)) and includes labeling as
defined in section 201(m) of such Act (21 U.S.C. 321(m)).
(8) Legal representative.--The term ``legal
representative'' means a parent or an individual who qualifies
as a legal guardian under State law.
(9) Seller.--The term ``seller'' means a person, company,
or organization that receives payment related to a medical
treatment of a patient of a health practitioner, except that
this term does not apply to a health care practitioner who
receives payment from an individual or representative of such
individual for the administration of a medical treatment to
such individual.
(10) Medical treatment.--The term ``medical treatment''
means any food, drug, device, or procedure that is used and
intended as a cure, mitigation, treatment, or prevention of
disease.
SEC. 3. ACCESS TO MEDICAL TREATMENT.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsection (b), an individual shall have the
right to be treated by a health care practitioner with any medical
treatment (including a medical treatment that is not approved,
certified, or licensed by the Secretary of Health and Human Services)
that such individual desires or the legal representative of such
individual authorizes if--
(1) such practitioner has personally examined such
individual and agrees to treat such individual; and
(2) the administration of such treatment does not violate
licensing laws.
(b) Medical Treatment Requirements.--A health care practitioner may
provide any medical treatment to an individual described in subsection
(a) if--
(1) there is no reasonable basis to conclude that the
medical treatment itself, when used as directed, poses an
unreasonable and significant risk of danger to such individual;
(2) in the case of an individual whose treatment is the
administration of a food, drug, or device that has to be
approved, certified, or licensed by the Secretary of Health and
Human Services, but has not been approved, certified, or
licensed by the Secretary of Health and Human Services--
(A) such individual has been informed in writing
that such food, drug, or device has not yet been
approved, certified, or licensed by the Secretary of
Health and Human Services for use as a medical
treatment for the condition of such individual; and
(B) prior to the administration of such treatment,
the practitioner has provided the patient a written
statement that states the following:
``WARNING: This food, drug, or device has
not been declared to be safe and effective by
the Federal Government and any individual who
uses such food, drug, or device, does so at his
or her own risk.'';
(3) such individual has been informed in writing of the
nature of the medical treatment, including--
(A) the contents and methods of such treatment;
(B) the anticipated benefits of such treatment;
(C) any reasonably foreseeable side effects that
may result from such treatment;
(D) the results of past applications of such
treatment by the health care practitioner and others;
and
(E) any other information necessary to fully meet
the requirements for informed consent of human subjects
prescribed by regulations issued by the Food and Drug
Administration;
(4) except as provided in subsection (c), there have been
no advertising claims made with respect to the efficacy of the
medical treatment by the practitioner, manufacturer, or
distributor;
(5) the label of any drug, device, or food used in such
treatment is not false or misleading; and
(6) such individual--
(A) has been provided a written statement that such
individual has been fully informed with respect to the
information described in paragraphs (1) through (4);
(B) desires such treatment; and
(C) signs such statement.
In any proceeding relating to the enforcement of paragraph (5) with
respect to the label of drugs, devices, or food used in medical
treatment covered under this subsection, the provisions of section
403B(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-
2(c)) shall apply to establishing the burden of proof that such label
is false or misleading.
(c) Claim Exceptions.--
(1) Reporting by a practitioner.--Subsection (b)(4) shall
not apply to an accurate and truthful reporting by a health
care practitioner of the results of the practitioner's
administration of a medical treatment in recognized journals or
at seminars, conventions, or similar meetings or to others so
long as the reporting practitioner has no financial interests
in the reporting of the material and has received no financial
benefit of any kind from the manufacturer, distributor, or
other seller for such reporting. Such reporting may not be used
by a manufacturer, distributor, or other seller to advance the
sale of such treatment.
(2) Statements by a practitioner to a patient.--Subsection
(b)(4) shall not apply to any statement made in person by a
health care practitioner to an individual patient or an
individual prospective patient.
(3) Dietary supplements statements.--Subsection (b)(4)
shall not apply to statements or claims permitted under
sections 403B and 403(r)(6) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343-2 and 343(r)(6)).
SEC. 4. REPORTING OF A DANGEROUS MEDICAL TREATMENT.
(a) Health Care Practitioner.--If a health care practitioner, after
administering a medical treatment, discovers that the treatment itself
was a danger to the individual receiving such treatment, the
practitioner shall immediately report to the Secretary of Health and
Human Services the nature of such treatment, the results of such
treatment, the complete protocol of such treatment, and the source from
which such treatment or any part thereof was obtained.
(b) Secretary.--Upon confirmation that a medical treatment has
proven dangerous to an individual, the Secretary of Health and Human
Services shall properly disseminate information with respect to the
danger of the medical treatment.
SEC. 5 REPORTING OF A BENEFICIAL MEDICAL TREATMENT.
If a health care practitioner, after administering a medical
treatment that is not a conventional medical treatment for a life-
threatening medical condition or conditions, discovers that, in the
opinion of the practitioner, such medical treatment has positive
effects on such condition or conditions that are significantly greater
than the positive effects that are expected from a conventional medical
treatment for the same condition or conditions, the practitioner shall
immediately make a reporting, which is accurate and truthful, to the
Office of Alternative Medicine of--
(1) the nature of such medical treatment (which is not a
conventional medical treatment);
(2) the results of such treatment; and
(3) the protocol of such treatment.
SEC. 6. TRANSPORTATION AND PRODUCTION OF FOOD, DRUGS, DEVICES, AND
OTHER EQUIPMENT.
Notwithstanding any other provision of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 201 et seq.), a person may--
(1) introduce or deliver into interstate commerce a food,
drug, device, or any other equipment; and
(2) produce a food, drug, device, or any other equipment,
solely for use in accordance with this Act if there have been no
advertising claims by the manufacturer, distributor, or seller.
SEC. 7. VIOLATION OF THE CONTROLLED SUBSTANCES ACT.
A health care practitioner, manufacturer, distributor, or other
seller may not violate any provision of the Controlled Substances Act
(21 U.S.C. 801 et seq.) in the provision of medical treatment in
accordance with this Act.
SEC. 8. PENALTY.
A health care practitioner who knowingly violates any provision of
this Act shall not be covered by the protections under this Act and
shall be subject to all other applicable laws and regulations. | Access to Medical Treatment Act - Permits any individual to be treated by a health care practitioner with any medical treatment that the individual desires (including a treatment that is not approved, certified, or licensed by the Secretary of Health and Human Services) if: (1) the practitioner agrees to treat the individual; and (2) the administration of such treatment does not violate licensing laws.
Authorizes health care practitioners to provide any method of treatment to such an individual if certain requirements are met.
Requires a practitioner to report: (1) administering such treatment and discovering it to be a danger to an individual; and (2) the positive effects of an unconventional medical treatment for a life-threatening medical condition. | {"src": "billsum_train", "title": "Access to Medical Treatment Act"} | 2,137 | 148 | 0.419493 | 1.119419 | 0.652227 | 4.711268 | 13.971831 | 0.922535 |
SECTION 1. DEMONSTRATION PROJECT ON PRIORITIES IN SCHEDULING OF
APPOINTMENTS OF VETERANS FOR HEALTH CARE THROUGH THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Project Required.--The Secretary of Veterans Affairs shall
carry out a demonstration project to assess the feasibility and
advisability of providing for priorities in the scheduling of
appointments of veterans for health care through the Department of
Veterans Affairs in accordance with the following:
(1) The Department of Veterans Affairs Waiting Time for
Appointments goals (30-30-20) of 2000.
(2) The provisions of the Veterans Health Administration
directive entitled ``Priority For Outpatient Medical Services
and Inpatient Hospital Care'' (VHA Directive 2002-059).
(3) The provisions of the Veterans Health Administration
directive entitled ``Priority Scheduling for Outpatient Medical
Services and Inpatient Hospital Care for Service Connected
Veterans'' (VHA Directive 2003-062), dated October 23, 2003.
(b) Period of Project.--The Secretary shall carry out the
demonstration project during the two-year period beginning on October
1, 2004.
(c) Locations of Project.--(1) The Secretary shall carry out the
demonstration project throughout each of three Veterans Integrated
Service Networks (VISNs) selected by the Secretary for purposes of the
project.
(2) In selecting Veterans Integrated Service Networks under
paragraph (1), the Secretary shall ensure that the project is carried
out in urban, rural, and highly rural areas.
(d) Project Requirements and Authorities.--(1) Except as provided
in paragraphs (2) and (3), in carrying out the demonstration project
the Secretary shall schedule appointments for veterans for outpatient
medical services and inpatient hospital care through the Department in
accordance with the goals and directives referred to in subsection (a).
(2) The veterans covered by the demonstration project shall include
any veterans residing in a Veterans Integrated Service Network covered
by the project, whether new or current enrollees with the Department
and including veterans with service-connected disabilities and veterans
with non-service-connected disabilities.
(3) The Secretary shall schedule each appointment under the
demonstration project in a Department facility unless, as determined by
the Secretary--
(A) the cost of scheduling the appointment in a Department
facility exceeds the cost of scheduling the appointment in a
non-Department facility to an unreasonable degree; or
(B) the scheduling of the appointment in a non-Department
facility is required for medical or other reasons.
(4) In carrying out the demonstration project, the Secretary may
utilize the Preferred Pricing Program (PPP) of the Department, or
similar programs or authorities, in the locations covered by the
project.
(5) In this subsection, the terms ``Department facility'' and
``non-Department facility'' have the meaning given such terms in
section 1701 of title 38, United States Code.
(e) Annual Reports on Waiting Times for Appointments for Care and
Services.--(1) Not later than January 31 each year, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and the
House of Representatives a report on the waiting times of veterans for
appointments for health care and services from the Department during
the preceding year.
(2) Each report under paragraph (1) shall specify, for the year
covered by the report, the following:
(A) A tabulation of the waiting time of veterans for
appointments with the Department for each category of primary
or specialty care or services furnished by the Department,
broken out by particular Department facility and by Veterans
Integrated Service Network.
(B) An identification of the categories of specialty care
or services for which there are lengthy delays for appointments
at particular Department facilities or throughout particular
Veterans Integrated Service Networks, and, for each category so
identified, recommendations for the reallocation of personnel,
financial, and other resources to address such delays.
(f) Report on Project.--The report under subsection (e) in 2007
shall also include information on the demonstration project under this
section. That information shall include--
(1) a description of the project, including the Veterans
Integrated Service Networks selected for the project, the
number of veterans covered by the project, the number and
timeliness of appointments scheduled under the project, and the
costs of carrying out the project;
(2) an assessment of the feasibility and advisability of
implementing the project nationwide; and
(3) such other information with respect to the project as
the Secretary considers appropriate. | Requires the Secretary of Veterans Affairs to: (1) carry out a demonstration project to assess the feasibility and advisability of providing for priorities in scheduling appointments for health care through the Department of Veterans Affairs in accordance with the Department's Waiting Time for Appointments goals (30-30-20) of 2000 and the provisions of the Veterans Health Administration directives entitled Priority for Outpatient Medical Services and Inpatient Hospital Care (VHA Directive 2002-059) and Priority Scheduling for Outpatient Medical Services and Inpatient Hospital Care for Service Connected Veterans (VHA Directive 2003-062); (2) select three Veterans Integrated Service Networks for the project and ensure that the project is carried out in urban, rural, and highly rural areas; (3) schedule each appointment under the project at a Department facility unless the cost is unreasonable or medical or other reasons necessitate an appointment at a non-Department facility.
Requires the Secretary to report to the Committees on Veterans' Affairs in the Senate and the House of Representatives annually on waiting times of veterans for Department health care appointments. | {"src": "billsum_train", "title": "A bill to require the Secretary of Veterans Affairs to carry out a demonstration project on priorities in the scheduling of appointments of veterans for health care through the Department of Veterans Affairs, and for other purposes."} | 954 | 235 | 0.771049 | 2.364041 | 0.759805 | 4.926108 | 4.527094 | 0.965517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nepal Trade Preferences Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that it should be an objective of the
United States to use trade policies and trade agreements to contribute
to the reduction of poverty and the elimination of hunger.
SEC. 3. ELIGIBILITY REQUIREMENTS.
(a) In General.--The President may authorize the provision of
preferential treatment under this Act to articles that are imported
directly from Nepal into the customs territory of the United States
pursuant to section 4 if the President determines--
(1) that Nepal meets the requirements set forth in
paragraphs (1), (2), and (3) of section 104(a) of the African
Growth and Opportunity Act (19 U.S.C. 3703(a)); and
(2) after taking into account the factors set forth in
paragraphs (1) through (7) of subsection (c) of section 502 of
the Trade Act of 1974 (19 U.S.C. 2462), that Nepal meets the
eligibility requirements of such section 502.
(b) Withdrawal, Suspension, or Limitation of Preferential
Treatment; Mandatory Graduation.--The provisions of subsections (d) and
(e) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462) shall
apply with respect to Nepal to the same extent and in the same manner
as such provisions apply with respect to beneficiary developing
countries under title V of that Act (19 U.S.C. 2461 et seq.).
SEC. 4. ELIGIBLE ARTICLES.
(a) In General.--An article described in subsection (b) may enter
the customs territory of the United States free of duty.
(b) Articles Described.--
(1) In general.--An article is described in this subsection
if--
(A)(i) the article is the growth, product, or
manufacture of Nepal; and
(ii) in the case of a textile or apparel article,
Nepal is the country of origin of the article, as
determined under section 102.21 of title 19, Code of
Federal Regulations (as in effect on the day before the
date of the enactment of this Act);
(B) the article is imported directly from Nepal
into the customs territory of the United States;
(C) the article is classified under any of the
following subheadings of the Harmonized Tariff Schedule
of the United States (as in effect on the day before
the date of the enactment of this Act):
4202.11.00............................ 4202.22.60................... 4202.92.08
4202.12.20............................ 4202.22.70................... 4202.92.15
4202.12.40............................ 4202.22.80................... 4202.92.20
4202.12.60............................ 4202.29.50................... 4202.92.30
4202.12.80............................ 4202.29.90................... 4202.92.45
4202.21.60............................ 4202.31.60................... 4202.92.60
4202.21.90............................ 4202.32.40................... 4202.92.90
4202.22.15............................ 4202.32.80................... 4202.99.90
4202.22.40............................ 4202.32.95................... 4203.29.50
4202.22.45............................ 4202.91.00................... .........................................
.........................................
5701.10.90............................ 5702.91.30................... 5703.10.80
5702.31.20............................ 5702.91.40................... 5703.90.00
5702.49.20............................ 5702.92.90................... 5705.00.20
5702.50.40............................ 5702.99.15................... .........................................
5702.50.59............................ 5703.10.20................... .........................................
.........................................
6117.10.60............................ 6214.20.00................... 6217.10.85
6117.80.85............................ 6214.40.00................... 6301.90.00
6214.10.10............................ 6214.90.00................... 6308.00.00
6214.10.20............................ 6216.00.80................... .........................................
.........................................
6504.00.90............................ 6505.00.30................... 6505.00.90
6505.00.08............................ 6505.00.40................... 6506.99.30
6505.00.15............................ 6505.00.50................... 6506.99.60
6505.00.20............................ 6505.00.60................... .........................................
6505.00.25............................ 6505.00.80................... .........................................
(D) the President determines, after receiving the
advice of the United States International Trade
Commission in accordance with section 503(e) of the
Trade Act of 1974 (19 U.S.C. 2463(e)), that the article
is not import-sensitive in the context of imports from
Nepal; and
(E) subject to paragraph (3), the sum of the cost
or value of the materials produced in, and the direct
costs of processing operations performed in, Nepal or
the customs territory of the United States is not less
than 35 percent of the appraised value of the article
at the time it is entered.
(2) Exclusions.--An article shall not be treated as the
growth, product, or manufacture of Nepal for purposes of
paragraph (1)(A)(i) by virtue of having merely undergone--
(A) simple combining or packaging operations; or
(B) mere dilution with water or mere dilution with
another substance that does not materially alter the
characteristics of the article.
(3) Limitation on united states cost.--For purposes of
paragraph (1)(E), the cost or value of materials produced in,
and the direct costs of processing operations performed in, the
customs territory of the United States and attributed to the
35-percent requirement under that paragraph may not exceed 15
percent of the appraised value of the article at the time it is
entered.
(c) Verification With Respect to Transshipment for Textile and
Apparel Articles.--
(1) In general.--Not later than April 1, July 1, October 1,
and January 1 of each year, the Commissioner responsible for
U.S. Customs and Border Protection shall verify that textile
and apparel articles imported from Nepal to which preferential
treatment is extended under this Act are not being unlawfully
transshipped into the United States.
(2) Report to president.--If the Commissioner determines
pursuant to paragraph (1) that textile and apparel articles
imported from Nepal to which preferential treatment is extended
under this Act are being unlawfully transshipped into the
United States, the Commissioner shall report that determination
to the President.
SEC. 5. TRADE FACILITATION AND CAPACITY BUILDING.
(a) Findings.--Congress makes the following findings:
(1) As a land-locked least-developed country, Nepal has
severe challenges reaching markets and developing capacity to
export goods. As of 2015, exports from Nepal are approximately
$800,000,000 per year, with India the major market at
$450,000,000 annually. The United States imports about
$80,000,000 worth of goods from Nepal, or 10 percent of the
total goods exported from Nepal.
(2) The World Bank has found evidence that the overall
export competitiveness of Nepal has been declining since 2005.
Indices compiled by the World Bank and the Organization for
Economic Co-operation and Development found that export costs
in Nepal are high with respect to both air cargo and container
shipments relative to other low-income countries. Such indices
also identify particular weaknesses in Nepal with respect to
automation of customs and other trade functions, involvement of
local exporters and importers in preparing regulations and
trade rules, and export finance.
(3) Implementation by Nepal of the Agreement on Trade
Facilitation of the World Trade Organization could directly
address some of the weaknesses described in paragraph (2).
(b) Establishment of Trade Facilitation and Capacity Building
Program.--Not later than 180 days after the date of the enactment of
this Act, the President shall, in consultation with the Government of
Nepal, establish a trade facilitation and capacity building program for
Nepal--
(1) to enhance the central export promotion agency of Nepal
to support successful exporters and to build awareness among
potential exporters in Nepal about opportunities abroad and
ways to manage trade documentation and regulations in the
United States and other countries;
(2) to provide export finance training for financial
institutions in Nepal and the Government of Nepal;
(3) to assist the Government of Nepal in maintaining
publication of all trade regulations, forms for exporters and
importers, tax and tariff rates, and other documentation
relating to exporting goods on the Internet and developing a
robust public-private dialogue, through its National Trade
Facilitation Committee, for Nepal to identify timelines for
implementation of key reforms and solutions, as provided for
under the Agreement on Trade Facilitation of the World Trade
Organization; and
(4) to increase access to guides for importers and
exporters on the Internet, including rules and documentation
for United States tariff preference programs.
SEC. 6. REPORTING REQUIREMENT.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the President shall monitor, review, and
report to Congress on the implementation of this Act, the compliance of
Nepal with section 3(a), and the trade and investment policy of the
United States with respect to Nepal.
SEC. 7. TERMINATION OF PREFERENTIAL TREATMENT.
No preferential treatment extended under this Act shall remain in
effect after December 31, 2025.
SEC. 8. EFFECTIVE DATE.
The provisions of this Act shall take effect on January 1, 2016. | Nepal Trade Preferences Act It is the sense of Congress that it should be an objective of the United States to use trade policies and trade agreements to reduce poverty and eliminate hunger. The President may give preferential treatment to certain articles imported directly from Nepal into the U.S. customs territory if that country meets certain requirements under the African Growth and Opportunity Act, including a market-based economy and the rule of law, the protection of human rights and internationally-recognized worker rights, elimination of trade barriers to the United States, and non-engagement in activities that undermine U.S. national security or foreign policy interests or support acts of international terrorism. Nepal must also meet certain eligibility criteria for designation as a beneficiary developing country under the Trade Act of 1974. Certain leather articles (trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers) and textile or apparel articles imported directly from Nepal may enter the U.S. customs territory duty-free if: the article is the growth, product, or manufacture of Nepal; Nepal is the country of origin of the textile or apparel article; the President determines, after receiving advice from the U.S. International Trade Commission (USITC), that the article is not import-sensitive; and the sum of the cost or value of the materials produced in, and the manufacturing costs performed in, Nepal or the U.S. customs territory is at least 35% of the appraised value of the article at the time it is entered. Limits to 15% of the appraised value of an article at the time it is entered the cost or value of the materials produced in, and the manufacturing costs performed in, the U.S. customs territory and attributed to the 35% requirement. The U.S. Customs and Border Protection must verify annually that textile and apparel articles imported duty-free into the United States from Nepal are not being unlawfully transshipped into the United States. The President shall establish a trade facilitation and capacity building program to assist Nepal in the export of goods. The extension of preferential treatment to Nepal shall terminate after December 31, 2025. | {"src": "billsum_train", "title": "Nepal Trade Preferences Act"} | 2,133 | 457 | 0.64325 | 2.411315 | 0.751079 | 3.900249 | 4.329177 | 0.862843 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe and Secure Federal Websites Act
of 2015''.
SEC. 2. ENSURING FUNCTIONALITY AND SECURITY OF NEW FEDERAL WEBSITES
THAT COLLECT PERSONALLY IDENTIFIABLE INFORMATION.
(a) Certification Requirement.--
(1) In general.--Except as otherwise provided under this
subsection, an agency may not deploy or make available to the
public a new Federal PII website until the date on which the
chief information officer of the agency submits a certification
to Congress that the website is fully functional and secure.
(2) Transition.--In the case of a new Federal PII website
that is operational on the date of the enactment of this Act,
paragraph (1) shall not apply until the end of the 90-day
period beginning on such date of enactment. If the
certification required under paragraph (1) for such website has
not been submitted to Congress before the end of such period,
the head of the responsible agency shall render the website
inaccessible to the public until such certification is
submitted to Congress.
(3) Exception for beta website with explicit permission.--
Paragraph (1) shall not apply to a website (or portion thereof)
that is in a development or testing phase, if the following
conditions are met:
(A) A member of the public may access PII-related
portions of the website only after executing an
agreement that acknowledges the risks involved.
(B) No agency compelled, enjoined, or otherwise
provided incentives for such a member to access the
website for such purposes.
(4) Construction.--Nothing in this section shall be
construed as applying to a website that is operated entirely by
an entity (such as a State or locality) that is independent of
the Federal Government, regardless of the receipt of funding in
support of such website from the Federal Government.
(b) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given that
term under section 551 of title 5, United States Code.
(2) Fully functional.--The term ``fully functional'' means,
with respect to a new Federal PII website, that the website can
fully support the activities for which it is designed or
intended with regard to the eliciting, collection, storage, or
maintenance of personally identifiable information, including
handling a volume of queries relating to such information
commensurate with the purpose for which the website is
designed.
(3) New federal personally identifiable information website
(new federal pii website).--The terms ``new Federal personally
identifiable information website'' and ``new Federal PII
website'' mean a website that--
(A) is operated by (or under a contract with) an
agency;
(B) elicits, collects, stores, or maintains
personally identifiable information of individuals and
is accessible to the public; and
(C) is first made accessible to the public and
collects or stores personally identifiable information
of individuals, on or after October 1, 2012.
(4) Operational.--The term ``operational'' means, with
respect to a website, that such website elicits, collects,
stores, or maintains personally identifiable information of
members of the public and is accessible to the public.
(5) Personally identifiable information (pii).--The terms
``personally identifiable information'' and ``PII'' mean any
information about an individual elicited, collected, stored, or
maintained by an agency, including--
(A) any information that can be used to distinguish
or trace the identity of an individual, such as a name,
a social security number, a date and place of birth, a
mother's maiden name, or biometric records; and
(B) any other information that is linked or
linkable to an individual, such as medical,
educational, financial, and employment information.
(6) Responsible agency.--The term ``responsible agency''
means, with respect to a new Federal PII website, the agency
that is responsible for the operation (whether directly or
through contracts with other entities) of the website.
(7) Secure.--The term ``secure'' means, with respect to a
new Federal PII website, that the following requirements are
met:
(A) The website is in compliance with subchapter II
of chapter 35 of title 44, United States Code.
(B) The website ensures that personally
identifiable information elicited, collected, stored,
or maintained in connection with the website is
captured at the latest possible step in a user input
sequence.
(C) The responsible agency for the website has
encrypted, masked, or taken other similar actions to
protect personally identifiable information elicited,
collected, stored, or maintained in connection with the
website.
(D) The responsible agency for the website has
taken reasonable efforts to minimize domain name
confusion, including through additional domain
registrations.
(E) The responsible agency requires all personnel
who have access to personally identifiable information
in connection with the website to have completed a
Standard Form 85P and signed a non-disclosure agreement
with respect to personally identifiable information,
and the agency takes proper precautions to ensure that
only the fewest reasonable number of trustworthy
persons may access such information.
(F) The responsible agency maintains (either
directly or through contract) sufficient personnel to
respond in a timely manner to issues relating to the
proper functioning and security of the website, and to
monitor on an ongoing basis existing and emerging
security threats to the website.
(8) State.--The term ``State'' means each State of the
United States, the District of Columbia, each territory or
possession of the United States, and each federally recognized
Indian tribe.
SEC. 3. PRIVACY BREACH REQUIREMENTS.
(a) Information Security Amendment.--Subchapter II of chapter 35 of
title 44, United States Code, is amended by adding at the end the
following:
``Sec. 3559. Privacy breach requirements
``(a) Policies and Procedures.--The Director of the Office of
Management and Budget shall establish and oversee policies and
procedures for agencies to follow in the event of a breach of
information security involving the disclosure of personally
identifiable information, including requirements for--
``(1) not later than 72 hours after the agency discovers
such a breach, or discovers evidence that reasonably indicates
such a breach has occurred, notice to the individuals whose
personally identifiable information could be compromised as a
result of such breach;
``(2) timely reporting to a Federal cybersecurity center,
as designated by the Director of the Office of Management and
Budget; and
``(3) any additional actions that the Director finds
necessary and appropriate, including data breach analysis,
fraud resolution services, identity theft insurance, and credit
protection or monitoring services.
``(b) Required Agency Action.--The head of each agency shall ensure
that actions taken in response to a breach of information security
involving the disclosure of personally identifiable information under
the authority or control of the agency comply with policies and
procedures established by the Director of the Office of Management and
Budget under subsection (a).
``(c) Report.--Not later than March 1 of each year, the Director of
the Office of Management and Budget shall report to Congress on agency
compliance with the policies and procedures established under
subsection (a).
``(d) Federal Cybersecurity Center Defined.--The term `Federal
cybersecurity center' means any of the following:
``(1) The Department of Defense Cyber Crime Center.
``(2) The Intelligence Community Incident Response Center.
``(3) The United States Cyber Command Joint Operations
Center.
``(4) The National Cyber Investigative Joint Task Force.
``(5) Central Security Service Threat Operations Center of
the National Security Agency.
``(6) The United States Computer Emergency Readiness Team.
``(7) Any successor to a center, team, or task force
described in paragraphs (1) through (6).
``(8) Any center that the Director of the Office of
Management and Budget determines is appropriate to carry out
the requirements of this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 35 of title 44, United States Code, is amended
by adding at the end the following:
``3559. Privacy breach requirements.''. | Safe and Secure Federal Websites Act of 2015 This bill establishes security and privacy requirements for new federal websites that collect personally identifiable information (PII) (i.e., information that can be used to distinguish or trace the identity of an individual or that is linked or linkable to an individual). (Sec. 2) A federal agency may not deploy or make available to the public a new federal PII website until the agency's chief information officer (CIO) certifies to Congress that the website is fully functional and secure. The CIO must make such certification within 90 days after enactment of this Act. After such 90-day period, any new federal PII website that has not been certified must be rendered inaccessible until certification is submitted. The prohibition does not apply to a website that is: (1) operated entirely by an entity that is independent of the federal government, or (2) in a development or testing phase (beta website). The exemption for beta websites applies only if: (1) a member of the public may access PII-related portions of the website only after executing an agreement that acknowledges the risks involved; and (2) no agency compelled, enjoined, or otherwise provided incentives for a member of the public to access such website. The bill defines a "new federal PII website" as a website that: (1) is operated by (or under contract with) an agency; (2) elicits, collects, stores, or maintains PII and is accessible to the public; and (3) is first made accessible to the public and collects or stores PII on or after October 1, 2012. The bill also sets forth requirements that must be met to deem a new federal PII website as "secure." (Sec. 3) The Director of the Office of Management and Budget (OMB) must establish and oversee policies and procedures for federal agencies to follow in the event of a breach of information security involving the disclosure of PII, including: (1) notice, not later than 72 hours after discovery of a breach or possible breach, to individuals whose PII could be compromised; and (2) timely reporting to a federal cybersecurity center designated by the OMB and defined in this Act. Agency heads must ensure that agency actions taken in response to a breach of information security involving the disclosure of PII comply with OMB policies and procedures established by this Act. The OMB must report to Congress, not later than March 1 of each year, on agency compliance with such policies and procedures. A "federal cybersecurity center" is defined to include: (1) the Department of Defense Cyber Crime Center, (2) the Intelligence Community Incident Response Center, (3) the U.S. Cyber Command Joint Operations Center, (4) the National Cyber Investigative Task Force, (5) the Central Security Service Threat Operations Center of the National Security Agency, (6) the U.S. Computer Emergency Readiness Team, and (7) any center that the OMB determines is appropriate to carry out privacy breach notice and reporting requirements. | {"src": "billsum_train", "title": "Safe and Secure Federal Websites Act of 2015"} | 1,822 | 650 | 0.714128 | 2.509801 | 0.701917 | 4.332215 | 2.90604 | 0.916107 |
SECTION 1. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES.
Section 304 of the Soldiers' and Sailors' Civil Relief Act of 1940
(50 U.S.C. App. 534) is amended to read as follows:
``SEC. 304. TERMINATION BY LESSEES OF RESIDENTIAL OR MOTOR VEHICLE
LEASES ENTERED INTO BEFORE MILITARY SERVICE OR BEFORE
PERMANENT CHANGE OF STATION OR DEPLOYMENT ORDERS.
``(a) Termination by Lessee.--The lessee on a lease described in
subsection (b) may, at the lessee's option, terminate the lease at any
time after--
``(1) the lessee's entry into military service; or
``(2) the date of the lessee's military orders described in
paragraph (1)(B) or (2)(B) of subsection (b), as the case may
be.
``(b) Covered Leases.--This section applies to the following
leases:
``(1) Leases of premises.--A lease of premises occupied, or
intended to be occupied, by a servicemember or a
servicemember's dependents for a residential, professional,
business, agricultural, or similar purpose if--
``(A) the lease is executed by or on behalf of a
person who thereafter and during the term of the lease
enters military service; or
``(B) the servicemember, while in military service,
executes the lease and thereafter receives military
orders for a permanent change of station or to deploy
with a military unit for a period of not less than 90
days.
``(2) Leases of motor vehicles.--A lease of a motor vehicle
used, or intended to be used, by a servicemember or a
servicemember's dependents for personal or business
transportation if--
``(A) the lease is executed by or on behalf of a
person who thereafter and during the term of the lease
enters military service under a call or order
specifying a period of not less than 180 days (or who
enters military service under a call or order
specifying a period of 180 days or less and who,
without a break in service, receives orders extending
the period of military service to a period of not less
than 180 days); or
``(B) the servicemember, while in military service,
executes the lease and thereafter receives military
orders for a permanent change of station outside of the
continental United States or to deploy with a military
unit for a period of not less than 180 days.
``(c) Manner of Termination.--
``(1) In general.--Termination of a lease under subsection
(a) is made--
``(A) by delivery by the lessee of written notice
of such termination to the lessor (or the lessor's
grantee), or to the lessor's agent (or the agent's
grantee); and
``(B) in the case of a lease of a motor vehicle, by
return of the motor vehicle by the lessee to the lessor
not later than 10 days after the date of the delivery
of notice under subparagraph (A).
``(2) Nature of notice.--Delivery of notice under paragraph
(1)(A) may be accomplished--
``(A) by hand delivery;
``(B) by private business carrier; or
``(C) by placing the written notice in an envelope
with sufficient postage and with return receipt
requested, and addressed as designated by the lessor
(or the lessor's grantee) or to the lessor's agent (or
the agent's grantee), and depositing the written notice
in the United States mails.
``(d) Effective Date of Lease Termination.--
``(1) Lease of premises.--In the case of a lease described
in subsection (b)(1) that provides for monthly payment of rent,
termination of the lease under subsection (a) is effective 30
days after the first date on which the next rental payment is
due and payable after the date on which the notice under
subsection (c) is delivered. In the case of any other lease
described in subsection (b)(1), termination of the lease under
subsection (a) is effective on the last day of the month
following the month in which the notice is delivered.
``(2) Lease of motor vehicles.--In the case of a lease
described in subsection (b)(2), termination of the lease under
subsection (a) is effective on the day on which the
requirements of subsection (c) are met for such termination.
``(e) Arrearages and Other Obligations and Liabilities.--Rents or
lease amounts unpaid for the period preceding the effective date of the
lease termination shall be paid on a prorated basis. In the case of the
lease of a motor vehicle, the lessor may not impose an early
termination charge, but any taxes, summonses, and title and
registration fees and any other obligation and liability of the lessee
in accordance with the terms of the lease, including reasonable charges
to the lessee for excess wear, use and mileage, that are due and unpaid
at the time of termination of the lease shall be paid by the lessee.
``(f) Rent Paid in Advance.--Rents or lease amounts paid in advance
for a period after the effective date of the termination of the lease
shall be refunded to the lessee by the lessor (or the lessor's assignee
or the assignee's agent).
``(g) Relief to Lessor.--Upon application by the lessor to a court
before the termination date provided in the written notice, relief
granted by this section to a servicemember may be modified as justice
and equity require.
``(h) Penalties.--
``(1) Misdemeanor.--Any person who knowingly seizes, holds,
or detains the personal effects, security deposit, or other
property of a servicemember or a servicemember's dependent who
lawfully terminates a lease covered by this section, or who
knowingly interferes with the removal of such property from
premises covered by such lease, for the purpose of subjecting
or attempting to subject any of such property to a claim for
rent accruing subsequent to the date of termination of such
lease, or attempts to do so, shall be fined as provided in
title 18, United States Code, or imprisoned for not more than
one year, or both.
``(2) Preservation of other remedies.--The remedy and
rights provided under this section are in addition to and do
not preclude any remedy for wrongful conversion otherwise
available under law to the person claiming relief under this
section, including any award for consequential or punitive
damages.''. | Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to allow a lessee to terminate a residential or motor vehicle lease which was entered into before military service or before receiving permanent change of station or deployment orders at any time after: (1) entry into military service; or (2) the date of the lessee's station or deployment orders. (Currently, a lessee may terminate only a residential lease and only after entry into military service.) | {"src": "billsum_train", "title": "To amend the Soldiers' and Sailors' Civil Relief Act of 1940 to provide protections to servicemembers who terminate motor vehicle or residential leases entered into before permanent change of station or deployment orders or motor vehicle leases entered into before military service."} | 1,520 | 99 | 0.623277 | 1.586765 | 1.181298 | 4.853933 | 15.089888 | 0.921348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surviving Spouses and Dependents
Outreach Enhancement and Veterans Casework Improvement Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Department of Veterans Affairs by law provides
benefits not only to veterans of service in the Armed Forces
but also to eligible surviving spouses and dependents of
deceased veterans.
(2) There are over 600,000 surviving spouses and dependents
receiving dependency and indemnity compensation (DIC) or death
pensions from the Department of Veterans Affairs.
(3) Presently, the Department of Veterans Affairs does not
target this population with specific outreach efforts, nor does
it provide program outreach coordinators designated at each
regional office of the Department to assist this population and
other survivors who may be eligible for benefits from the
Department.
(4) Approximately 1,600 veterans die daily, many survived
by widows and dependents who may not be fully informed as to
their eligibility for benefits under laws administered by the
Secretary of Veterans Affairs.
(5) There is no formal program for coordination of benefits
for surviving spouses and dependents at any level within the
Department of Veterans Affairs.
(6) Due to insufficient outreach efforts, informational
updates targeted specifically to surviving spouses and
dependents are not provided. Outreach efforts to provide
information concerning changes in service-connection for
disabilities presumed associated with exposure to herbicides
and ionizing radiation and former prisoners of war have been
insufficient to inform survivors of benefits to which they may
now be entitled.
SEC. 3. NATIONAL GOAL TO FULLY INFORM AND ASSIST SURVIVING SPOUSES AND
DEPENDENTS REGARDING ELIGIBILITY FOR BENEFITS AND HEALTH
CARE SERVICES.
(a) National Goal.--Congress hereby declares it to be a national
goal to fully inform surviving spouses and dependents regarding their
eligibility for benefits and health care services under laws
administered by the Secretary of Veterans Affairs.
(b) Cooperative Efforts Encouraged.--Congress hereby encourages all
elements within the Department of Veterans Affairs and private and
public sector entities (including veterans service organizations and
veterans widows organizations) to work cooperatively to fully inform
the surviving spouses and dependents of veterans regarding their
eligibility for benefits and health care services under laws
administered by the Secretary of Veterans Affairs.
SEC. 4. REQUIREMENT FOR OUTREACH EFFORTS AND DEDICATED STAFF AT EACH
REGIONAL OFFICE.
(a) Findings.--Congress and the Department of Veterans Affairs have
historically targeted certain specific populations for outreach efforts
concerning benefits under laws administered by the Secretary of
Veterans Affairs. Groups currently targeted for such outreach efforts
and for which program outreach coordinators have been designated at
each regional office of the Department of Veterans Affairs are the
following:
(1) Former prisoners of war.
(2) Women veterans.
(3) Minority veterans.
(4) Active duty personnel.
(5) Homeless veterans.
(6) Elderly veterans.
(7) Recently separated veterans.
(b) Eligible Dependent Defined.--Paragraph (2) of section 7721(b)
of title 38, United States Code, is amended to read as follows:
``(2) the term `eligible dependent' means a spouse,
surviving spouse (whether or not remarried), child (regardless
of age or marital status), or parent of a person who served in
the active military, naval, or air service.''.
(c) Improved Outreach Program.--(1) Subchapter II of chapter 77 of
title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 7727. Outreach for eligible dependents
``(a) In carrying out this subchapter, the Secretary shall ensure
that the needs of eligible dependents are fully addressed.
``(b)(1) In order to carry out subsection (a), the Secretary shall
assign such employees of the Veterans Benefits Administration as the
Secretary considers appropriate to conduct outreach programs and
provide outreach services for eligible dependents. In areas where the
number of eligible dependents warrant doing so, the Secretary shall
assign at least one employee in the Veterans Benefits Administration
regional office to serve as a full-time coordinator of outreach
programs and services for eligible dependents in that region.
``(2) Responsibilities of employees assigned to outreach functions
under paragraph (1) shall include providing eligible dependents with
(A) information about benefits under laws administered by the
Secretary, (B) assistance in claims preparation and inquiry resolution,
and (C) in the case of a dependent of a deceased veteran for whom
necessary records are incomplete, assistance in obtaining such records
and other necessary information concerning the veteran.
``(c) Whenever an eligible dependent first applies for any benefit
under laws administered by the Secretary, the Secretary shall provide
to the dependent information concerning eligibility for benefits and
health care services under programs administered by the Secretary. For
purposes of this paragraph, a request for burial or related benefits,
including an application for life insurance proceeds, shall be treated
by the Secretary as an initial application for benefits.
``(d)(1) Information provided an eligible dependent under this
section shall include information on how to apply for benefits for
which the dependent may be eligible, including information about
assistance available under subsection (b) and section 7722(d) of this
title.
``(2) In the case of eligible dependents who are members of
distinct beneficiary populations (such as survivors of deceased
veterans), the Secretary shall ensure that information provided under
this section includes specific information about benefits relating to
that population.
``(e) For any geographic area in which there is a significant
population of eligible dependents whose primary language is a language
other than English, the Secretary shall make information provided under
this subsection available to those dependents in the dominant language
in that area (in addition to English).
``(f) Outreach services and assistance shall be provided for
eligible dependents through the same means that are used for other
specially targeted groups.
``(g) The Secretary shall ensure that the availability of outreach
services and assistance for eligible dependents under this subchapter
is made known through a variety of means, including the Internet,
correspondence of the Department, announcements in veterans
publications, announcements to the media, telephone directories, direct
correspondence to congressional offices, military bases public affairs
offices, military retiree affairs offices, and United States embassies.
``(h) The Secretary shall support the Department's periodic
evaluation under section 527 of this title concerning the Department's
efforts to address the needs of eligible dependents.
``(i) The Secretary shall submit to Congress an annual report on
the programs of the Department addressing the information and
assistance needs of eligible dependents. The Secretary shall include in
each such report the following:
``(1) Information about expenditures, costs, and workload
under the program of the Department directed towards the
information and assistance needs of eligible dependents.
``(2) Information about outreach efforts directed toward
eligible dependents.
``(3) Information about emerging needs within the program
that relate to other provisions of law, including section 7725
of this title with respect to language needs of eligible
dependents.
``(4) Information as to the timeline for implementation of
improvements to meet existing and emerging needs of eligible
dependents in addition to those specified in this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7726 the
following new item:
``7727. Outreach for eligible dependents.''. | Surviving Spouses and Dependents Outreach Enhancement and Veterans Casework Improvement Act - Encourages all elements within the Department of Veterans Affairs and public and private sector entities (including veterans service and veterans widows organizations) to work cooperatively to fully inform veterans' surviving spouses and dependents regarding their eligibility for veterans' benefits and health care services.Requires the Secretary of Veterans Affairs to assign appropriate Department employees to conduct outreach programs and provide outreach services for eligible spouses and dependents. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to enhance outreach programs carried out by the Department of Veterans Affairs to provide for more fully informing eligible surviving spouses and dependents of deceased veterans of benefits available to them under laws administered by the Secretary of Veterans Affairs and to improve assistance provided at local levels by providing for staff with specific responsibilities to assist those individuals in obtaining benefits under those laws."} | 1,625 | 106 | 0.680509 | 1.818176 | 1.462202 | 4.941176 | 18.341176 | 0.988235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Visas Act''.
SEC. 2. VISA REFUSAL AND REVOCATION.
(a) Authority of the Secretary of Homeland Security and the
Secretary of State.--Section 428 of the Homeland Security Act (6 U.S.C.
236) is amended by striking subsections (b) and (c) and inserting the
following:
``(b) Authority of the Secretary of Homeland Security.--
``(1) In general.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other
provision of law, and except for the authority of the Secretary
of State under subparagraphs (A) and (G) of section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)),
the Secretary--
``(A) shall have exclusive authority to issue
regulations, establish policy, and administer and
enforce the provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) and all other
immigration or nationality laws relating to the
functions of consular officers of the United States in
connection with the granting and refusal of a visa; and
``(B) may refuse or revoke any visa to any alien or
class of aliens if the Secretary, or designee,
determines that such refusal or revocation is necessary
or advisable in the security interests of the United
States.
``(2) Effect of revocation.--The revocation of any visa
under paragraph (1)(B)--
``(A) shall take effect immediately; and
``(B) shall automatically cancel any other valid
visa that is in the alien's possession.
``(3) Judicial review.--Notwithstanding any other provision
of law, including section 2241 of title 28, United States Code,
any other habeas corpus provision, and sections 1361 and 1651
of such title, no United States court has jurisdiction to
review a decision by the Secretary of Homeland Security to
refuse or revoke a visa.
``(c) Authority of the Secretary of State.--
``(1) In general.--The Secretary of State may direct a
consular officer to refuse a visa requested by, or revoke a
visa issued to, an alien if the Secretary of State determines
such refusal or revocation to be necessary or advisable in the
foreign policy interests of the United States.
``(2) Limitation.--No decision by the Secretary of State to
approve a visa may override a decision by the Secretary of
Homeland Security under subsection (b).''.
(b) Issuance of Visas at Designated Consular Posts and Embassies.--
(1) In general.--Section 428(i) of the Homeland Security
Act (6 U.S.C. 236(i)) is amended to read as follows:
``(i) Visa Issuance at Designated Consular Posts and Embassies.--
Notwithstanding any other provision of law, the Secretary of Homeland
Security--
``(1) shall conduct an on-site review of all visa
applications and supporting documentation before adjudication
at all visa-issuing posts in Algeria; Canada; Colombia; Egypt;
Germany; Hong Kong; India; Indonesia; Iraq; Jerusalem, Israel;
Jordan; Kuala Lumpur, Malaysia; Kuwait; Lebanon; Mexico;
Morocco; Nigeria; Pakistan; the Philippines; Saudi Arabia;
South Africa; Syria; Tel Aviv, Israel; Turkey; United Arab
Emirates; the United Kingdom; Venezuela; and Yemen; and
``(2) is authorized to assign employees of the Department
to each diplomatic and consular post at which visas are issued
unless, in the Secretary's sole and unreviewable discretion,
the Secretary determines that such an assignment at a
particular post would not promote national or homeland
security.''.
(2) Expedited clearance and placement of department of
homeland security personnel at overseas embassies and consular
posts.--The Secretary of State shall accommodate and ensure--
(A) not later than 180 days after the date of the
enactment of this Act, that Department of Homeland
Security personnel assigned by the Secretary of
Homeland Security under section 428(i)(1) of the
Homeland Security Act have been stationed at post; and
(B) not later than 180 days after the date on which
the Secretary of Homeland Security designates an
additional consular post or embassy for personnel under
section 428(i)(2) of the Homeland Security Act that the
Department of Homeland Security personnel assigned to
such post or embassy have been stationed at post.
(3) Appropriations.--There is authorized to be appropriated
$60,000,000 for each of the fiscal years 2010 and 2011, which
shall be used to expedite the implementation of section 428(i)
of the Homeland Security Act, as amended by this subsection.
(c) Visa Revocation.--
(1) Information.--Section 428 of the Homeland Security Act
(6 U.S.C. 236) is amended by adding at the end the following:
``(j) Visa Revocation Information.--If the Secretary of Homeland
Security or the Secretary of State revokes a visa--
``(1) the relevant consular, law enforcement, and terrorist
screening databases shall be immediately updated on the date of
the revocation; and
``(2) look-out notices shall be posted to all Department of
Homeland Security port inspectors and Department of State
consular officers.''.
(2) Effect of visa revocation.--Section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended
by striking ``, except in the context of a removal proceeding
if such revocation provides the sole ground for removal under
section 237(a)(1)(B).'' and inserting ``. A revocation under
this subsection shall take effect immediately and shall
automatically cancel any other valid visa that is in the
alien's possession.''. | Secure Visas Act - Amends the Homeland Security Act to grant the Secretary of Homeland Security (DHS) (Secretary), except for the Secretary of State's authority with respect to diplomatic- and international organization-related visas, exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (INA) and all other immigration or nationality laws relating to U.S. consular officer visa functions.
Authorizes the Secretary to refuse or revoke any visa to an alien or class of aliens if necessary or advisable for U.S. security interests. Prohibits judicial review of such determinations. Provides that any such visa revocation shall become effective immediately and cancel any other visa in an alien's possession.
Authorizes the Secretary of State to direct a consular officer to refuse or revoke a visa if necessary or advisable for U.S. foreign policy interests.
Prohibits a decision by the Secretary of State to approve a visa from overriding a revocation or refusal determination by the Secretary.
Directs the Secretary to review on-site all visa applications and supporting documentation before adjudication at visa-issuing posts in Algeria, Canada, Colombia, Egypt, Germany, Hong Kong, India, Indonesia, Iraq, Jerusalem and Tel Aviv in Israel, Jordan, Kuala Lumpur in Malaysia, Kuwait, Lebanon, Mexico, Morocco, Nigeria, Pakistan, the Philippines, Saudi Arabia, South Africa, Syria, Turkey, United Arab Emirates, the United Kingdom, Venezuela, and Yemen. Authorizes the Secretary to assign DHS employees to such posts.
States that if the Secretary or the Secretary of State revokes a visa: (1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated; and (2) look-out notices shall be posted to all DHS port inspectors and Department of State consular officers.
Amends INA to eliminate the exception permitting judicial review of a visa revocation where such revocation is the sole ground for a deportation process based upon an alien's unlawful presence in the United States. | {"src": "billsum_train", "title": "To authorize the Secretary of Homeland Security and the Secretary of State to refuse or revoke visas to aliens if in the security or foreign policy interests of the United States, to require the Secretary of Homeland Security to review visa applications before adjudication, and to provide for the immediate dissemination of visa revocation information."} | 1,355 | 469 | 0.621897 | 2.095943 | 0.852869 | 3.218182 | 3.005195 | 0.901299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Prairie Conservation Act''.
SEC. 2. CROP PRODUCTION ON NATIVE SOD.
(a) Federal Crop Insurance.--Section 508(o) of the Federal Crop
Insurance Act (7 U.S.C. 1508(o)) is amended--
(1) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) In general.--
``(i) Agricultural act of 2014.--Native sod
acreage that has been tilled for the production
of an insurable crop during the period
beginning on February 8, 2014, and ending on
the date of enactment of the American Prairie
Conservation Act shall be subject to 4
cumulative years of a reduction in benefits
under this subtitle as described in this
paragraph.
``(ii) American prairie conservation act.--
``(I) Non-hay and non-forage
crops.--As determined by the Secretary,
native sod acreage that has been tilled
for the production of an insurable crop
other than a hay or forage crop after
the date of enactment of the American
Prairie Conservation Act shall be
subject to 4 cumulative years of a
reduction in benefits under this
subtitle as described in this
paragraph.
``(II) Hay and forage crops.--
During each crop year of planting, as
determined by the Secretary, native sod
acreage that has been tilled for the
production of an insurable hay or
forage crop after the date of enactment
of the American Prairie Conservation
Act shall be subject to 4 cumulative
years of a reduction in benefits under
this subtitle as described in this
paragraph.''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Native sod conversion certification.--
``(A) Certification.--As a condition on the receipt
of benefits under this subtitle, a producer that has
tilled native sod acreage for the production of an
insurable crop as described in paragraph (2)(A) shall
certify to the Secretary that acreage using--
``(i) an acreage report form of the Farm
Service Agency (FSA-578 or any successor form);
and
``(ii) one or more maps.
``(B) Corrections.--Beginning on the date on which
a producer submits a certification under subparagraph
(A), as soon as practicable after the producer
discovers a change in tilled native sod acreage
described in that subparagraph, the producer shall
submit to the Secretary any appropriate corrections to
a form or map described in clause (i) or (ii) of that
subparagraph.
``(C) Annual reports.--Not later than January 1,
2019, and each January 1 thereafter through January 1,
2023, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that describes the tilled native
sod acreage that has been certified under subparagraph
(A) in each county and State as of the date of
submission of the report.''.
(b) Noninsured Crop Disaster Assistance.--Section 196(a)(4) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333(a)(4)) is amended--
(1) in subparagraph (B), by striking clause (i) and
inserting the following:
``(i) In general.--
``(I) Agricultural act of 2014.--As
determined by the Secretary, native sod
acreage that has been tilled for the
production of a covered crop during the
period beginning on February 8, 2014,
and ending on the date of enactment of
the American Prairie Conservation Act
shall be subject to 4 cumulative years
of a reduction in benefits under this
section as described in this
subparagraph.
``(II) American prairie
conservation act.--
``(aa) Non-hay and non-
forage crops.--During the first
4 crop years of planting, as
determined by the Secretary,
native sod acreage that has
been tilled for the production
of a covered crop other than a
hay or forage crop after the
date of enactment of the
American Prairie Conservation
Act shall be subject to 4
cumulative years of a reduction
in benefits under this section
as described in this
subparagraph.
``(bb) Hay and forage
crops.--During each crop year
of planting, as determined by
the Secretary, native sod
acreage that has been tilled
for the production of a hay or
forage crop after the date of
enactment of the American
Prairie Conservation Act shall
be subject to 4 cumulative
years of a reduction in
benefits under this section as
described in this
subparagraph.''; and
(2) by striking subparagraph (C) and inserting the
following:
``(C) Native sod conversion certification.--
``(i) Certification.--As a condition on the
receipt of benefits under this section, a
producer that has tilled native sod acreage for
the production of an insurable crop as
described in subparagraph (B)(i) shall certify
to the Secretary that acreage using--
``(I) an acreage report form of the
Farm Service Agency (FSA-578 or any
successor form); and
``(II) one or more maps.
``(ii) Corrections.--Beginning on the date
on which a producer submits a certification
under clause (i), as soon as practicable after
the producer discovers a change in tilled
native sod acreage described in that clause,
the producer shall submit to the Secretary any
appropriate corrections to a form or map
described in subclause (I) or (II) of that
clause.
``(iii) Annual reports.--Not later than
January 1, 2019, and each January 1 thereafter
through January 1, 2023, the Secretary shall
submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate a report that describes the tilled
native sod acreage that has been certified
under clause (i) in each county and State as of
the date of submission of the report.''.
(c) Cropland Report Annual Updates.--Section 11014(c)(2) of the
Agricultural Act of 2014 (Public Law 113-79; 128 Stat. 963) is amended
in the matter preceding subparagraph (A) by striking ``2018'' and
inserting ``2023''. | American Prairie Conservation Act This bill amends the Federal Crop Insurance Act and the Federal Agriculture Improvement and Reform Act of 1996 to modify provisions, known as sodsaver provisions, that reduce benefits under the Department of Agriculture (USDA) crop insurance and noninsured crop disaster assistance programs for farmers who plant crops on native sod. The bill also amends the Agriculture Act of 2014 to extend the requirement for USDA to submit annual reports to Congress regarding cropland acreage. | {"src": "billsum_train", "title": "American Prairie Conservation Act"} | 1,502 | 101 | 0.585053 | 1.284057 | 0.676067 | 1.895349 | 15.22093 | 0.686047 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep the Government Open Act of
1996''.
SEC. 2. FINDINGS.
Congress finds that:
(1) According to the General Accounting Office, between
fiscal year 1962 and fiscal year 1981 there were 32 times when
there was a lapse in appropriations for part of the Federal
Government because there had not been enacted either an
appropriations law or a continuing resolution. During these
lapses in appropriations Federal employees continued to work,
and the Federal Government continued to obligate funds.
Congress then ratified the obligations incurred during the
lapse in appropriations.
(2) In January 1981, Attorney General Civiletti expressed
the opinion that the Anti-Deficiency Act prohibits the
operation of the Federal Government during a period of lapsed
appropriations except for those emergency situations involving
the safety of human life or the protection of property.
(3) In 1990, Congress amended the Anti-Deficiency Act to
limit the definition of emergencies so as to exclude ``ongoing,
regular functions of government the suspension of which would
not imminently threaten the safety of human life or the
protection of property.''.
(4) Between 1982 and 1994 the longest lapse in
appropriations was 3 days.
(5) Between December 16, 1995, and January 5, 1996, there
was a lapse in appropriations for part of the Federal
Government because of a disagreement between the President and
the Congress. During this 3-week period, 476,000 Federal
employees came to work but were not paid, and 285,000 Federal
employees were ordered not to come to work. On January 5,
Congress passed a continuing resolution which paid these
761,000 employees for the period December 16 through January 5,
and the President signed this resolution.
(6) Paying these 285,000 Federal employees for not working
for 3 weeks wasted about $1,000,000,000 of the taxpayers'
money.
(7) Not paying Federal employees during a lapse in
appropriations imposes serious financial hardships on many of
these employees.
(8) Not paying Federal employees during a lapse in
appropriations imposes serious hardships on private firms that
normally sell to Federal employees.
(9) Prohibiting the obligation of Federal funds during a
lapse of appropriations imposes serious hardships on State and
local governments and private firms that normally receive
Federal funds.
(10) Prohibiting Federal employees from working imposes
serious hardships on citizens who need the services provided by
these employees.
SEC. 3. AMENDMENT OF THE ANTI-DEFICIENCY ACT.
(a) Authority To Enter Into Contracts or Obligations.--Section
1341(a)(1)(B) of title 31, United States Code, is amended by adding
before the period at the end the following: ``or unless the President
determines that an appropriation is likely to be made for that purpose
before the end of the fiscal year in an amount exceeding the contract
or obligation''.
(b) Work and Payment of Employees.--(1) Section 1342 of title 31,
United States Code, is amended by adding at the end the following new
sentence: ``However, an officer or employee of the United States
Government may continue to supply personal services before an
appropriation or continuing resolution is enacted and shall be paid for
such services even if no appropriation is enacted if the President
determines that an appropriation is likely to be made for that purpose
before the end of the fiscal year in an amount exceeding the cost to
the Government of such services.''.
(2)(A) For any day during a fiscal year on which funds are not
available to pay the salary of any official or employee of the United
States for which funds were available on the last day of the fiscal
year preceding such fiscal year, there are appropriated such sums as
may be necessary to maintain such salary at the level of such salary on
the last day of the fiscal year preceding the fiscal year during which
funds are not available for such purpose.
(B) Funds appropriated by this paragraph shall not be available for
any day during a fiscal year which occurs after the date of the
enactment during such fiscal year of an Act or joint resolution which
includes appropriations generally for the department or agency which
has the responsibility for paying such salary and which makes no
appropriation for such salary.
(C) Appropriations and funds made available under this paragraph
shall cover all objections or expenditures incurred to pay the salary
of any official or employee of the United States during the period for
which funds for such salary are made available under this paragraph.
(D) Any expenditure made under the appropriation contained in this
paragraph shall be charged to the appropriation, fund, or authorization
which includes funds for such expenditure whenever a bill or joint
resolution in which such appropriation, fund, or authorization is
provided for is enacted into law.
(E) For purposes of this paragraph, the term ``salary'' includes
any benefits paid to or for an official or employee of the United
States because of such employment of the official or employee
(including medical and dental benefits, life and health insurance
premiums, and pension contributions) and any pay and allowances of
members of the Armed Forces. | Keep the Government Open Act of 1996 - Amends Federal law to allow an officer or employee of the United States or of the District of Columbia to make a contract or obligation before an appropriation is made if the President determines that an appropriation is likely for that purpose before the end of the fiscal year in an amount exceeding the contract or obligation.
Allows a U.S. officer or employee to continue to supply personal services before an appropriation or continuing resolution is enacted if the President determines that an appropriation is likely for that purpose before the end of the fiscal year in an amount exceeding the cost to the government. Requires payment for those services even if no appropriation is enacted if the President so determines. Appropriates funds to pay salaries for each day on which funds are not available (unless an appropriations measure is enacted for the applicable department or agency and the measure makes no appropriation for that salary). | {"src": "billsum_train", "title": "Keep the Government Open Act of 1996"} | 1,123 | 212 | 0.415538 | 1.234168 | 0.684055 | 5.145349 | 6.133721 | 0.912791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Library of Congress Sound Recording
and Film Preservation Programs Reauthorization Act of 2008''.
SEC. 2. SOUND RECORDING PRESERVATION PROGRAMS.
(a) National Recording Preservation Board.--
(1) Reauthorization.--
(A) In general.--Section 133 of the National Recording
Preservation Act of 2000 (2 U.S.C. 1743) is amended by striking
``for each of the first 7 fiscal years beginning on or after
the date of the enactment of this Act'' and inserting ``for the
first fiscal year beginning on or after the date of the
enactment of this Act and each succeeding fiscal year through
fiscal year 2016''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect as if included in the enactment of the
National Recording Preservation Act of 2000.
(2) Criteria for removal of members.--Section 122(d)(2) of such
Act (2 U.S.C. 1722(d)(2)) is amended to read as follows:
``(2) Removal of members.--The Librarian shall have the
authority to remove any member of the Board if the member fails,
after receiving proper notification, to attend (or send a
designated alternate to attend) a regularly scheduled Board
meeting, or if the member is determined by the Librarian to have
substantially failed to fulfill the member's responsibilities as a
member of the Board.''.
(b) National Recording Preservation Foundation.--
(1) Reauthorization.--
(A) In general.--Section 152411(a) of title 36, United
States Code, is amended by striking ``for each of the first 7
fiscal years beginning on or after the date of the enactment of
this chapter'' and inserting ``for the first fiscal year
beginning on or after the date of the enactment of this chapter
and each succeeding fiscal year through fiscal year 2016''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect as if included in the enactment of the
National Recording Preservation Act of 2000.
(2) Permitting board members to serve more than 2 terms.--
Section 152403(b)(4) of such title is amended by striking the
second sentence.
(3) Permitting board to determine location of principal
office.--
(A) In general.--Section 152406 of such title is amended by
striking ``District of Columbia.'' and inserting ``District of
Columbia or another place as determined by the Board of
Directors.''.
(B) Conforming amendment.--Section 152405(b) of such title
is amended by striking ``District of Columbia,'' and inserting
``jurisdiction in which the principal office of the corporation
is located,''.
(4) Clarification of limitation on use of funds for
administrative expenses.--Section 152411(b) of such title is
amended to read as follows:
``(b) Limitation Related to Administrative Expenses.--Amounts
authorized under this section may not be used by the corporation for
management and general or fundraising expenses as reported to the
Internal Revenue Service as part of an annual information return
required under the Internal Revenue Code of 1986.''.
SEC. 3. FILM PRESERVATION PROGRAMS.
(a) National Film Preservation Board.--
(1) Reauthorization.--
(A) In general.--Section 112 of the National Film
Preservation Act of 1996 (2 U.S.C. 179v) is amended by
inserting after ``the Librarian'' the following: ``for the
first fiscal year beginning on or after the date of the
enactment of this Act and each succeeding fiscal year through
fiscal year 2016''.
(B) Conforming amendment.--Section 113 of such Act (2
U.S.C. 179w) is amended by striking the first sentence.
(C) Effective date.--The amendments made by this paragraph
shall take effect as if included in the enactment of the
National Film Preservation Act of 1996.
(2) Expanding authorized uses of seal.--Section 103(b) of such
Act (2 U.S.C. 179m(b)) is amended by adding at the end the
following: ``The Librarian may authorize the use of the seal by the
Library or by others for other limited purposes in order to promote
in the National Film Registry when exhibiting, showing, or
otherwise disseminating films in the Registry.''.
(3) Updating names of organizations represented on board.--
Section 104(a)(1) of such Act (2 U.S.C. 179n(a)(1)) is amended--
(A) in subparagraph (E), by striking ``Cinema'' and
inserting ``Cinema and Media'';
(B) in subparagraph (G), by striking ``Department of Film
and Television'' and inserting ``Department of Film,
Television, and Digital Media'';
(C) in subparagraph (H), by striking ``Film and
Television'' and inserting ``Cinema Studies''; and
(D) by amending subparagraph (L) to read as follows:
``(L) Screen Actors Guild.''.
(b) National Film Preservation Foundation.--
(1) Reauthorization.--Section 151711(a) of title 36, United
States Code, is amended to read as follows: by inserting after the
first sentence the following:
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to
the Library of Congress amounts necessary to carry out this
chapter, not to exceed--
``(A) $530,000 for each of the fiscal years 2005 through
2009;
``(B) $750,000 for each of the fiscal years 2010 through
2011; and
``(C) $1,000,000 for each of the fiscal years 2012 through
2016.
``(2) Matching.--The amounts authorized to be appropriated
under this subsection are to be made available to the corporation
to match any private contributions (whether in currency, services,
or property) made to the corporation by private persons and State
and local governments.''.
(2) Repatriation of films from foreign archives as purpose of
foundation.--Section 151702(1) of such title is amended by striking
``United States;'' and inserting ``United States and the
repatriation of American films from foreign archives;''.
(3) Extension of deadline for filling vacancies in membership
of board of directors.--Section 151703(b)(5) of such title is
amended by striking ``60 days'' and inserting ``120 days''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2008 - Amends the National Recording Preservation Act of 2000 to authorize appropriations through FY2016 for: (1) Library of Congress activities for the maintenance and preservation of sound recordings that are culturally, historically, or aesthetically significant; and (2) the National Recording Preservation Foundation to accept and administer private gifts to promote and ensure the preservation and public accessibility of the nation's sound recording heritage held at the Library of Congress and other public and nonprofit archives.
Revises the standards for removal by the Librarian of Congress of a member of the Library's National Recording Preservation Board.
Allows board members of the National Recording Preservation Foundation to serve more than two consecutive terms.
Amends the National Film Preservation Act of 1996 to authorize appropriations through FY2016 for the Library's National Film Preservation Board. Updates the names of organizations that represent the Board.
Authorizes appropriations to the Library through FY2016 for the National Film Preservation Foundation. Adds to the purposes of the Foundation the encouragement, acceptance, and administration of private gifts to ensure the repatriation of American films from foreign archives. | {"src": "billsum_train", "title": "To reauthorize the sound recording and film preservation programs of the Library of Congress, and for other purposes."} | 1,576 | 247 | 0.594591 | 1.513815 | 0.816313 | 2.088372 | 6.051163 | 0.75814 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Virginia Ridge and Valley Act of
2005''.
SEC. 2. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LANDS AS
WILDERNESS IN VIRGINIA.
Section 1 of the Act entitled ``An Act to designate certain
National Forest System lands in the States of Virginia and West
Virginia as wilderness areas'', approved June 7, 1988 (Public Law 100-
326; 16 U.S.C. 1132 note), as amended by Public Law 106-471 (114 Stat.
2057), is further amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(9) certain lands in the Jefferson National Forest, which
comprise approximately 3,769 acres, as generally depicted on a
map entitled `Brush Mountain and Brush Mountain East', dated
March 23, 2005, and which shall be known as the Brush Mountain
East Wilderness;
``(10) certain lands in the Jefferson National Forest,
which comprise approximately 4,794 acres, as generally depicted
on a map entitled `Brush Mountain and Brush Mountain East',
dated March 23, 2005, and which shall be known as the Brush
Mountain Wilderness;
``(11) certain lands in the Jefferson National Forest,
which comprise approximately 4,223 acres, as generally depicted
on a map entitled `Seng Mountain and Raccoon Branch', dated
March 23, 2005, and which shall be known as the Raccoon Branch
Wilderness;
``(12) certain lands in the Jefferson National Forest,
which comprise approximately 3,270 acres, as generally depicted
on a map entitled `Stone Mountain', dated March 23, 2005, and
which shall be known as the Stone Mountain Wilderness;
``(13) certain lands in the Jefferson National Forest,
which comprise approximately 8,470 acres, as generally depicted
on a map entitled `Hunting Camp Creek and Garden Mountain',
dated March 23, 2005, and which shall be known as the Hunting
Camp Creek Wilderness;
``(14) certain lands in the Jefferson National Forest,
which comprise approximately 3,291 acres, as generally depicted
on a map entitled `Hunting Camp Creek and Garden Mountain',
dated March 23, 2005, and which shall be known as the Garden
Mountain Wilderness;
``(15) certain lands in the Jefferson National Forest,
which comprise approximately 3,226 acres, as generally depicted
on a map entitled `Lynn Camp Creek', dated March 23, 2005, and
which shall be known as the Lynn Camp Creek Wilderness;
``(16) certain lands in the Jefferson National Forest,
which comprise approximately 5,476 acres, as generally depicted
on a map entitled `Mountain Lake Additions', dated March 23,
2005, and which are hereby incorporated in the Mountain Lake
Wilderness;
``(17) certain lands in the Jefferson National Forest,
which comprise approximately 308 acres, as generally depicted
on a map entitled `Lewis Fork Addition and Little Wilson Creek
Additions', dated March 23, 2005, and which are hereby
incorporated in the Lewis Fork Wilderness;
``(18) certain lands in the Jefferson National Forest,
which comprise approximately 1,845 acres, as generally depicted
on a map entitled `Lewis Fork Addition and Little Wilson Creek
Additions', dated March 23, 2005, and which are hereby
incorporated in the Little Wilson Creek Wilderness;
``(19) certain lands in the Jefferson National Forest,
which comprise approximately 2,456 acres, as generally depicted
on a map entitled `Shawvers Run Additions', dated March 23,
2005, and which are hereby incorporated in the Shawvers Run
Wilderness;
``(20) certain lands in the Jefferson National Forest,
which comprise approximately 1,203 acres, as generally depicted
on a map entitled `Peters Mountain Addition', dated March 23,
2005, and which are hereby incorporated in the Peters Mountain
Wilderness; and
``(21) certain lands in the Jefferson National Forest,
which comprise approximately 612 acres, as generally depicted
on a map entitled `Kimberling Creek Additions', dated March 23,
2005, and which are hereby incorporated in the Kimberling Creek
Wilderness;''.
SEC. 3. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, JEFFERSON NATIONAL
FOREST, VIRGINIA.
(a) Establishment of Scenic Areas.--
(1) Establishment.--The following National Forest System
lands in the State of Virginia are hereby designated as
National Scenic Areas (in this section referred to as the
``scenic areas''):
(A) Certain lands in the Jefferson National Forest,
which comprise approximately 6,455 acres, as generally
depicted on a map entitled ``Seng Mountain and Raccoon
Branch'', dated March 23, 2005, and which shall be
known as the Seng Mountain National Scenic Area.
(B) Certain lands in the Jefferson National Forest,
which comprise approximately 5,503 acres, as generally
depicted on a map entitled ``Bear Creek'' dated March
23, 2005, and which shall be known as the Bear Creek
National Scenic Area.
(2) Maps and descriptions.--As soon as practicable after
the date of the enactment of this Act, the Secretary of
Agriculture shall file a map and boundary description of the
scenic areas with the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Agriculture and the
Committee on Resources of the House of Representatives. The map
and 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.
The map and boundary description shall be on file and available
for public inspection in the Office of the Chief of the Forest
Service, Department of Agriculture. In the case of any
discrepancy between the acreage specified in paragraph (1) and
the map filed under this paragraph, the map shall control.
(b) Purposes of Scenic Areas.--The scenic areas are established for
the purposes of--
(1) ensuring the protection and preservation of scenic
quality, water quality, natural characteristics, and water
resources;
(2) protecting wildlife and fish habitat, consistent with
paragraph (1);
(3) protecting areas that may develop characteristics of
old-growth forests; and
(4) providing a variety of recreation opportunities,
consistent with the preceding paragraphs.
(c) Administration.--
(1) In general.--The Secretary of Agriculture shall
administer the scenic areas in accordance with this section and
the laws and regulations generally applicable to the National
Forest System. In the event of conflict between this section
and other laws and regulations, this section shall take
precedence.
(2) Consistent use.--The Secretary shall only allow such
uses of the scenic areas as the Secretary finds will further
the purposes for which the scenic areas are established.
(d) Management Plan.--Within two years after the date of the
enactment of this Act, the Secretary of Agriculture shall develop a
management plan for the scenic areas consistent with this section. The
management plan shall be developed as an amendment to the land and
resource management plan for the Jefferson National Forest, except that
nothing in this section requires the Secretary to revise the land and
resource management plan for the Jefferson National Forest pursuant to
section 6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604).
(e) Roads.--After the date of the enactment of this Act, no roads
shall be established or constructed within the scenic areas, except
that this prohibition shall not be construed to deny access to private
lands or interests therein in the scenic areas.
(f) Vegetation Management.--No timber harvest shall be allowed
within the scenic areas, except as the Secretary of Agriculture finds
necessary in the control of fire, insects, and diseases and to provide
for public safety and trail access. Notwithstanding the preceding
sentence, the Secretary may engage in vegetation manipulation practices
for maintenance of existing wildlife clearings and visual quality.
Firewood may be harvested for personal use along perimeter roads under
such conditions as the Secretary may impose.
(g) Motorized Travel.--Motorized travel shall not be permitted
within the scenic areas, except that the Secretary of Agriculture may
authorize motorized travel within the scenic areas--
(1) as necessary for administrative use in furtherance of
the purposes of this section;
(2) in support of wildlife management projects in existence
as of the date of the enactment of this Act; and
(3) on Forest Development Road 9410 and 84b during deer and
bear hunting seasons.
(h) Fire.--Wildfires in the scenic area shall be suppressed in a
manner consistent with the purposes of this section, using such means
as the Secretary of Agriculture considers appropriate.
(i) Insects and Disease.--Insect and disease outbreaks may be
controlled in the scenic areas to maintain scenic quality, prevent tree
mortality, reduce hazards to visitors, or protect private lands.
(j) Water.--The Secretary of Agriculture shall administer the
scenic areas so as to maintain and enhance water quality.
(k) Mining Withdrawal.--Subject to valid existing rights, all
federally owned lands in the scenic areas are withdrawn from location,
entry, and patent under the mining laws of the United States and from
leasing claims under the mineral and geothermal leasing laws of the
United States, including amendments to such laws.
SEC. 4. TRAIL PLAN AND DEVELOPMENT.
(a) Trail Plan.--The Secretary of Agriculture shall establish, in
consultation with interested parties, a trail plan for National Forest
System lands described in this paragraph in order to develop the
following:
(1) Hiking and equestrian trails within the wilderness
areas designated by the amendments made by section 2, in a
manner consistent with the Wilderness Act (16 U.S.C. 1131 et
seq.).
(2) Nonmotorized recreation trails within the scenic areas
designated by section 3.
(b) Implementation Report.--Within two years after the date of the
enactment of this Act, the Secretary of Agriculture shall submit to
Congress a report on the implementation of the trail plan, including
the identification of priority trails for development.
(c) Trail Authorization.--The Secretary of Agriculture is
authorized to develop trails to provide a continuous connection for
nonmotorized travel between County Route 650 and Forest Development
Road 4018 along the old Rye Valley Railroad Grade in Smyth County,
Virginia, as recorded on the map entitled ``Seng Mountain and Raccoon
Branch'' and dated March 23, 2005. | Virginia Ridge and Valley Act of 2005 - Designates certain lands in the Jefferson National Forest, Virginia (Brush Mountain and Brush Mountain East, Seng Mountain and Raccoon Branch, Stone Mountain, Hunting Camp Creek and Garden Mountain, Lynn Camp Creek, Mountain Lake Additions, Lewis Fork Addition and Little Wilson Creek Additions, Shawvers Run Additions, Peters Mountain Addition, and Kimberling Creek Additions) as wilderness.
Designates Seng Mountain and Raccoon Branch, and Bear Creek, as National Scenic Areas (Areas). Establishes such Areas for purposes of: (1) ensuring the protection and preservation of scenic quality, water quality, natural characteristics, and water resources; (2) protecting wildlife and fish habitat; (3) protecting areas that may develop characteristics of old-growth forests; and (4) providing a variety of recreation opportunities.
Directs the Secretary of Agriculture to: (1) administer such Areas in accordance with this Act and the laws and regulations generally applicable to the National Forest System (NFS); (2) develop a management plan for such Areas; and (3) establish a trail for NFS lands to develop hiking and equestrian trails within the wilderness areas and non-motorized recreation trails within the Areas. Sets forth provisions regarding roads, vegetation management, motorized travel, fire, insects and disease, water, and mining and geothermal leasing. | {"src": "billsum_train", "title": "A bill to designate additional National Forest System lands in the State of Virginia as wilderness, to establish the Seng Mountain and Bear Creek Scenic Areas, to provide for the development of trail plans for the wilderness areas and scenic areas, and for other purposes."} | 2,438 | 300 | 0.602372 | 1.919808 | 0.794073 | 4.478927 | 8.310345 | 0.954023 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Superfund Polluter Pays Restoration
Act of 2014''.
SEC. 2. EXTENSION AND MODIFICATION OF SUPERFUND EXCISE TAXES.
(a) Extension.--Subsection (e) of section 4611 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(e) Application of Hazardous Substance Superfund Financing
Rate.--The Hazardous Substance Superfund financing rate under this
section shall apply after December 31, 1986, and before January 1,
1996, and after the date that is 60 days after the date of the
enactment of the Superfund Polluter Pays Restoration Act of 2014.''.
(b) Modification of Hazardous Substance Superfund Financing Rate.--
(1) In general.--Section 4611(c)(2)(A) of such Code is
amended by striking ``9.7 cents'' and inserting ``15.8 cents''.
(2) Inflation adjustment.--Section 4611(c) of such Code is
amended by adding at the end the following new paragraph:
``(3) Adjustment for inflation.--
``(A) In general.--In the case of any taxable year
beginning after December 31, 2014, the amount under
paragraph (2)(A) shall be increased by an amount equal
to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which such taxable year begins
by substituting `calendar year 2013' for
`calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any increase determined under
this paragraph is not a multiple of 0.1 cents, such
increase shall be rounded to the next lowest multiple
of 0.1 cents.''.
(c) Modification of Rate of Tax on Certain Chemicals.--Section
4661(b) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(b) Amount of Tax.--
``(1) In general.--The amount of tax imposed by subsection
(a) shall be determined in accordance with the following table:
------------------------------------------------------------------------
The tax is the following
``In the case of: amount per ton:
------------------------------------------------------------------------
Acetylene.................................... $11.00
Benzene...................................... 11.00
Butane....................................... 11.00
Butylene..................................... 11.00
Butadiene.................................... 11.00
Ethylene..................................... 11.00
Methane...................................... 7.77
Napthalene................................... 11.00
Propylene.................................... 11.00
Toluene...................................... 11.00
Xylene....................................... 11.00
Ammonia...................................... 5.96
Antimony..................................... 10.05
Antimony trioxide............................ 8.47
Arsenic...................................... 10.05
Arsenic trioxide............................. 7.70
Barium sulfide............................... 5.19
Bromine...................................... 10.05
Cadmium...................................... 10.05
Chlorine..................................... 6.10
Chromium..................................... 10.05
Chromite..................................... 3.43
Potassium dichromate......................... 3.82
Sodium dichromate............................ 4.22
Cobalt....................................... 10.05
Cupric sulfate............................... 4.22
Cupric oxide................................. 8.11
Cuprous oxide................................ 8.96
Hydrochloric acid............................ 0.65
Hydrogen fluoride............................ 9.55
Lead oxide................................... 9.35
Mercury...................................... 10.05
Nickel....................................... 10.05
Phosphorus................................... 10.05
Stannous chloride............................ 6.43
Stannic chloride............................. 4.79
Zinc chloride................................ 5.01
Zinc sulfate................................. 4.29
Potassium hydroxide.......................... 0.50
Sodium hydroxide............................. 0.63
Sulfuric acid................................ 0.59
Nitric acid.................................. 0.54.
------------------------------------------------------------------------
``(2) Adjustment for inflation.--
``(A) In general.--In the case of any taxable year
beginning after December 31, 2014, each of the dollar
amounts in the table in paragraph (1) shall be
increased by an amount equal to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which such taxable year begins
by substituting `calendar year 2013' for
`calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any increase determined under
this paragraph is not a multiple of $0.01, such
increase shall be rounded to the next lowest multiple
of $0.01.''.
(d) Effective Date.--The amendments made by this section shall
apply to oil and petroleum products received or entered during calendar
quarters beginning more than 60 days after the date of the enactment of
this Act.
SEC. 3. CLARIFICATION OF DEFINITION OF CRUDE OIL FOR EXCISE TAX
PURPOSES.
(a) Definition of Crude Oil.--Paragraph (1) of section 4612(a) of
the Internal Revenue Code of 1986 is amended to read as follows:
``(1) Crude oil.--The term `crude oil' includes crude oil
condensates, natural gasoline, any bitumen or bituminous
mixture, any oil derived from a bitumen or bituminous mixture
(including oil derived from tar sands), and any oil derived
from kerogen-bearing sources (including oil derived from oil
shale).''.
(b) Effective Date.--The amendment made by this section shall apply
to oil and petroleum products received or entered during calendar
quarters beginning more than 60 days after the date of the enactment of
this Act.
SEC. 4. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR CLEANUP.
(a) Availability of Amounts.--Section 111 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9611) is amended--
(1) in subsection (a) by striking ``For the purposes
specified'' and all that follows through ``for the following
purposes:'' and inserting the following: ``The amount in the
Hazardous Substance Superfund established under section 9507 of
the Internal Revenue Code of 1986 shall be available, without
further appropriation, to be used for the purposes specified in
this section. The President shall use such amount for the
following purposes:''; and
(2) in subsection (c)--
(A) by striking ``Subject to such amounts as are
provided in appropriations Acts, the'' each place it
appears and inserting ``The''; and
(B) in paragraph (12) by striking ``to the extent
that such costs'' and all that follows through ``and
1994''.
(b) Amendment to the Internal Revenue Code.--Section 9507 of the
Internal Revenue Code of 1986 is amended--
(1) in subsection (c)(1)--
(A) by striking ``, as provided in appropriations
Acts,''; and
(B) by striking ``the Superfund Amendments and
Reauthorization Act of 1986'' in clause (i) thereof and
inserting ``the Superfund Polluter Pays Restoration Act
of 2014''; and
(2) in subsection (d)(3), by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph (B). | Superfund Polluter Pays Restoration Act of 2014 - Amends the Internal Revenue Code to: (1) reinstate the Hazardous Substance Superfund financing rate beginning 60 days after enactment of this Act; (2) increase such rate from 9.7 cents to 15.8 cents per barrel of crude oil; (3) adjust for inflation in taxable years beginning after 2014 the $3.5 billion Superfund threshold after which no tax is imposed; (4) reinstate and increase the rates of tax on taxable chemicals; (5) modify the definition of "crude oil" to include any bitumen or bituminous mixture, any oil derived from such mixture (including oil derived from tar sands), and any oil derived form kerogen-bearing sources (including oil derived from oil shale); and (6) allow the use of the Superfund for environmental remediation without further appropriation. | {"src": "billsum_train", "title": "Superfund Polluter Pays Restoration Act of 2014"} | 1,806 | 200 | 0.577685 | 1.532111 | 0.879727 | 3.5 | 8.5125 | 0.8625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pakistani Temporary Protected Status
Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The summer of 2010 produced Pakistan's worst flooding
in 80 years.
(2) The 2010 Pakistani floods began in July 2010 following
heavy monsoon rains in the Khyber Pakhtunkhwa, Sindh, Punjab,
and Balochistan regions of Pakistan and affected the Indus
River basin. Flooding began on July 22, 2010, in the province
of Baluchistan.
(3) According to the United Nations, 20,000,000 people,
one-eighth of the population, and nearly 62,000 square miles,
one-fifth of the country, have been significantly affected by
destruction of property, livelihood, and infrastructure.
(4) The Pakistani Government reports that the floods have
affected 82 of Pakistan's 122 districts. As a result, more than
12 million people require humanitarian assistance, with nearly
6 million victims lacking access to food, shelter, and water.
(5) The Pakistani Government estimates that approximately
1.9 million houses were either damaged or destroyed and nearly
2,000 people have lost their lives.
(6) Over 60,000 troops are involved in Pakistan's flood
relief operations.
(7) The floods severely devastated Pakistan's
infrastructure including roads, bridges, schools, health
clinics, electricity, and communications. More than 5,000 miles
of roads and railways were washed away, along with some 7,000
schools and more than 400 health facilities.
(8) In addition, about 17 million acres of Pakistan's most
fertile croplands have been submerged by the floods, in a
nation where farming is an economic mainstay. The waters have
also killed more than 200,000 head of livestock, and washed
away large quantities of stored commodities that feed millions
throughout the year.
(9) On August 14, 2010, the first documented case of
cholera emerged in the town of Mingora.
(10) On September 7, 2010, the International Labour
Organization reported that more than 5.3 million jobs have been
lost due to the floods.
(11) Concerns are growing about the enduring toll of the
disaster on Pakistan's overall economy, food supply, and
political stability.
(12) Temporary protected status allows aliens who do not
legally qualify as refugees but are nonetheless fleeing or
reluctant to return to potentially dangerous situations to
temporarily remain in the United States.
(13) Granting temporary protected status to nationals of
Pakistan is consistent with the interests of the United States
and promotes the values and morals that have made the United
States strong.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the extraordinary and
temporary conditions caused by flooding in Pakistan qualifies Pakistan
for designation under subparagraph (B) or (C) of section 244(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)), pursuant to
which nationals of Pakistan would be eligible for temporary protected
status in the United States.
SEC. 4. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED
STATUS.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Pakistan
shall be treated as if it had been designated under subsection
(b) of such section, subject to the provisions of this section.
(2) Period of designation.--The initial period of such
designation shall begin on the date of the enactment of this
Act and shall remain in effect for 12 months.
(b) Aliens Eligible.--In applying section 244 of such Act pursuant
to the designation made under this section, subject to section
244(c)(3) of such Act, an alien who is a national of Pakistan is deemed
to satisfy the requirements of section 244(c)(1) of such Act only if
the alien--
(1) has been continuously physically present in the United
States since July 22, 2010;
(2) is admissible as an immigrant, except as otherwise
provided under section 244(c)(2)(A) of such Act, and is not
ineligible for temporary protected status under section
244(c)(2)(B) of such Act; and
(3) registers for temporary protected status in a manner
that the Secretary of Homeland Security shall establish.
(c) Consent To Travel Abroad.--The Secretary of Homeland Security
shall give the prior consent to travel abroad described in section
244(f)(3) of such Act to an alien who is granted temporary protected
status pursuant to the designation made under this section, if the
alien establishes to the satisfaction of the Secretary of Homeland
Security that emergency and extenuating circumstances beyond the
control of the alien require the alien to depart for a brief, temporary
trip abroad. An alien returning to the United States in accordance with
such an authorization shall be treated the same as any other returning
alien provided temporary protected status under section 244 of such
Act. | Pakistani Temporary Protected Status Act of 2010 - Expresses the sense of Congress that the extraordinary and temporary conditions caused by flooding in Pakistan qualifies Pakistan for designation under the Immigration and Nationality Act pursuant to which its nationals would be eligible for temporary protected status (TPS) in the United States.
Designates Pakistan as a TPS-eligible country for an initial 12-month period.
Sets forth related TPS eligibility requirements, including continuous U.S. presence since July 22, 2010.
Requires the Secretary of Homeland Security (DHS) to give prior consent to such aliens for temporary trips abroad in emergency and extenuating circumstances. | {"src": "billsum_train", "title": "To designate Pakistan under section 244 of the Immigration and Nationality Act to permit nationals of Pakistan to be eligible for temporary protected status under such section."} | 1,096 | 143 | 0.448776 | 1.381419 | 0.678479 | 3.112069 | 8.594828 | 0.853448 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Winding Down ObamaCare Act''.
SEC. 2. TRANSITIONAL COVERAGE.
Part C of title XXVII of the Public Health Service Act (42 U.S.C.
300gg-91 et seq.) is amended--
(1) by redesignating the second section 2794 (relating to
uniform fraud and abuse referral format) as section 2795; and
(2) by adding at the end the following:
``SEC. 2796. COBRA-LIKE TRANSITIONAL COVERAGE.
``(a) Plans Must Provide Continuation Coverage.--
``(1) In general.--A health insurance issuer shall provide,
in accordance with this section, that each enrollee in a
qualified health plan who would lose coverage under the plan,
or who would no longer be eligible for a tax credit under
section 36B of the Internal Revenue Code of 1986, as a result
of a qualifying event is entitled, under the plan, to elect,
within the election period, continuation coverage under the
plan.
``(2) Coverage.--For purposes of this section, the term
`continuation coverage' means coverage that meets the following
requirements:
``(A) Type of coverage.--The coverage must consist
of that coverage which the enrollee was enrolled in at
the time of the qualifying event, except that if such
coverage is later modified under the plan for any group
of similarly situated enrollees, such coverage shall
also be modified in the same manner for all individuals
to which this section applies.
``(B) Premium requirement.--The health insurance
issuer may require payment of a premium for such
coverage for any period of the continuation coverage,
except that such premium--
``(i) shall not exceed 100 percent of the
premium amount applicable for the qualified
health plan involved on the day before the
qualifying event;
``(ii) shall not increase at any time
during the period of continuation coverage; and
``(iii) may, at the election of the
enrollee, be paid in monthly installments.
``(b) Qualifying Event.--For purposes of this section, the term
`qualifying event' means, with respect to any enrollee in a qualified
health plan, a determination by the Supreme Court of the United States
in the case of King v. Burwell (2015) that would result in--
``(1) the enrollee losing coverage under the plan; or
``(2) making the enrollee ineligible to receive a tax
credit under section 36B of the Internal Revenue Code of 1986
with respect to such plan.
``(c) Coverage Period.--
``(1) In general.--Except as provided in paragraph (2), the
continuation coverage provided for under this section shall
extend for at least the period beginning on the date of the
qualifying event and ending:
``(A) The date that is 18 months after the date of
the qualifying event.
``(2) Termination.--Notwithstanding paragraph (1), the
continuation coverage provided for under this section shall
terminate with respect to an enrollee on--
``(A) the date on which the issuer ceases to
provide any qualified health plans to individuals (if
any); and
``(B) the date on which coverage ceases under the
plan by reason of a failure to make timely payment of
any premium required under the plan with respect to the
enrollee.
``(d) Election Period.--For purposes of this section, the term
`election period' means the period which--
``(1) begins on the date on which the qualifying event
occurs; and
``(2) ends 60 days after such date.
``(e) Notice.--The Secretary shall ensure that--
``(1) a health insurance issuer shall provide, not later
than 10 days after the date of a qualifying event, written
notice to each enrollee in a qualified health plan of the
rights provided under this section and the deadlines for
exercising such rights, including a statement that any
continuation coverage under this section shall expire as
provided for in subsection (c); and
``(2) each enrollee in a qualified health plan is
responsible for notifying the health insurance issuer involved,
within 45 days of receiving the notice under paragraph (1), of
the intent of the enrollee to exercise the rights provided to
the enrollee under this section.''.
SEC. 3. PREVENTING BUREAUCRATIC WORKAROUNDS.
(a) In General.--The Secretary of Health and Human Services shall
not enter into a new contract with a State to make available to the
State technology that is otherwise utilized as part of the Federal
health insurance exchange established under section 1321 of the Patient
Protection and Affordable Care Act (42 U.S.C. 18041).
(b) Rule of Construction.--Nothing in subsection (a) shall be
construed to prohibit a State from establishing a State-based Exchange.
SEC. 4. TRANSITIONAL FINANCIAL ASSISTANCE.
(a) Allowance of Tax Credit.--Subpart C of part IV of subchapter A
of chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 36B the following new section:
``SEC. 36C. CREDIT FOR TRANSITIONAL COVERAGE.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by subtitle A an
amount equal to the applicable percentage of the amount paid by the
taxpayer for coverage of the taxpayer and qualifying family members
under continuation coverage for eligible coverage months beginning in
the taxable year.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is 65 percent reduced by 5 percentage points for
each coverage month for which a credit is allowable to the taxpayer
under this section after the sixth such coverage month.
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
individual who elects to retain continuation of coverage under
section 2796 of the Public Health Service Act.
``(2) Identification requirements.--The term `eligible
individual' shall not include any individual for any month
unless the policy number associated with the qualified health
insurance and the TIN of each eligible individual covered under
such health insurance for such month are included on the return
of tax for the taxable year in which such month occurs.
``(d) Coverage Month.--For purposes of this section--
``(1) In general.--The term `coverage month' means any
month if as of the first date of such month the taxpayer is an
eligible individual who does not have other specified coverage.
``(2) Other specified coverage.--For purposes of paragraph
(1), an individual has other specified coverage for any month
if, as of the first day of such month if such individual--
``(A) is covered under employer-provided health
insurance,
``(B) is entitled to benefits under part A of title
XVIII of the Social Security Act or is enrolled under
part B of such title,
``(C) is enrolled under the program under title XIX
or XXI of such Act (other than under section 1928 of
such Act), or
``(D) is entitled to benefits under chapter 55 of
title 10, United States Code.
``(e) Other Definitions.--For purposes of this section--
``(1) Continuation coverage.--The term `continuation
coverage' means coverage described in section 2796(a)(2) of the
Public Health Service Act.
``(2) Qualifying family member.--The term `qualifying
family member' has the meaning given such term under section
35(d).
``(f) Special Rules.--
``(1) Limitation on amount of credit.--With respect to any
taxable year, the amount which would (but for this subsection)
be allowed as a credit to the taxpayer under subsection (a)
shall be reduced (but not below zero) by the aggregate amount
paid on behalf of such taxpayer under section 7527A for months
beginning in such taxable year.
``(2) Coordination with medical deduction.--Any amount paid
by a taxpayer for insurance to which subsection (a) applies
shall not be taken into account in computing the amount
allowable to the taxpayer as a credit under this chapter or as
a deduction under section 213(a).
``(3) 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.
``(4) Married couples must file joint return.--
``(A) In general.--If the taxpayer is married at
the close of the taxable year, the credit shall be
allowed under subsection (a) only if the taxpayer and
his spouse file a joint return for the taxable year.
``(B) Marital status; certain married individuals
living apart.--Rules similar to the rules of paragraphs
(3) and (4) of section 21(e) shall apply for purposes
of this paragraph.
``(5) Verification of coverage, etc.--The Secretary shall
ensure that procedures are in place to ensure that the coverage
eligibility of the individual is verified.
``(6) Insurance which covers other individuals; treatment
of payments; etc..--Rules similar to the rules of paragraphs
(7) and (8) of section 35(g) shall apply for purposes of this
section.''.
(b) Advance Payment of Credit.--Chapter 77 of the Internal Revenue
Code of 1986 is amended by inserting after section 7527 the following
new section:
``SEC. 7527A. ADVANCE PAYMENT OF TRANSITIONAL CONTINUATION COVERAGE
CREDIT.
``(a) In General.--The Secretary shall establish a program for
making payments on behalf of taxpayers who are eligible individuals
within the meaning of section 36C(c) to providers of continuation
coverage (as defined in section 36C(e)(1)) for such individuals.
``(b) Limitation.--The Secretary may make payments under subsection
(a) only to the extent that the Secretary determines that the amount of
such payments made on behalf of any taxpayer for any month does not
exceed the applicable percentage under section 36C(b) for the taxpayer
for such month.''.
(c) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by
inserting after section 6050W the following new section:
``SEC. 6050X. RETURNS RELATING TO CONTINUATION COVERAGE CREDIT.
``(a) Requirement of Reporting.--Every person who is entitled to
receive payments for any month of any calendar year under section 7527A
with respect to any individual shall make the return described in
subsection (b) with respect to each such individual.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains, with respect to each individual referred to
in subsection (a)--
``(A) the name, address, and TIN of each such
individual,
``(B) the months for which amounts payments under
section 7527A were received,
``(C) the amount of each such payment,
``(D) the type of insurance coverage provided by
such person with respect to such individual and the
policy number associated with such coverage, if
applicable,
``(E) the name, address, and TIN of the spouse and
each dependent covered under such coverage, and
``(F) such other information as the Secretary may
prescribe.
``(c) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return a written statement showing--
``(1) the name and address of the person required to make
such return and the phone number of the information contact for
such person, and
``(2) the information required to be shown on the return
with respect to such individual.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) is required to be
made.''.
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1) of such
Code is amended by striking ``or'' at the end of clause
(xxiv), by striking ``and'' at the end of clause (xxv)
and inserting ``or'', and by inserting after clause
(xxiii) the following new clause:
``(xxvii) section 6050X (relating to
returns relating to qualified health insurance
credit), and''.
(B) Paragraph (2) of section 6724(d) of such Code
is amended by striking ``or'' at the end of
subparagraph (GG), by striking the period at the end of
subparagraph (HH) and inserting ``, or'', and by
inserting after subparagraph (HH) the following new
subparagraph:
``(II) section 6050X (relating to returns relating
to qualified health insurance credit).''.
(d) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36C,'' after ``36B,''.
(2) 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 inserting after the item relating to section 36B
the following new item:
``Sec. 36C. Credit for continuation coverage under a qualified health
plan.''.
(3) The table of sections for chapter 77 of such Code is
amended by inserting after the item relating to section 7527
the following new item:
``Sec. 7527A. Advance payment of continuation coverage credit.''.
(4) The table of sections for subpart B of part III of
subchapter A of chapter 61 of such Code is amended by adding at
the end the following new item:
``Sec. 6050X. Returns relating to continuation coverage credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to coverage months beginning after the date of a qualifying event
determined under section 2796(b) of the Public Health Service Act (as
added by section 2) with respect to the individual.
SEC. 5. STOPPING BUREAUCRATS FROM SPENDING TAXPAYER DOLLARS.
(a) In General.--Section 1115 of the Social Security Act (42 U.S.C.
1315) is amended by adding at the end the following:
``(g) No experimental, pilot, or demonstration project undertaken
under subsection (a) to promote the objectives of title XIX shall be
approved, renewed, or extended unless--
``(1) the Secretary establishes spending limits for the
project (which may be annual per population-based limits,
aggregate limits (annual or for the waiver period), or a
combination thereof) only by applying benchmark growth rates
that are determined based on the average of the most recent
estimates of nationwide Medicaid beneficiary costs and
enrollment growth produced by the Director of the Congressional
Budget Office and the Director of the Office of Management and
Budget, respectively; and
``(2) the establishment and application of such spending
limits to the project and the estimated savings resulting from
the project are reviewed and certified by an individual who is
a member of the American Academy of Actuaries or the Society of
Actuaries, using generally accepted actuarial principles and
methodologies, and who is not a Federal officer or employee.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on the date of enactment of this Act and applies to Medicaid
waivers approved, renewed, or extended under section 1115 of the Social
Security Act (42 U.S.C. 1315) after that date. | Winding Down ObamaCare Act This bill amends the Public Health Service Act to require health insurers to offer at least 18 months of continuation coverage to enrollees who lose their health insurance coverage or federal premium assistance as a result of the Supreme Court's decision in King v. Burwell. Continuation coverage must be the same as an enrollee's coverage at the time of the decision, unless the health insurer modifies coverage for all similar enrollees. Individuals must elect continuation coverage within 60 days of the decision. Health insurers cannot raise premiums during the period of continuation coverage. The Department of Health and Human Services (HHS) cannot enter into a new contract with a state to provide the state with technology from the federal health insurance exchange. This bill amends the Internal Revenue Code to establish a new tax credit for individuals with continuation coverage that is equal to 65% of the amount paid for continuation coverage, with the percentage decreasing by 5% each month after six months. The Department of the Treasury must pay advance payments on the tax credit. This bill amends title XIX (Medicaid) of the Social Security Act to prohibit HHS from waiving state Medicaid plan requirements in order to allow a state to undertake a demonstration project unless HHS establishes project spending limits that are reviewed by actuaries. | {"src": "billsum_train", "title": "Winding Down ObamaCare Act"} | 3,638 | 289 | 0.530941 | 1.428 | 0.717552 | 2.148148 | 13.609053 | 0.855967 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red River National Wildlife Refuge
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The area of Louisiana known as the Red River Valley,
located along the Red River Waterway in Caddo, Bossier, Red River,
Natchitoches, and De Soto Parishes, is of critical importance to
over 350 species of birds (including migratory and resident
waterfowl, shore birds, and neotropical migratory birds), aquatic
life, and a wide array of other species associated with river basin
ecosystems.
(2) The bottomland hardwood forests of the Red River Valley
have been almost totally cleared. Reforestation and restoration of
native habitat will benefit a host of species.
(3) The Red River Valley is part of a major continental
migration corridor for migratory birds funneling through the mid
continent from as far north as the Arctic Circle and as far south
as South America.
(4) There are no significant public sanctuaries for over 300
river miles on this important migration corridor, and no
significant Federal, State, or private wildlife sanctuaries along
the Red River north of Alexandria, Louisiana.
(5) Completion of the lock and dam system associated with the
Red River Waterway project up to Shreveport, Louisiana, has
enhanced opportunities for management of fish and wildlife.
(6) The Red River Valley offers extraordinary recreational,
research, and educational opportunities for students, scientists,
bird watchers, wildlife observers, hunters, anglers, trappers,
hikers, and nature photographers.
(7) The Red River Valley is an internationally significant
environmental resource that has been neglected and requires active
restoration and management to protect and enhance the value of the
region as a habitat for fish and wildlife.
SEC. 3. ESTABLISHMENT AND PURPOSES OF REFUGE.
(a) Establishment.--
(1) In general.--The Secretary shall establish the Red River
National Wildlife Refuge, consisting of approximately 50,000 acres
of Federal lands, waters, and interests therein within the
boundaries depicted upon the map entitled ``Red River National
Wildlife Refuge--Selection Area'', dated September 5, 2000.
(2) Boundary revisions.--The Secretary shall make such minor
revisions of 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) available for inspection in
appropriate offices of the United States Fish and Wildlife Service.
(b) Purposes.--The purposes of the Refuge are the following:
(1) To provide for the restoration and conservation of native
plants and animal communities on suitable sites in the Red River
basin, including restoration of extirpated species.
(2) To provide habitat for migratory birds.
(3) To provide technical assistance to private land owners in
the restoration of their lands for the benefit of fish and
wildlife.
(c) Effective Date.--The establishment of the Refuge under
paragraph (1) of subsection (a) shall take effect on the date the
Secretary publishes, in the Federal Register and publications of local
circulation in the vicinity of the area within the boundaries referred
to in that paragraph, a notice that sufficient property has been
acquired by the United States within those boundaries to constitute an
area that can be efficiently managed as a National Wildlife Refuge.
SEC. 4. ADMINISTRATION OF REFUGE.
(a) In General.--The Secretary shall administer all lands, waters,
and interests therein acquired under section 5 in accordance with--
(1) the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.) and the Act of September 28, 1962
(76 Stat. 653; 16 U.S.C. 460k et seq.; commonly known as the Refuge
Recreation Act);
(2) the purposes of the Refuge set forth in section 3(b); and
(3) the management plan issued under subsection (b).
(b) Management Plan.--
(1) In general.--Not later than 18 months after the date of the
establishment of the Refuge, the Secretary shall issue a management
plan for the Refuge.
(2) Contents.--The management plan shall include provisions
that provide for the following:
(A) Planning and design of trails and access points.
(B) Planning of wildlife and habitat restoration, including
reforestation.
(C) Permanent exhibits and facilities and regular
educational programs throughout the Refuge.
(D) Ensuring that compatible hunting, fishing, wildlife
observation and photography, and environmental education and
interpretation are the priority general public uses of the
Refuge, in accordance with section 4(a)(3) and (4) of the
National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668ee(a)(3), (4)).
(3) Public participation.--
(A) In general.--The Secretary shall provide an opportunity
for public participation in developing the management plan.
(B) Local views.--The Secretary shall give special
consideration to views by local public and private entities and
individuals in developing the management plan.
(c) Wildlife Interpretation and Education Center.--
(1) In general.--The Secretary shall construct, administer, and
maintain, at an appropriate site within the Refuge, a wildlife
interpretation and education center.
(2) Purposes.--The center shall be designed and operated--
(A) to promote environmental education; and
(B) to provide an opportunity for the study and enjoyment
of wildlife in its natural habitat.
(d) Assistance to Red River Waterway Commission.--The Secretary
shall provide to the Red River Waterway Commission--
(1) technical assistance in monitoring water quality, noxious
plants, and exotic organisms, and in preventing siltation of prime
fisheries habitat; and
(2) where appropriate and available, fish for stocking.
SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN.
(a) In General.--The Secretary may acquire up to 50,000 acres of
lands, waters, or interests therein within the boundaries of the Refuge
described in section 3(a)(1).
(b) Inclusion in Refuge.--Any lands, waters, or interests acquired
by the Secretary under this section shall be part of the Refuge.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary to carry out this Act.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Refuge.--The term ``Refuge'' means the Red River National
Wildlife Refuge established under section 3.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the Secretary to issue a management plan for the Refuge which includes provisions for: (1) the planning and design of trails and access points; (2) the planning of wildlife and habitat restoration, including reforestation; (3) permanent exhibits and facilities and regular educational programs throughout the Refuge; and (4) ensuring that hunting, fishing, wildlife observation and photography and environmental education and interpretation are priority general public uses. Requires that the Secretary: (1) provide an opportunity for public participation in developing such plan; and (2) give special consideration to views by local public and private entities and individuals.
Directs the Secretary to construct, administer, and maintain within the Refuge, a wildlife interpretation and education center to promote environmental education and to provide an opportunity for the study and enjoyment of wildlife in its natural habitat.
Requires the Secretary to provide to the Red River Waterway Commission: (1) technical assistance in monitoring water quality, noxious plants, and exotic organisms and in preventing siltation of prime fisheries habitat; and (2) fish for stocking.
Authorizes appropriations. | {"src": "billsum_train", "title": "Red River National Wildlife Refuge Act"} | 1,507 | 227 | 0.565044 | 1.563643 | 0.817389 | 4.806604 | 6.490566 | 0.976415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bankruptcy Judgeship Act of 2003''.
SEC. 2. AUTHORIZATION FOR ADDITIONAL BANKRUPTCY JUDGESHIPS.
The following judgeship positions shall be filled in the manner
prescribed in section 152(a)(1) of title 28, United States Code, for
the appointment of bankruptcy judges provided for in section 152(a)(2)
of such title:
(1) Two additional bankruptcy judgeships for the southern
district of New York.
(2) Four additional bankruptcy judgeships for the district
of Delaware.
(3) One additional bankruptcy judgeship for the district of
New Jersey.
(4) One additional bankruptcy judgeship for the eastern
district of Pennsylvania.
(5) Three additional bankruptcy judgeships for the district
of Maryland.
(6) One additional bankruptcy judgeship for the eastern
district of North Carolina.
(7) One additional bankruptcy judgeship for the district of
South Carolina.
(8) One additional bankruptcy judgeship for the eastern
district of Virginia.
(9) Two additional bankruptcy judgeships for the eastern
district of Michigan.
(10) Two additional bankruptcy judgeships for the western
district of Tennessee.
(11) One additional bankruptcy judgeship for the eastern
and western districts of Arkansas.
(12) Two additional bankruptcy judgeships for the district
of Nevada.
(13) One additional bankruptcy judgeship for the district
of Utah.
(14) Two additional bankruptcy judgeships for the middle
district of Florida.
(15) Two additional bankruptcy judgeships for the southern
district of Florida.
(16) Two additional bankruptcy judgeships for the northern
district of Georgia.
(17) One additional bankruptcy judgeship for the southern
district of Georgia.
SEC. 3. TEMPORARY BANKRUPTCY JUDGESHIPS.
(a) Authorization for Additional Temporary Bankruptcy Judgeships.--
The following judgeship positions shall be filled in the manner
prescribed in section 152(a)(1) of title 28, United States Code, for
the appointment of bankruptcy judges provided for in section 152(a)(2)
of such title:
(1) One additional bankruptcy judgeship for the district of
Puerto Rico.
(2) One additional bankruptcy judgeship for the northern
district of New York.
(3) One additional bankruptcy judgeship for the middle
district of Pennsylvania.
(4) One additional bankruptcy judgeship for the district of
Maryland.
(5) One additional bankruptcy judgeship for the northern
district of Mississippi.
(6) One additional bankruptcy judgeship for the southern
district of Mississippi.
(7) One additional bankruptcy judgeship for the southern
district of Georgia.
(b) Vacancies.--
(1) In general.--The first vacancy occurring in the office
of bankruptcy judge in each of the judicial districts set forth
in subsection (a)--
(A) occurring 5 years or more after the appointment
date of the bankruptcy judge appointed under subsection
(a) to such office; and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge;
shall not be filled.
(2) Term expiration.--In the case of a vacancy resulting
from the expiration of the term of a bankruptcy judge not
described in paragraph (1), that judge shall be eligible for
reappointment as a bankruptcy judge in that district.
(c) Extension of Existing Temporary Bankruptcy Judgeships.--
(1) In general.--The temporary bankruptcy judgeships
authorized for the northern district of Alabama and the eastern
district of Tennessee under paragraphs (1) and (9) of section
3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152
note) are extended until the first vacancy occurring in the
office of a bankruptcy judge in the applicable district
resulting from the death, retirement, resignation, or removal
of a bankruptcy judge and occurring 5 years or more after the
date of enactment of this Act.
(2) Applicability of other provisions.--All other
provisions of section 3 of the Bankruptcy Judgeship Act of 1992
(28 U.S.C. 152 note) remain applicable to the temporary
bankruptcy judgeships referred to in this subsection.
SEC. 4. TRANSFER OF BANKRUPTCY JUDGESHIP SHARED BY THE MIDDLE DISTRICT
OF GEORGIA AND THE SOUTHERN DISTRICT OF GEORGIA.
The bankruptcy judgeship presently shared by the southern district
of Georgia and the middle district of Georgia shall be converted to a
bankruptcy judgeship for the middle district of Georgia.
SEC. 5. CONVERSION OF EXISTING TEMPORARY BANKRUPTCY JUDGESHIPS.
(a) District of Delaware.--The temporary bankruptcy judgeship
authorized for the district of Delaware pursuant to section 3 of the
Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), shall be
converted to a permanent bankruptcy judgeship.
(b) District of Puerto Rico.--The temporary bankruptcy judgeship
authorized for the district of Puerto Rico pursuant to section 3 of the
Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), shall be
converted to a permanent bankruptcy judgeship.
SEC. 6. TECHNICAL AMENDMENTS.
Section 152(a)(2) of title 28, United States Code, is amended--
(1) in the item relating to the eastern and western
districts of Arkansas, by striking ``3'' and inserting ``4'';
(2) in the item relating to the district of Delaware, by
striking ``1'' and inserting ``6'';
(3) in the item relating to the middle district of Florida,
by striking ``8'' and inserting ``10'';
(4) in the item relating to the southern district of
Florida, by striking ``5'' and inserting ``7'';
(5) in the item relating to the northern district of
Georgia, by striking ``8'' and inserting ``10'';
(6) in the item relating to the middle district of Georgia,
by striking ``2'' and inserting ``3'';
(7) in the item relating to the southern district of
Georgia, by striking ``2'' and inserting ``3'';
(8) in the collective item relating to the middle and
southern districts of Georgia, by striking ``Middle and
Southern . . . . . . 1'';
(9) in the item relating to the district of Maryland, by
striking ``4'' and inserting ``7'';
(10) in the item relating to the eastern district of
Michigan, by striking ``4'' and inserting ``6'';
(11) in the item relating to the district of Nevada, by
striking ``3'' and inserting 5'';
(12) in the item relating to the district of New Jersey, by
striking ``8'' and inserting ``9'';
(13) in the item relating to the southern district of New
York, by striking ``9'' and inserting ``11'';
(14) in the item relating to the eastern district of North
Carolina, by striking ``2'' and inserting ``3'';
(15) in the item relating to the eastern district of
Pennsylvania, by striking ``5'' and inserting ``6'';
(16) in the item relating to the district of Puerto Rico,
by striking ``2 and inserting ``3'';
(17) in the item relating to the district of South
Carolina, by striking ``2'' and inserting ``3'';
(18) in the item relating to the western district of
Tennessee, by striking ``4'' and inserting ``6'';
(19) in the item relating to the district of Utah, by
striking ``3'' and inserting ``4''; and
(20) in the item relating to the eastern district of
Virginia, by striking ``5'' and inserting ``6''. | Bankruptcy Judgeship Act of 2003 - Authorizes appointment of additional bankruptcy judgeships for specified States, including additional temporary bankruptcy judgeships for Puerto Rico, New York, Pennsylvania, Maryland, Mississippi, and Georgia.
Extends certain existing temporary bankruptcy judgeships in Alabama and. Tennessee.
Converts the bankruptcy judgeship presently shared by the southern district and the middle district of Georgia to a bankruptcy judgeship for the middle district of Georgia.
Converts to a permanent bankruptcy judgeship existing temporary bankruptcy judgeships for the districts of Delaware and Puerto Rico. | {"src": "billsum_train", "title": "A bill to authorize 36 additional bankruptcy judgeships, and for other purposes."} | 1,751 | 124 | 0.737348 | 1.771847 | 0.595077 | 4.091837 | 16.193878 | 0.908163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Independence Through
Presidential Leadership Act''.
SEC. 2. PRESIDENTIAL LEADERSHIP TO ENACT COMPREHENSIVE ENERGY POLICY.
(a) Congressional Findings.--The Congress finds that:
(1) The United States increasingly depends on foreign
nations to supply its energy needs.
(2) That dependence leaves the United States increasingly
vulnerable to the whims of foreign nations and constitutes a
grave and worsening threat to our national security and our
economy.
(3) Lessening this dependence is not easy, and it cannot be
done in a short period of time.
(4) The United States can lessen its dependence over a
longer period of time by enacting a comprehensive energy policy
designed to address the numerous elements of the problem. Those
elements include: increased domestic energy production
consistent with reasonable environmental guidelines, increased
domestic refining and transportation capacity consistent with
reasonable environmental guidelines, increased diplomatic
pressure on foreign nations that produce oil, increased energy
efficiency of engines and generation facilities, increased use
of renewable energy sources throughout our economy, and a
reformed excise tax structure.
(5) Because the elements of a comprehensive energy policy
are so varied--involving many groups within society and the
jurisdiction of many government agencies and congressional
committees--Congress can only enact such a policy with
committed leadership from the President.
(6) In the meantime, Congress and the President should
provide some minimal relief for consumers hit by high gasoline
prices.
(b) Sense of Congress Resolution.--It is the sense of Congress that
the President should take immediate and appropriate action to lead the
United States in developing and enacting a comprehensive energy policy
to lessen our dependence on foreign nations to supply our energy needs.
SEC. 3. IMMEDIATE CONSUMER RELIEF THROUGH REPEAL OF DEFICIT REDUCTION
TAX.
(a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and
inserting ``14 cents''.
(b) Diesel Fuel and Kerosene.--Clause (iii) of section
4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and
inserting ``20 cents''.
(c) Technical Amendments.--
(1) Subparagraph (B) of section 40(e)(1) of such Code is
amended by striking ``during which the rates of tax under
section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting
``during which the rate of tax under section 4081(a)(2)(A)(i)
does not apply''.
(2) Clauses (i) and (ii) of section 4041(m)(1)(A) of such
Code are amended to read as follows:
``(i) 7 cents per gallon on and after the
date of the enactment of this clause and before
October 1, 2005, and
``(ii) zero after September 30, 2005,
and''.
(3) Subsection (c) of section 4081 of such Code is amended
by striking paragraph (6) and by redesignating paragraphs (7)
and (8) as paragraphs (6) and (7), respectively.
(4) Paragraph (1) of section 4081(d) of such Code is
amended by striking ``4.3 cents per gallon'' and inserting
``zero''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(e) Floor Stock Refunds.--
(1) In general.--If--
(A) before the date of the enactment of this Act,
tax has been imposed under section 4081 of the Internal
Revenue Code of 1986 on any liquid, and
(B) on such date such liquid is held by a dealer
and has not been used and is intended for sale,
there shall be credited or refunded (without interest) to the
person who paid such tax (hereafter in this subsection referred
to as the ``taxpayer'') an amount equal to the excess of the
tax paid by the taxpayer over the amount of such tax which
would be imposed on such liquid had the taxable event occurred
on such date.
(2) Time for filing claims.--No credit or refund shall be
allowed or made under this subsection unless--
(A) claim therefor is filed with the Secretary of
the Treasury before the date which is 6 months after
the date of the enactment of this Act, based on a
request submitted to the taxpayer before the date which
is 3 months after such date of enactment, by the dealer
who held the liquid on such date of enactment, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(3) Exception for fuel held in retail stocks.--No credit or
refund shall be allowed under this subsection with respect to
any liquid in retail stocks held at the place where intended to
be sold at retail.
(4) Definitions.--For purposes of this subsection, the
terms ``dealer'' and ``held by a dealer'' have the respective
meanings given to such terms by section 6412 of such Code.
(5) Certain rules to apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this subsection. | Amends the Internal Revenue Code to lower, by 4.3 cents, the tax on highway gasoline and diesel fuel and kerosene. | {"src": "billsum_train", "title": "Energy Independence Through Presidential Leadership Act"} | 1,261 | 32 | 0.45946 | 1.095032 | -0.11463 | 1.565217 | 47.956522 | 0.869565 |
SECTION 1. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE
PROGRAM.
The Act entitled ``An Act to provide for the organization of the
militia of the District of Columbia'', approved March 1, 1889 (sec. 49-
101 et seq., D.C. Official Code) is amended by adding at the end the
following new title:
``TITLE II--EDUCATIONAL ASSISTANCE PROGRAM
``SEC. 201. SHORT TITLE; FINDINGS.
``(a) Short Title.--This title may be cited as the `Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Act'.
``(b) Findings.--Congress makes the following findings:
``(1) The District of Columbia National Guard is under the
exclusive jurisdiction of the President of the United States as
Commander-in-Chief and, unlike other National Guards, is
permanently federalized.
``(2) The District of Columbia National Guard is unique and
differs from the National Guards of the several States in that
the District of Columbia National Guard is responsible, not
only for residents of the District of Columbia, but also for a
special and unique mission and obligation as a result of the
extensive presence of the Federal Government in the District of
Columbia.
``(3) Consequently, the President of the United States,
rather than the chief executive of the District of Columbia, is
in command of the District of Columbia National Guard, and only
the President can call up the District of Columbia National
Guard even for local emergencies.
``(4) The District of Columbia National Guard has been
specifically trained to address the unique emergencies that may
occur regarding the presence of the Federal Government in the
District of Columbia.
``(5) The great majority of the members of the District of
Columbia National Guard actually live in Maryland or Virginia,
rather than in the District of Columbia.
``(6) The District of Columbia National Guard has been
experiencing a disproportionate decline in force in comparison
to the National Guards of Maryland and Virginia.
``(7) The States of Maryland and Virginia provide
additional recruiting and retention incentives, such as
educational benefits, in order to maintain their force, and
their National Guards have drawn recruits from the District of
Columbia at a rate that puts at risk the maintenance of the
necessary force levels for the District of Columbia National
Guard.
``(8) Funds for an educational benefit for members of the
District of Columbia National Guard would provide an incentive
to help reverse the loss of members to nearby National Guards
and allow for maintenance and increase of necessary District of
Columbia National Guard personnel.
``(9) The loss of members of the District of Columbia
National Guard could adversely affect the readiness of the
District of Columbia National Guard to respond in the event of
a terrorist attack on the capital of the United States.
``SEC. 202. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE
PROGRAM.
``(a) Educational Assistance Program Authorized.--The Mayor of the
District of Columbia, in coordination with the commanding general of
the District of Columbia National Guard, shall establish a program
under which the Mayor may provide financial assistance to an eligible
member of the District of Columbia National Guard to assist the member
in covering expenses incurred by the member while enrolled in an
approved institution of higher education to pursue the member's first
undergraduate, masters, vocational, or technical degree or
certification.
``(b) Eligibility.--
``(1) Criteria.--A member of the District of Columbia
National Guard is eligible to receive assistance under the
program established under this title if the commanding general
of the District of Columbia National Guard certifies to the
Mayor the following:
``(A) The member has satisfactorily completed
required initial active duty service.
``(B) The member has executed a written agreement
to serve in the District of Columbia National Guard for
a period of not less than 6 years.
``(C) The member is not receiving a Reserve Officer
Training Corps scholarship.
``(2) Maintenance of eligibility.--To continue to be
eligible for financial assistance under the program, a member
of the District of Columbia National Guard must--
``(A) be satisfactorily performing duty in the
District of Columbia National Guard in accordance with
regulations of the National Guard (as certified to the
Mayor by the commanding general of the District of
Columbia National Guard);
``(B) be enrolled on a full-time or part-time basis
in an approved institution of higher education; and
``(C) maintain satisfactory progress in the course
of study the member is pursuing, determined in
accordance with section 484(c) of the Higher Education
Act of 1965 (20 U.S.C. 1091(c)).
``SEC. 203. TREATMENT OF ASSISTANCE PROVIDED.
``(a) Permitted Use of Funds.--Financial assistance received by a
member of the District of Columbia National Guard under the program
under this title may be used to cover--
``(1) tuition and fees charged by an approved institution
of higher education involved;
``(2) the cost of books; and
``(3) laboratory expenses.
``(b) Amount of Assistance.--The amount of financial assistance
provided to a member of the District of Columbia National Guard under
the program may be up to $400 per credit hour, but not to exceed $6,000
per year. If the Mayor determines that the amount available to provide
assistance under this title in any year will be insufficient, the Mayor
may reduce the maximum amount of the assistance authorized, or set a
limit on the number of participants, to ensure that amounts expended do
not exceed available amounts.
``(c) Relation to Other Assistance.--Except as provided in section
202(b)(1)(C), a member of the District of Columbia National Guard may
receive financial assistance under the program in addition to
educational assistance provided under any other provision of law.
``(d) Repayment.--A member of the District of Columbia National
Guard who receives assistance under the program and who, voluntarily or
because of misconduct, fails to serve for the period covered by the
agreement required by section 202(b)(1) or fails to comply with the
eligibility conditions specified in section 202(b)(2) shall be subject
to the repayment provisions of section 373 of title 37, United States
Code.
``SEC. 204. ADMINISTRATION AND FUNDING OF PROGRAM.
``(a) Administration.--The Mayor, in coordination with the
commanding general of the District of Columbia National Guard and in
consultation with approved institutions of higher education, shall
develop policies and procedures for the administration of the program
under this title. Nothing in this title shall be construed to require
an institution of higher education to alter the institution's
admissions policies or standards in any manner to enable a member of
the District of Columbia National Guard to enroll in the institution.
``(b) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the District of Columbia such
sums as may be necessary to enable the Mayor to provide
financial assistance under the program. Funds appropriated
pursuant to this authorization of appropriations shall remain
available until expended.
``(2) Transfer of funds.--The Mayor may accept the transfer
of funds from Federal agencies and use any funds so transferred
for purposes of providing assistance under the program. There
is authorized to be appropriated to the head of any executive
branch agency such sums as may be necessary to permit the
transfer of funds to the Mayor to provide financial assistance
under this section.
``(3) Limit.--The aggregate amount authorized to be
appropriated under paragraphs (1) and (2) for a fiscal year may
not exceed--
``(A) for fiscal year 2011, $370,000; and
``(B) for each succeeding fiscal year, the limit
applicable under this paragraph for the previous fiscal
year, adjusted by the tuition inflation index used for
the year by the Secretary of Veterans Affairs for
education benefits under section 3015(h)(1) of title
38, United States Code.
``(c) Acceptance of Donations.--The Mayor may accept, use, and
dispose of donations of services or property for purposes of providing
assistance under the program.
``SEC. 205. DEFINITION.
``In this title, the term `approved institution of higher
education' means an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002))
that--
``(1) is eligible to participate in the student financial
assistance programs under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.); and
``(2) has entered into an agreement with the Mayor
containing an assurance that funds made available under this
title are used to supplement and not supplant other assistance
that may be available for members of the District of Columbia
National Guard.
``SEC. 206. EFFECTIVE DATE.
``Financial assistance may be provided under the program under this
title to eligible members of the District of Columbia National Guard
for periods of instruction that begin on or after January 1, 2010.''.
SEC. 2. PAYGO COMPLIANCE.
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.
Passed the House of Representatives June 28, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | (Sec. 1) Amends the District of Columbia Code to direct the Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, to establish a program that allows the Mayor to provide educational assistance to members of the District of Columbia National Guard who have satisfactorily completed their initial active duty service and agree to serve for at least six years.
Requires such assistance to be used by members for expenses incurred in pursuing their first undergraduate, master's, vocational, or technical degree or certification at an approved institution of higher education.
Limits such assistance to no more than $400 per credit hour and no more than $6,000 per year for each eligible member of the District of Columbia National Guard.
Prohibits members who are receiving a Reserve Officer Training Corps scholarship from receiving this Act's assistance; though permits recipients of this Act's assistance to receive educational assistance under other programs.
Authorizes appropriations.
Allows the Mayor to accept donations of services or property for the program.
(Sec. 2) Provides that 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 by the Chairman of the House Budget Committee, provided that such statement has been submitted before vote on passage. | {"src": "billsum_train", "title": "To direct the Mayor of the District of Columbia to establish a District of Columbia National Guard Educational Assistance Program to encourage the enlistment and retention of persons in the District of Columbia National Guard by providing financial assistance to enable members of the National Guard of the District of Columbia to attend undergraduate, vocational, or technical courses."} | 2,143 | 308 | 0.496384 | 1.52635 | 0.676868 | 4.29562 | 7.375912 | 0.908759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Officers' Benefits
Improvement Act of 2016''.
SEC. 2. REPORTS.
Section 1205 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796c) is amended--
(1) in subsection (a), by inserting ``Rules, regulations,
and procedures issued under this part may include regulations
based on standards developed by another Federal agency for
programs related to public safety officer death or disability
claims.'' before the last sentence;
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``In making''; and
(B) by adding at the end the following:
``(2) In making a determination under section 1201, the Bureau
shall give substantial weight to the evidence and all findings of fact
presented by a State, local, or Federal administrative or investigative
agency regarding eligibility for death or disability benefits.''; and
(3) by adding at the end the following:
``(e)(1)(A) Not later than 30 days after the date of enactment of
this subsection, the Bureau shall make available on the public website
of the Bureau information on all death, disability, and educational
assistance claims submitted under this part that are pending as of the
date on which the information is made available.
``(B) Not less frequently than once per week, the Bureau shall make
available on the public website of the Bureau updated information with
respect to all death, disability, and educational assistance claims
submitted under this part that are pending as of the date on which the
information is made available.
``(C) The information made available under this paragraph shall
include--
``(i) for each pending claim--
``(I) the date on which the claim was submitted to
the Bureau;
``(II) the State of residence of the claimant;
``(III) an anonymized, identifying claim number;
and
``(IV) the nature of the claim; and
``(ii) the total number of pending claims that were
submitted to the Bureau more than 1 year before the date on
which the information is made available.
``(2)(A) Not later than 180 days after the date of enactment of
this subsection, and every 180 days thereafter, the Bureau shall submit
to Congress a report on the death, disability, and educational
assistance claims submitted under this part.
``(B) Each report submitted under subparagraph (A) shall include
information on--
``(i) the total number of claims for which a final
determination has been made during the 180-day period preceding
the report;
``(ii) the amount of time required to process each claim
for which a final determination has been made during the 180-
day period preceding the report;
``(iii) as of the last day of the 180-day period preceding
the report, the total number of claims submitted to the Bureau
on or before that date for which a final determination has not
been made;
``(iv) as of the last day of the 180-day period preceding
the report, the total number of claims submitted to the Bureau
on or before the date that is 1 year before that date for which
a final determination has not been made;
``(v) for each claim described in clause (iv), a detailed
description of the basis for delay;
``(vi) as of the last day of the 180-day period preceding
the report, the total number of claims submitted to the Bureau
on or before that date relating to exposure due to the
September 11, 2001, terrorism attacks for which a final
determination has not been made;
``(vii) as of the last day of the 180-day period preceding
the report, the total number of claims submitted to the Bureau
on or before the date that is 1 year before that date relating
to exposure due to the September 11, 2001, terrorism attacks
for which a final determination has not been made;
``(viii) for each claim described in clause (vii), a
detailed description of the basis for delay;
``(ix) the total number of claims submitted to the Bureau
relating to exposure due to the September 11, 2001, terrorism
attacks for which a final determination was made during the
180-day period preceding the report, and the average award
amount for any such claims that were approved;
``(x) the result of each claim for which a final
determination was made during the 180-day period preceding the
report, including the number of claims rejected and the basis
for any denial of benefits;
``(xi) the number of final determinations which were
appealed during the 180-day period preceding the report,
regardless of when the final determination was first made;
``(xii) the average number of claims processed per reviewer
of the Bureau during the 180-day period preceding the report;
``(xiii) for any claim submitted to the Bureau that
required the submission of additional information from a public
agency, and for which the public agency completed providing all
of the required information during the 180-day period preceding
the report, the average length of the period beginning on the
date the public agency was contacted by the Bureau and ending
on the date on which the public agency submitted all required
information to the Bureau;
``(xiv) for any claim submitted to the Bureau for which the
Bureau issued a subpoena to a public agency during the 180-day
period preceding the report in order to obtain information or
documentation necessary to determine the claim, the name of the
public agency, the date on which the subpoena was issued, and
the dates on which the public agency was contacted by the
Bureau before the issuance of the subpoena; and
``(xv) information on the compliance of the Bureau with the
obligation to offset award amounts under section 1201(f)(3),
including--
``(I) the number of claims that are eligible for
compensation under both this part and the September
11th Victim Compensation Fund of 2001 (49 U.S.C. 40101
note; Public Law 107-42) (commonly referred to as the
`VCF');
``(II) for each claim described in subclause (I)
for which compensation has been paid under the VCF, the
amount of compensation paid under the VCF;
``(III) the number of claims described in subclause
(I) for which the Bureau has made a final
determination; and
``(IV) the number of claims described in subclause
(I) for which the Bureau has not made a final
determination.
``(3) Not later than 5 years after the date of enactment of the
Public Safety Officers' Benefits Improvement Act of 2016, and every 5
years thereafter, the Comptroller General of the United States shall--
``(A) conduct a study on the compliance of the Bureau with
the obligation to offset award amounts under section
1201(f)(3); and
``(B) submit to Congress a report on the study conducted
under subparagraph (A) that includes an assessment of whether
the Bureau has provided the information required under
subparagraph (B)(ix) of paragraph (2) of this subsection in
each report required under that paragraph.
``(4) In this subsection, the term `nature of the claim' means
whether the claim is a claim for--
``(A) benefits under this subpart with respect to the death
of a public safety officer;
``(B) benefits under this subpart with respect to the
disability of a public safety officer; or
``(C) education assistance under subpart 2.''.
SEC. 3. AGE LIMITATION FOR CHILDREN.
Section 1212(c) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796d-1(c)) is amended--
(1) by striking ``No child'' and inserting the following:
``(1) In general.--Subject to paragraph (2), no child'';
and
(2) by adding at the end the following:
``(2) Delayed approvals.--
``(A) Educational assistance application.--If a
claim for assistance under this subpart is approved
more than 1 year after the date on which the
application for such assistance is filed with the
Attorney General, the age limitation under this
subsection shall be extended by the length of the
period--
``(i) beginning on the day after the date
that is 1 year after the date on which the
application is filed; and
``(ii) ending on the date on which the
application is approved.
``(B) Claim for benefits for death or permanent and
total disability.--In addition to an extension under
subparagraph (A), if any, for an application for
assistance under this subpart that relates to a claim
for benefits under subpart 1 that was approved more
than 1 year after the date on which the claim was filed
with the Attorney General, the age limitation under
this subsection shall be extended by the length of the
period--
``(i) beginning on the day after the date
that is 1 year after the date on which the
claim for benefits is submitted; and
``(ii) ending on the date on which the
claim for benefits is approved.''.
SEC. 4. DUE DILIGENCE IN PAYING BENEFIT CLAIMS.
Subpart 1 of part L of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended by adding
at the end the following:
``SEC. 1206. DUE DILIGENCE IN PAYING BENEFIT CLAIMS.
``(a) In General.--The Bureau, with all due diligence, shall
expeditiously attempt to obtain the information and documentation
necessary to adjudicate a benefit claim filed under this part,
including a claim for financial assistance under subpart 2.
``(b) Sufficient Information Unavailable.--If a benefit claim filed
under this part, including a claim for financial assistance under
subpart 2, is unable to be adjudicated by the Bureau because of a lack
of information or documentation from a third party, such as a public
agency, the Bureau may not abandon the benefit claim unless the Bureau
has utilized the investigative tools available to the Bureau to obtain
the necessary information or documentation, including subpoenas.''.
SEC. 5. PRESUMPTION THAT OFFICER ACTED PROPERLY.
Section 1202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796a) is amended--
(1) by striking ``No benefit'' and inserting the following:
``(a) In General.--No benefit''; and
(2) by adding at the end the following:
``(b) Presumption.--In determining whether a benefit is payable
under this part, the Bureau shall--
``(1) presume that none of the limitations described in
subsection (a) apply; and
``(2) have the burden of establishing by clear and
convincing evidence that a limitation described in subsection
(a) applies.''.
SEC. 6. EFFECTIVE DATE; APPLICABILITY.
The amendments made by this Act shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any benefit claim or application under part L
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796 et seq.) that is--
(A) pending before the Bureau of Justice Assistance
on the date of enactment; or
(B) received by the Bureau on or after the date of
enactment of this Act. | Public Safety Officers' Benefits Improvement Act of 2016 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise requirements for the Public Safety Officers' Benefits (PSOB) program. (The PSOB program provides death, disability, and education benefits to public safety officers and survivors of public safety officers who are killed or injured in the line of duty.) It authorizes the Department of Justice's Bureau of Justice Assistance (BJA) to establish PSOB program rules, regulations, and procedures based on standards developed by another federal agency. In determining a claimant's eligibility for death or disability benefits, the BJA must give substantial weight to evidence and facts presented by a state, local, or federal agency. The BJA must also publish and update information on pending claims and report to Congress on submitted claims for death, disability, and educational benefits. This section extends the age limitation for a PSOB claim for death, disability, or education benefits that is approved more than one year after the date on which it was filed. The BJA must attempt to obtain necessary documentation to determine a claimant's eligibility for death, disability, or education benefits. If it cannot determine eligibility due to a lack of documentation from a third party (e.g., a public agency), then the BJA may abandon the claim only after it utilizes investigative tools, including subpoenas, to obtain the information. The bill establishes a rebuttable presumption that a public safety officer acted properly at the time of injury or death and that no specified limitation (e.g., voluntary intoxication at the time of injury or death) bars the payment of death or disability benefits. The BJA may rebut the presumption by clear and convincing evidence to the contrary. | {"src": "billsum_train", "title": "Public Safety Officers' Benefits Improvement Act of 2016"} | 2,603 | 395 | 0.566181 | 1.942307 | 0.724336 | 2.680851 | 7.477204 | 0.81459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Excise Tax Funds to Prevention
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Medical costs are a substantial burden to society. For
example, the cost for acute care and followup treatment of
gunshot injuries in 1994 in the United States was
$2,300,000,000, of which $1,100,000,000 was paid by government
programs, according to an article in the Journal of the
American Medical Association.
(2) The mean medical cost per gunshot injury is about
$17,000.
(3) For hospital-admitted survivors of gunshot injuries,
estimates suggest that Federal, State, or local government is
the primary payer of medical costs of the injuries in 44
percent of the cases.
(4) The excise tax on firearms and ammunition has not
changed in 60 years.
(5) This excise tax has raised more than $2,600,000,000
during that time.
(6) Congress needs to ensure that the revenue raised by
this excise tax is used for the proper purposes.
SEC. 3. INCREASE IN EXCISE TAX ON FIREARMS.
(a) In General.--Section 4181 of the Internal Revenue Code of 1986
(relating to tax on firearms) is amended--
(1) by striking ``10 percent'' and inserting ``15
percent'', and
(2) by striking ``11 percent'' and inserting ``16
percent''.
(b) Retention of Prior Rate for Taxable Sales to Government.--
Section 4182 of such Code is amended by adding at the end the following
new subsection:
``(d) Sales to Government.--Except as provided in subsection (b),
in the case of a sale for the use by the United States, a State, or a
political subdivision of a State (or any department, agency, or
instrumentality of any of the foregoing), the tax imposed by section
4181 shall be determined by substituting ``10 percent'' for ``15
percent'' and ``11 percent'' for ``16 percent''.
(c) Use of Proceeds of Excise Tax.--Subchapter A of chapter 98 of
subtitle I such Code is amended by adding at the end the following new
sections:
``SEC. 9511. DELINQUENCY PREVENTION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Delinquency
Prevention Trust Fund', consisting of such amounts as may be
apportioned or credited to such Trust Fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--
``(1) In general.--There are hereby appropriated to the
Delinquency Prevention Trust Fund amounts equivalent to half of
the net revenues received in the Treasury from the tax imposed
by section 4181 (relating to tax on firearms), to the extent
attributable to a tax rate greater than 10 percent, in the case
of pistols and revolvers, and greater than 11 percent, in the
case of firearms (other than pistols and revolvers), shells,
and cartridges.
``(2) Net revenues.--For purposes of paragraph (1), the
term `net revenues' means the amount estimated by the Secretary
based on the excess of--
``(A) the taxes received in the Treasury under
section 4181 (relating to tax on firearms), over
``(B) the decrease in the tax imposed by chapter 1
resulting from the tax imposed by section 4181.
``(c) Expenditures.--Amounts in the Delinquency Prevention Trust
Fund shall be available, as provided in appropriation Acts, only for
carrying out the purposes of title V of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5781 et seq.) (relating
to incentive grants for local delinquency prevention programs).
``(d) Coordination With Other Funds.--So much of the rate of tax as
is taken into account in determining amounts appropriated to the
Delinquency Prevention Trust Fund shall not be taken into account in
determining amounts deposited into any other fund.
``SEC. 9512. EMERGENCY MEDICAL SERVICES FOR CHILDREN TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Emergency Medical
Services for Children Trust Fund', consisting of such amounts as may be
apportioned or credited to such Trust Fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--
``(1) In general.--There are hereby appropriated to the
Emergency Medical Services for Children Trust Fund amounts
equivalent to half of the net revenues received in the Treasury
from the tax imposed by section 4181 (relating to tax on
firearms), to the extent attributable to a tax rate greater
than 10 percent, in the case of pistols and revolvers, and
greater than 11 percent, in the case of firearms (other than
pistols and revolvers), shells, and cartridges.
``(2) Net revenues.--For purposes of paragraph (1), the
term `net revenues' means the amount estimated by the Secretary
based on the excess of--
``(A) the taxes received in the Treasury under
section 4181 (relating to tax on firearms), over
``(B) the decrease in the tax imposed by chapter 1
resulting from the tax imposed by section 4181.
``(c) Expenditures.--Amounts in the Emergency Medical Services for
Children Trust Fund shall be available, as provided in appropriation
Acts, only for carrying out the purposes of the Emergency Medical
Services for Children program (administered by the Department of Health
and Human Services and the National Highway Traffic Safety
Administration).
``(d) Coordination With Other Funds.--So much of the rate of tax as
is taken into account in determining amounts appropriated to the
Emergency Medical Services for Children Trust Fund shall not be taken
into account in determining amounts deposited into any other fund.''.
(d) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of subtitle I of such Code is amended by inserting after the
item relating to section 9510 the following new items:
``Sec. 9511. Delinquency Prevention Trust
Fund.
``Sec. 9512. Emergency Medical Services
for Children Trust Fund.''.
(e) Effective Date.--The amendments made by this Act shall apply to
sales after the date of the enactment of this Act. | Establishes in the Treasury the Delinquency Prevention Trust Fund and appropriates into such Fund half of the net revenues realized from such tax increase. Requires Fund amounts to be used for incentive grants for local delinquency prevention programs under the Juvenile Justice and Delinquency Prevention Act of 1974.
Establishes in the Treasury the Emergency Medical Services for Children Trust Fund and appropriates into such Fund the other half of the net revenues realized from such tax increase. Requires Fund amounts to be used for carrying out the Emergency Medical Services for Children program administered by the Department of Health and Human Services and the National Highway Traffic Safety Administration. | {"src": "billsum_train", "title": "Gun Excise Tax Funds to Prevention Act"} | 1,524 | 138 | 0.401549 | 1.102122 | 0.500876 | 3.596491 | 11.684211 | 0.929825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Agent Orange Relief Act
of 2013''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) From 1961 to 1971, approximately 19,000,000 gallons of
15 different herbicides were sprayed over the southern region
of Vietnam. The agents included 13,000,000 gallons of Agent
Orange, 4,500,000 gallons of Agent White, 1,000,000 gallons of
Agent Blue, 420,000 gallons of Agent Purple, and relatively
smaller quantities of the other herbicides. Many of the
herbicides, including Agents Orange, Purple, Green, Pink,
Dinoxol, and Trinoxol contained the toxic contaminant dioxin
(TCDD). One, Agent Blue, contained high levels of arsenic. The
aforementioned 15 herbicides, including the contaminant dioxin,
are usually collectively referred to as Agent Orange.
(2) Studies show that between 2,100,000 and 4,800,000
Vietnamese and tens of thousands of Americans were exposed to
Agent Orange during the spraying. Many other Vietnamese were or
continue to be exposed to Agent Orange through contact with the
environment and food that was contaminated or as offspring of
those exposed who now suffer from illnesses and disabilities.
(3) Today, there are still dozens of environmental hot
spots that continue to contaminate the food, soil, sediment,
livestock, and wildlife with Agent Orange.
(4) Agent Orange exposure continues to negatively affect
the lives of men and women in Vietnam and in the United States.
The lives of many victims, including Vietnamese, United States
veterans and their offspring, and Vietnamese-Americans, are cut
short and others live with disease, disabilities, and pain,
often untreated or unrecognized.
(5) The Department of Veterans Affairs recognizes certain
illnesses and diseases, including AL amyloidosis, chronic B-
cell leukemia, chloracne, diabetes mellitus type 2, Hodgkin's
disease, ischemic heart disease, multiple myeloma, non-
Hodgkin's lymphoma, Parkinson's disease, acute and sub-acute
peripheral neuropathy, porphyria cutanea tarda, prostate
cancer, respiratory cancers, and soft-tissue sarcomas as
associated with the spraying and use of Agent Orange by the
United States Armed Forces during the Vietnam era.
(6) No similar consideration has been given to affected
Vietnamese or Vietnamese-Americans.
(7) The Department of Veterans Affairs provides
compensation for many severe birth defects among the children
of American women veterans who served in Vietnam. The list of
birth defects covered includes but is not limited to:
achondroplasia, cleft lip, cleft palate, congenital heart
disease, congenital talipes equinovarus (clubfoot), esophageal
and intestinal atresia, Hallerman-Streiff syndrome, hip
dysplasia, Hirschsprung's disease (congenital megacolon),
hydrocephalus due to aqueductal stenosis, hypospadias,
imperforate anus, neural tube defects, Poland syndrome, pyloric
stenosis, syndactyly (fused digits), tracheoesophageal fistula,
undescended testes, and Williams syndrome. Affected children of
these women veterans receive medical care and other benefits.
(8) The only birth defect recognized for the children of
male American veterans is spina bifida (but not occulta),
resulting in most affected children receiving no benefits.
(9) No assistance has been given to the children of male or
female Vietnamese or Vietnamese-Americans connected with their
exposure, or their parent's or grandparent's exposure.
(10) The Institute of Medicine for the past several years
has noted that ``it is considerably more plausible than
previously believed that exposure to the herbicides sprayed in
Vietnam might have caused paternally mediated transgenerational
effects . . . attributable to the TCCD contaminant in Agent
Orange.'' In recent years, scientific studies have identified
likely epigenetic links between exposure to toxins and birth
defects and developmental disorders in subsequent generations.
Some of the children and grandchildren of exposed persons
(Americans, Vietnamese, and Vietnamese-Americans) who were in
southern Vietnam during the Vietnam era likely suffer from
disorders, birth defects, and illnesses related to Agent
Orange.
(11) Dating back to 2007, the United States has engaged in
environmental remediation of contamination at the Da Nang and
Bien Hoa airports, and provided funds for public health and
disabilities activities for individuals residing in some
affected areas.
(b) Purpose.--It is the purpose of this Act to address and
remediate the ongoing problems and concerns that arose or will arise
from the use of the Agent Orange during the Vietnam era.
SEC. 3. ASSISTANCE FOR INDIVIDUALS AFFECTED BY HEALTH ISSUES RELATED TO
EXPOSURE TO AGENT ORANGE.
(a) For Covered Individuals.--The Secretary of State shall provide
assistance to address the health care needs of covered individuals.
Such assistance shall include the provision of medical and chronic care
services, nursing services, vocational employment training, and medical
equipment.
(b) For Caregivers.--The Secretary of State shall provide
assistance to institutions in Vietnam that provide health care for
covered individuals. Such assistance shall include--
(1) medicines and medical equipment;
(2) custodial care, home care, respite care, and daycare
programs;
(3) training programs for caregivers;
(4) medical, physical rehabilitation, and counseling
services and equipment for illnesses and deformities associated
with exposure to Agent Orange; and
(5) reconstructive surgical programs.
(c) For Housing and Poverty Reduction.--The Secretary of State
shall provide assistance to repair and rebuild substandard homes in
Vietnam for covered individuals and the families of covered
individuals. The Secretary of State shall provide micro grants and
loans to facilitate subsistence payments and poverty reduction for
covered individuals and families of covered individuals.
(d) For Environmental Remediation.--
(1) In general.--The Secretary of State shall provide
assistance to remediate those geographic areas of Vietnam that
the Secretary determines contain high levels of Agent Orange.
(2) Priority.--In providing assistance under this
subsection, the Secretary of State shall give priority to
heavily sprayed areas, particularly areas that served as
military bases where Agent Orange was handled, and areas where
heavy spraying and air crashes resulted in harmful deposits of
Agent Orange.
(e) Administrative Authorities.--The Secretary of State shall--
(1) provide assistance under this section (other than
assistance under subsection (d)) through appropriate Vietnamese
community and nongovernmental organizations and, where
necessary, public agencies;
(2) provide assistance under this section to affected
persons in all areas of Vietnam, including rural, mountainous,
and urban areas;
(3) encourage strategic alliances between private and
public sector partners as a business model for achieving the
goals of this section; and
(4) seek out and actively encourage other bilateral donors
as well as United States and foreign business enterprises in
Vietnam to support the goals of this section through
development assistance and corporate philanthropy programs.
(f) Covered Individual Defined.--In this section, the term
``covered individual'' means in an individual who--
(1) is a resident of Vietnam; and
(2)(A) is affected by health issues related to exposure to
Agent Orange which took place during the period beginning on
January 1, 1961, and ending on May 7, 1975, or who lives or has
lived in or near those geographic areas in Vietnam that
continue to contain high levels of Agent Orange as described in
subsection (d); or
(B) is affected by health issues described in subparagraph
(A) as the child or descendant of an individual described in
subparagraph (A).
SEC. 4. PUBLIC RESEARCH.
The Secretary of State and the Secretary of Veterans Affairs shall
identify and provide assistance to support research relating to health
issues of individuals affected by Agent Orange. Such research should
include recommended focus provided by the United States Institute of
Medicine as identified in their biennial Veterans and Agent Orange
Update, and supported by the active involvement of schools of public
health and medicine located in the United States, Vietnam, and other
interested countries.
SEC. 5. DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH ASSESSMENT AND
ASSISTANCE FOR VIETNAMESE-AMERICANS.
(a) Health Assessment.--The Secretary of Health and Human Services
shall make grants to appropriate public health organizations and
Vietnamese-American organizations for the purpose of conducting a broad
health assessment of Vietnamese-Americans who may have been exposed to
Agent Orange and their children or descendants to determine the effects
to their health of such exposure.
(b) Assistance.--The Secretary of Health and Human Services shall
establish centers in locations in the United States where large
populations of Vietnamese-Americans reside for the purpose of providing
assessment, counseling, and treatment for conditions related to
exposure to Agent Orange. The Secretary may carry out this subsection
through appropriate community and nongovernmental organizations or
other suitable organizations, as determined by the Secretary.
SEC. 6. PROVISION OF BENEFITS FOR CHILDREN OF MALE VETERANS WHO SERVED
IN VIETNAM WHO ARE AFFECTED BY CERTAIN BIRTH DEFECTS.
(a) In General.--Subchapter II of chapter 18 of title 38, United
States Code, is amended--
(1) by striking ``woman Vietnam veteran'' each place it
appears and inserting ``Vietnam veteran'';
(2) by striking ``women Vietnam veterans'' each place it
appears and inserting ``Vietnam veterans''; and
(3) in the heading of such subchapter, by striking
``WOMEN''.
(b) Access to Records for Research Purposes.--Section 1813(b) of
such title is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall require any health care provider with
whom the Secretary enters into a contract under this subsection to
provide access to the medical records of individuals who receive health
care under this section to the Department of Veterans Affairs for the
purpose of conducting research or providing support for research into
the intergenerational effects of Agent Orange exposure.''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to subchapter II
and inserting the following new item:
``Subchapter II--Children of Vietnam Veterans Born With Certain Birth
Defects''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is 30 days after the date of the enactment of
this Act.
SEC. 7. DEADLINE FOR IMPLEMENTATION.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, the Secretary of Health and Human
Services, and the Secretary of Veterans Affairs shall each complete a
plan for the implementation of the provisions of this Act, and the
amendments made by this Act, applicable to such Secretary and shall
issue a request for proposals, if applicable. The Secretary of State,
the Secretary of Health and Human Services, and the Secretary of
Veterans Affairs shall each implement the provisions of this Act
applicable to such Secretary by not later than 18 months after the date
of the enactment of this Act.
SEC. 8. QUARTERLY REPORTS.
Not later than 30 days after the last day of each fiscal quarter
beginning on or after 18 months after the date of the enactment of this
Act, the Secretary of State, the Secretary of Health and Human
Services, and the Secretary of Veterans Affairs shall each submit to
Congress a report on the implementation of the provisions of this Act
applicable to such Secretary during the immediately preceding fiscal
quarter.
SEC. 9. DEFINITION.
For purposes of this Act, the term ``Agent Orange'' includes any
chemical compound which became part, either by design or through
impurities, of an herbicide agent used in support of the United States
and allied military operations in the Republic of Vietnam. | Victims of Agent Orange Relief Act of 2013 - Defines a "covered individual" as a Vietnam resident who is affected by health issues related to Agent Orange exposure which took place between January 1, 1961, and May 7, 1975, or who lives or had lived in or near geographic areas in Vietnam that continue to contain high levels of Agent Orange, or who is affected by such health issues as the child or descendant of such resident. Directs the Secretary of State to provide assistance: (1) to address the health care needs of covered individuals, (2) to institutions in Vietnam that provide health care to such individuals, (3) to repair and rebuild substandard homes in Vietnam for covered individuals and their families, and (4) to remediate geographic areas of Vietnam that contain high levels of Agent Orange. Directs the Secretary and the Secretary of Veterans Affairs (VA) to provide assistance to support research relating to health issues of individuals affected by Agent Orange. Requires the Secretary of Health and Human Services (HHS) to: (1) make grants to appropriate public health organizations and Vietnamese-American organizations to conduct a broad health assessment of Vietnamese-Americans who may have been exposed to Agent Orange and their children or descendants; and (2) establish centers in U.S. locations where large populations of Vietnamese-Americans reside to provide assessment, counseling, and treatment for conditions related to Agent Orange exposure. Amends veterans benefits provisions to provide benefits to the children of male (currently only female) Vietnam veterans who are affected by certain birth defects. Requires the VA Secretary to require any health care provider with whom the Secretary enters into a contract for the provision of health care to such children to provide the VA access to the medical records of such children for research into the intergenerational effects of Agent Orange exposure. | {"src": "billsum_train", "title": "Victims of Agent Orange Relief Act of 2013"} | 2,728 | 370 | 0.51087 | 1.725713 | 0.743484 | 5.096866 | 6.854701 | 0.948718 |
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