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SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Fund for Ireland
Enhancement Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has been effectively engaged in the
Northern Ireland peace process by participating in negotiations
and contributing to the economic development of both Northern
Ireland and the border areas of the Republic of Ireland that
are affected by the conflict in Northern Ireland.
(2) The Government of Ireland, the Irish people, the
Government of the United Kingdom, and the British people are
longstanding friends of the United States Government and the
people of the United States.
(3) In 1986, the United States, in support of the Agreement
Between the Government of Ireland and the Government of the
United Kingdom dated November 15, 1985 (``Anglo-Irish
Agreement''), established the International Fund for Ireland
(``International Fund'') to help bolster economic development
and support programs that would foster peace and reconciliation
in Northern Ireland and the affected border areas of the
Republic of Ireland.
(4) The United States has been a generous and faithful
donor to the International Fund, contributing more than
$386,000,000 to help improve relations between Catholics and
Protestants in Northern Ireland through the creation of
thousands of jobs and the development of business opportunities
that allow Catholics and Protestants to work together.
(5) More than 80 percent of the International Fund's
investments have been in disadvantaged areas. Programs funded
by the investments offer work experience and important job
training programs to disadvantaged and unemployed youth through
the economic, social, and physical regeneration of such areas.
(6) The International Fund has also developed a series of
community-building programs promoting greater dialogue and
understanding between Catholics and Protestants and leadership
programs designed to develop a new generation of leaders in
Northern Ireland to bring about a more peaceful and prosperous
future in the region.
(7) Section 2(b) of the Anglo-Irish Agreement Support Act
of 1986 (Public Law 99-415; 100 Stat. 947), states that the
purpose of the contributions from the United States to the
International Fund is to support the promotion of
``reconciliation in Northern Ireland and the establishment of a
society in Northern Ireland in which all may live in peace,
free from discrimination, terrorism, and intolerance, and with
the opportunity for both communities to participate fully in
the structures and processes of government''.
(8) Assistance from the United States to the International
Fund has contributed greatly to the economic development of
Northern Ireland and to accomplishing the objectives of the
Anglo-Irish Agreement Support Act of 1986, namely economic
development and reconciliation, which are critical to achieving
a just and lasting peace in the region, especially in the
economically depressed areas of Northern Ireland.
(9) The Agreement Reached in the Multi-Party Negotiations
in Belfast on April 10, 1998 (the ``Good Friday Agreement'')
created the Northern Ireland Executive Assembly and Executive
Committee and provided for a ``democratically elected Assembly
in Northern Ireland which is inclusive in its membership,
capable of exercising executive and legislative authority, and
subject to safeguards to protect the rights and interests of
all sides of the community''.
(10) The Good Friday Agreement also called for police
reform and establishment of a ``new beginning'' in policing in
Northern Ireland with an effective, accountable, and fair
police service, which is capable of attracting and sustaining
support from the community as a whole, capable of maintaining
law and order, and based on principles of protection of human
rights.
(11) In 1999, the Independent Commission on Policing in
Northern Ireland, a commission required by the Good Friday
Agreement, made 175 recommendations for policing reform in
Northern Ireland, some of which have been implemented.
(12) In 2002, the Department of State issued a report
required by section 701(d) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116
Stat. 1419), called the ``Report on Policing Reform and Human
Rights in Northern Ireland''. The report concluded that a new
police training facility and an increase in funding for police
training programs were critically needed in Northern Ireland.
SEC. 3. AMENDMENTS TO THE ANGLO-IRISH AGREEMENT SUPPORT ACT OF 1986.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Assistance from the United States for the International
Fund for Ireland (``International Fund'') has contributed
greatly to the economic development of Northern Ireland and
that both objectives of the Anglo-Irish Agreement Support Act
of 1986 (Public Law 99-415; 100 Stat. 947), namely economic
development and reconciliation, remain critical to achieving a
just and lasting peace in the region, especially in the
economically-depressed areas; and
(2) since policing reform is a significant part of winning
public confidence in and acceptance of the new form of
government in Northern Ireland, the International Fund is
encouraged to support programs that enhance relations between
communities and enhance relations between the police and the
communities they serve, promote human rights training for
police, and enhance peaceful mediation in neighborhoods of
continued conflict.
(b) Amendments.--
(1) Findings and purposes.--Section 2(b) of the Anglo-Irish
Agreement Support Act of 1986 (Public Law 99-415; 100 Stat.
947) is amended by adding at the end the following new
sentence: ``Furthermore, the International Fund is encouraged
to support programs that enhance relations between communities
and enhance relations between the police and the communities
they serve, promote human rights training for police, enhance
peaceful mediation in neighborhoods of continued conflict,
promote training programs to enhance the new district
partnership police boards recommended by the Patten Commission,
and assist in the transition of former British military
installations and prisons into sites for peaceful, community-
supported activities, such as housing, retail, and commercial
development.''.
(2) United states contributions to the international
funds.--Section 3 of the Anglo-Irish Agreement Support Act of
1986 (Public Law 99-415; 100 Stat. 947) is amended by adding at
the end, the following new subsection:
``(c) Fiscal Years 2006 and 2007.--Of the amounts made available
for fiscal years 2006 and 2007 to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the
economic support fund), there are authorized to be appropriated
$20,000,000 for each such fiscal year for United States contributions
to the International Fund. Amounts appropriated pursuant to the
authorization of appropriations under the preceding sentence are
authorized to remain available until expended. Of the amount authorized
to be appropriated for fiscal years 2006 and 2007 under this
subsection, it is the sense of Congress that not less than 35 percent
of such amount for each such fiscal year should be used to carry out
the last sentence of section 2(b).''.
(c) Annual Reports.--Section 6(1) of the Anglo-Irish Agreement
Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is amended by
inserting before the semicolon the following: ``, specifically through
improving local community relations and relations between the police
and the people they serve''. | International Fund for Ireland Enhancement Act of 2005 - Expresses the sense of Congress that: (1) U.S. assistance for the International Fund for Ireland has contributed greatly to the economic development of Northern Ireland and that both objectives of the Anglo-Irish Agreement Support Act of 1986, economic development and reconciliation, remain critical to achieving peace in the region, especially in the economically-depressed areas; and (2) the Fund is encouraged to support programs that enhance relations between communities and enhance relations between the police and the communities they serve, promote human rights training for police, and enhance peaceful mediation in neighborhoods of continued conflict.
Amends the Anglo-Irish Agreement Support Act of 1986 to encourage the Fund to support programs that: (1) enhance relations between communities, and between the police and the communities they serve; (2) promote human rights training for police; (3) enhance peaceful mediation in neighborhoods of continued conflict; (4) promote training programs to enhance the new district partnership police boards recommended by the Patten Commission; and (5) assist in the transition of former British military installations and prisons into sites for peaceful, community-supported activities, such as housing, retail, and commercial development.
Authorizes FY2006-FY2007 appropriations for U.S. contributions to the Fund. Expresses the sense of Congress that at least 35% of such amount for each such fiscal year should be used to carry out programs to improve local community relations and relations between the police and the people they serve. | {"src": "billsum_train", "title": "A bill to authorize appropriations for fiscal years 2006 and 2007 for United States contributions to the International Fund for Ireland, and for other purposes."} | 1,555 | 306 | 0.618889 | 2.183356 | 0.754952 | 6.184028 | 5.267361 | 0.961806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Young Consumers Act of
2006''.
SEC. 2. PROTECTION OF YOUNG CONSUMERS FROM PRESCREENED CREDIT OFFERS.
(a) In General.--Section 604(c)(1)(B) of the Fair Credit Reporting
Act (15 U.S.C. 1681(c)(1)(B)) is amended--
(1) in clause (ii), by striking ``and'' at the end; and
(2) in clause (iii), by striking the period at the end and
inserting the following: ``; and
``(iv) the consumer report indicates that the
consumer is age 21 or older, except that a consumer who
is at least 18 years of age may elect, in accordance
with subsection (e)(7), to authorize the consumer
reporting agency to include the name and address of the
consumer in any list of names provided by the agency
pursuant to this paragraph.''.
(b) Opt-in for Young Consumers.--Section 604(e) of the Fair Credit
Reporting Act (15 U.S.C. 1681(e)) is amended--
(1) by striking the subsection heading and inserting the
following:
``(e) Election of Consumers Regarding Lists.--''; and
(2) by adding at the end the following:
``(7) Opt-in for underage consumers.--
``(A) In general.--A consumer who is at least 18
years of age, but has not attained his or her 21st
birthday may elect to have the name and address of the
consumer included in any list provided by a consumer
reporting agency under subsection (c)(1)(B) in
connection with a credit or insurance transaction that
is not initiated by the consumer by notifying the
agency in accordance with subparagraph (B) that the
consumer consents to the use of a consumer report
relating to the consumer in connection with any credit
or insurance transaction that is not initiated by the
consumer.
``(B) Manner of notification.--An election by a
consumer described in subparagraph (A) shall be in
writing, using a signed notice of election form issued
or made available electronically by the agency at the
request of the consumer for purposes of this paragraph.
``(C) Effectiveness of election.--An election by a
consumer under subparagraph (A) to be included in a
list provided by a consumer reporting agency--
``(i) shall be effective until the earlier
of--
``(I) the 21st birthday of the
consumer; or
``(II) the date on which the
consumer notifies the agency, through
the notification system established by
the agency under paragraph (5), that
the election is no longer effective;
and
``(ii) shall be effective with respect to
each affiliate of the agency.
``(D) Rule of construction.--An election by a
consumer under subparagraph (A) to be included in a
list provided by a consumer reporting agency may not be
construed to limit the applicability of this subsection
to any person age 21 or older, and such person may
elect to be excluded from any such list after the
attainment of his or her 21st birthday in the manner
otherwise provided under this subsection.''.
SEC. 3. PROMOTING YOUTH FINANCIAL LITERACY.
(a) In General.--Title IV of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end
the following:
``PART D--PROMOTING YOUTH FINANCIAL LITERACY
``SEC. 4401. SHORT TITLE AND FINDINGS.
``(a) Short Title.--This part may be cited as the `Youth Financial
Education Act'.
``(b) Findings.--Congress finds the following:
``(1) In order to succeed in our dynamic American economy,
young people must obtain the skills, knowledge, and experience
necessary to manage their personal finances and obtain general
financial literacy. All young adults should have the
educational tools necessary to make informed financial
decisions.
``(2) Despite the critical importance of financial literacy
to young people, the average high school graduate lacks basic
skills in the management of personal financial affairs. A
nationwide survey conducted in 2004 by the Jump$tart Coalition
for Personal Financial Literacy examined the financial
knowledge of 4,074 12th graders. On average, survey respondents
answered only 52 percent of the questions correctly, up only
slightly from the 50 percent average score in 2002.
``(3) An evaluation by the National Endowment for Financial
Education High School Financial Planning Program undertaken
jointly with the Cooperative State Research, Education, and
Extension Service of the Department of Agriculture demonstrates
that as little as 10 hours of classroom instruction can impart
substantial knowledge and affect significant change in how
teens handle their money.
``(4) State educational leaders have recognized the
importance of providing a basic financial education to students
in kindergarten through grade 12 by integrating financial
education into State educational standards, but by 2004, only 7
States required students to complete a course that covered
personal finance before graduating from high school.
``(5) Teacher training and professional development are
critical to achieving youth financial literacy. Teachers should
be given the tools they need to educate our Nation's youth on
personal finance and economics.
``(6) Personal financial education helps prepare students
for the workforce and for financial independence by developing
their sense of individual responsibility, improving their life
skills, and providing them with a thorough understanding of
consumer economics that will benefit them for their entire
lives.
``(7) Financial education integrates instruction in
valuable life skills with instruction in economics, including
income and taxes, money management, investment and spending,
and the importance of personal savings.
``(8) The consumers and investors of tomorrow are in our
schools today. The teaching of personal finance should be
encouraged at all levels of our Nation's educational system,
from kindergarten through grade 12.
``SEC. 4402. STATE GRANT PROGRAM.
``(a) Program Authorized.--The Secretary is authorized to award
grants, from allocations under subsection (c), to State educational
agencies to develop and integrate youth financial education programs
for students in elementary schools and secondary schools.
``(b) State Plan.--
``(1) Approved state plan required.--To be eligible to
receive a grant under this section, a State educational agency
shall submit an application to the Secretary that--
``(A) includes a State plan in accordance with
paragraph (2); and
``(B) is approved by the Secretary.
``(2) State plan contents.--The State plan referred to in
paragraph (1) shall include--
``(A) a description of how the State educational
agency will use the grant funds;
``(B) a description of how the programs supported
by the grant will be coordinated with other relevant
Federal, State, regional, and local programs; and
``(C) a description of how the State educational
agency will evaluate program performance.
``(c) Allocation of Funds.--
``(1) Allocation factors.--Except as otherwise provided in
paragraph (2), the Secretary shall allocate the amounts made
available to carry out this section pursuant to subsection (a)
to each State according to the relative populations in all of
the States of students in kindergarten through grade 12, as
determined by the Secretary based on the most recent
satisfactory data.
``(2) Minimum allocation.--Subject to the availability of
appropriations, and notwithstanding paragraph (1), a State that
has submitted a plan under subsection (b) that is approved by
the Secretary shall be allocated a grant under this section
that is not less than $500,000 for a fiscal year.
``(3) Reallocation.--In any fiscal year, the Secretary
shall reallocate, to States with approved plans under this
section in accordance with paragraph (1), an allocation under
this subsection--
``(A) for any State that has not submitted a plan
under subsection (b); or
``(B) for any State whose plan submitted under
subsection (b) has been disapproved by the Secretary.
``(d) Use of Grant Funds.--
``(1) Required uses.--A grant made to a State educational
agency under this part shall be used--
``(A) to provide funds to local educational
agencies and public schools to carry out financial
education programs for students in kindergarten through
grade 12, based on the concept of achieving financial
literacy through the teaching of personal financial
management skills and the basic principles involved
with earning, spending, saving, and investing;
``(B) to carry out professional development
programs to prepare teachers and administrators for
financial education; and
``(C) to monitor and evaluate programs supported
under subparagraphs (A) and (B).
``(2) Limitation on administrative costs.--A State
educational agency receiving a grant under subsection (a) may
use not more than 4 percent of the total amount of the grant in
any fiscal year for the administrative costs of carrying out
this section.
``(e) Report to the Secretary.--
``(1) In general.--Each State educational agency receiving
a grant under this section shall transmit a report to the
Secretary with respect to each fiscal year for which a grant is
received.
``(2) Content of report.--Each report required under
paragraph (1) shall describe--
``(A) the programs supported by the grant; and
``(B) the results of the State educational agency's
monitoring and evaluation of such programs.
``SEC. 4403. CLEARINGHOUSE.
``(a) Authority.--Subject to the availability of appropriations,
the Secretary shall make a grant to, or execute a contract with, an
eligible entity with substantial experience in the field of financial
education, such as the Jump$tart Coalition for Personal Financial
Literacy, to establish, operate, and maintain a national clearinghouse
(in this part referred to as the `Clearinghouse') for instructional
materials and information regarding model financial education programs
and best practices.
``(b) Eligible Entity.--In this section, the term `eligible entity'
means a national nonprofit organization with a proven record of--
``(1) cataloging youth financial literacy materials; and
``(2) providing support services and materials to schools
and other organizations that work to promote youth financial
literacy.
``(c) Application.--An eligible entity desiring to establish,
operate, and maintain the Clearinghouse shall submit an application to
the Secretary at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require.
``(d) Basis and Term.--The Secretary shall make the grant or
contract authorized under subsection (a) on a competitive, merit basis
for a term of 5 years.
``(e) Use of Funds.--The Clearinghouse shall use the funds provided
under a grant or contract made under subsection (a)--
``(1) to maintain a repository of instructional materials
and related information regarding financial education programs
for elementary schools and secondary schools, including
kindergartens, for use by States, localities, and the general
public;
``(2) to disseminate to States, localities, and the general
public, through electronic and other means, instructional
materials and related information regarding financial education
programs for elementary schools and secondary schools,
including kindergartens; and
``(3) to the extent that resources allow, to provide
technical assistance to States, localities, and the general
public on the design, establishment, and implementation of
financial education programs for elementary schools and
secondary schools, including kindergartens.
``(f) Consultation.--The chief executive officer of the eligible
entity selected to establish and operate the Clearinghouse shall
consult with the Department of the Treasury and the Securities and
Exchange Commission with respect to its activities under subsection
(e).
``(g) Submission to Clearinghouse.--Each Federal agency or
department that develops financial educational programs and
instructional materials for such programs shall submit to the
Clearinghouse information on the programs and copies of the materials.
``(h) Application of Copyright Laws.--In carrying out this section,
the Clearinghouse shall comply with the provisions of title 17, United
States Code.
``SEC. 4404. EVALUATION AND REPORT.
``(a) Performance Measures.--The Secretary shall develop measures
to evaluate the performance of programs assisted under sections 4402
and 4403.
``(b) Evaluation According to Performance Measures.--Applying the
performance measures developed under subsection (a), the Secretary
shall evaluate programs assisted under sections 4402 and 4403--
``(1) to judge the programs' performance and effectiveness;
``(2) to identify which of the programs represent the best
practices of entities developing financial education programs
for students in kindergarten through grade 12; and
``(3) to identify which of the programs may be replicated
and used to provide technical assistance to States, localities,
and the general public.
``(c) Report.--
``(1) In general.--For each fiscal year for which there are
appropriations under section 4407(a), the Secretary shall
transmit a report to Congress describing the status of the
implementation of this part.
``(2) Contents of report.--The report required under
paragraph (1) shall include--
``(A) the results of the evaluation required under
subsection (b); and
``(B) a description of the programs supported under
section 4402.
``SEC. 4405. DEFINITIONS.
``In this part:
``(1) Financial education.--The term `financial education'
means educational activities and experiences, planned and
supervised by qualified teachers, that enable students--
``(A) to understand basic economic and consumer
principles;
``(B) to acquire the skills and knowledge necessary
to manage personal and household finances; and
``(C) to develop a range of competencies that will
enable the students to become responsible consumers.
``(2) Qualified teacher.--The term `qualified teacher'
means a teacher who holds a valid teaching certification or is
considered to be qualified by the State educational agency in
the State in which the teacher works.
``SEC. 4406. PROHIBITION.
``Nothing in this part shall be construed to authorize an officer
or employee of the Federal Government to mandate, direct, or control a
State, local educational agency, or school's specific instructional
content, curriculum, or program of instruction, as a condition of
eligibility to receive funds under this part.
``SEC. 4407. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--For the purposes of carrying out this part,
there are authorized to be appropriated $100,000,000 for each of the
fiscal years 2007 through 2011.
``(b) Limitation on Funds for Clearinghouse.--The Secretary may use
not less than 2 percent and not more than 5 percent of amounts
appropriated under subsection (a) for each fiscal year to carry out
section 4403.
``(c) Limitation on Funds for Secretary Evaluation.--The Secretary
may use not more than $200,000 from the amounts appropriated under
subsection (a) for each fiscal year to carry out subsections (a) and
(b) of section 4404.
``(d) Limitation on Administrative Costs.--Except as necessary to
carry out subsections (a) and (b) of section 4404 using amounts
described in subsection (c), the Secretary shall not use any portion of
the amounts appropriated under subsection (a) for the costs of
administering this part.''.
(b) Table of Contents.--The table of contents of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 note) is amended by
inserting after the item relating to section 4304 the following:
``PART D--PROMOTING YOUTH FINANCIAL LITERACY
``Sec. 4401. Short title and findings.
``Sec. 4402. State grant program.
``Sec. 4403. Clearinghouse.
``Sec. 4404. Evaluation and report.
``Sec. 4405. Definitions.
``Sec. 4406. Prohibition.
``Sec. 4407. Authorization of appropriations.''.
(c) GAO Study.--
(1) Study.--The Comptroller General shall conduct an annual
study of the effectiveness of the programs and activities
assisted under part D of title IV of the Elementary and
Secondary Education Act of 1965.
(2) Report.--The Comptroller General shall prepare and
submit to Congress a report on the results of each study
conducted under paragraph (1). The first such report shall be
submitted 1 year after the date of enactment of this Act and
subsequent reports shall be submitted each year thereafter.
(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2007 and each of the 4 succeeding
fiscal years thereafter. | Protection of Young Consumers Act of 2006 - Amends the Fair Credit Reporting Act to prohibit consumer reporting agencies from furnishing reports in connection with firm offers of credit or insurance that are not initiated by consumers under age 21. Allows consumers who are at least 18, but not yet 21, to elect, in writing, to have their names and addresses included in any list of names provided by such agencies in connection with such transactions.
Youth Financial Education Act - Amends the Elementary and Secondary Education Act of 1965 to establish a new title IV part D Promoting Youth Financial Literacy. Authorizes the Secretary of Education to award grants to state educational agencies to implement financial education programs for elementary and secondary school students. Makes a state's allocation proportionate to its share of such students.
Directs the Secretary to: (1) make a competitive five year grant to, or contract with, a national nonprofit organization to establish a national clearinghouse for instructional materials and information on model financial education programs and best practices; and (2) develop and use performance measures to evaluate the financial education programs and clearinghouse established pursuant to this Act. | {"src": "billsum_train", "title": "A bill to protect consumers, and especially young consumers, from skyrocketing consumer debt and the barrage of credit card solicitations, to establish a financial literacy and education program in elementary and secondary schools to help prepare young people to be financially responsible consumers, and for other purposes."} | 3,749 | 233 | 0.541834 | 1.479365 | 0.751548 | 2.415888 | 16.383178 | 0.920561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless Tax Fairness Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is appropriate to exercise congressional enforcement
authority under section 5 of the 14th Amendment to the
Constitution of the United States and Congress' plenary power
under article I, section 8, clause 3 of the Constitution of the
United States (commonly known as the ``commerce clause'') in
order to ensure that States and political subdivisions thereof
do not discriminate against providers and consumers of mobile
services by imposing new selective and excessive taxes and
other burdens on such providers and consumers.
(2) In light of the history and pattern of discriminatory
taxation faced by providers and consumers of mobile services,
the prohibitions against and remedies to correct discriminatory
State and local taxation in section 306 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (49 U.S.C.
11501) provide an appropriate analogy for congressional action,
and similar Federal legislative measures are warranted that
will prohibit imposing new discriminatory taxes on providers
and consumers of mobile services and that will assure an
effective, uniform remedy.
SEC. 3. MORATORIUM.
(a) In General.--No State or local jurisdiction shall impose a new
discriminatory tax on or with respect to mobile services, mobile
service providers, or mobile service property, during the 5-year period
beginning on the date of enactment of this Act.
(b) Definitions.--In this Act:
(1) Mobile service.--The term ``mobile service'' means
commercial mobile radio service, as such term is defined in
section 20.3 of title 47, Code of Federal Regulations, as in
effect on the date of enactment of this Act, or any other
service that is primarily intended for receipt on, transmission
from, or use with a mobile telephone or other mobile device,
including but not limited to the receipt of a digital good.
(2) Mobile service property.--The term ``mobile service
property'' means all property used by a mobile service provider
in connection with its business of providing mobile services,
whether real, personal, tangible, or intangible (including
goodwill, licenses, customer lists, and other similar
intangible property associated with such business).
(3) Mobile service provider.--The term ``mobile service
provider'' means any entity that sells or provides mobile
services, but only to the extent that such entity sells or
provides mobile services.
(4) New discriminatory tax.--The term ``new discriminatory
tax'' means a tax imposed by a State or local jurisdiction that
is imposed on or with respect to, or is measured by, the
charges, receipts, or revenues from or value of--
(A) a mobile service and is not generally imposed,
or is generally imposed at a lower rate, on or with
respect to, or measured by, the charges, receipts, or
revenues from other services or transactions involving
tangible personal property;
(B) a mobile service provider and is not generally
imposed, or is generally imposed at a lower rate, on
other persons that are engaged in businesses other than
the provision of mobile services; or
(C) a mobile service property and is not generally
imposed, or is generally imposed at a lower rate, on or
with respect to, or measured by the value of, other
property that is devoted to a commercial or industrial
use and subject to a property tax levy, except public
utility property owned by a public utility subject to
rate of return regulation by a State or Federal
regulatory authority;
unless such tax was imposed and actually enforced on mobile
services, mobile service providers, or mobile service property
prior to the date of enactment of this Act.
(5) State or local jurisdiction.--The term ``State or local
jurisdiction'' means any of the several States, the District of
Columbia, any territory or possession of the United States, a
political subdivision of any State, territory, or possession,
or any governmental entity or person acting on behalf of such
State, territory, possession, or subdivision that has the
authority to assess, impose, levy, or collect taxes or fees.
(6) Tax.--
(A) In general.--The term ``tax'' means a charge
imposed by a governmental entity for the purpose of
generating revenues for governmental purposes, and
excludes a fee imposed on a particular entity or class
of entities for a specific privilege, service, or
benefit conferred exclusively on such entity or class
of entities.
(B) Exclusion.--The term ``tax'' does not include
any fee or charge--
(i) used to preserve and advance Federal
universal service or similar State programs
authorized by section 254 of the Communications
Act of 1934 (47 U.S.C. 254);
(ii) specifically dedicated by a State or
local jurisdiction for the support of E-911
communications systems; or
(iii) used to preserve and advance Federal
telecommunications relay services or State
programs implementing this Federal mandate
pursuant to title IV of the Americans with
Disabilities Act of 1990 (Public Law 101-336;
104 Stat. 327) and codified in section 225 of
the Communications Act of 1934 (47 U.S.C. 225).
(c) Rules of Construction.--
(1) Determination.--For purposes of subsection (b)(4), all
taxes, tax rates, exemptions, deductions, credits, incentives,
exclusions, and other similar factors shall be taken into
account in determining whether a tax is a new discriminatory
tax.
(2) Application of principles.--Except as otherwise
provided in this Act, in determining whether a tax on mobile
service property is a new discriminatory tax for purposes of
subsection (b)(4)(C), principles similar to those set forth in
section 306 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (49 U.S.C. 11501) shall apply.
(3) Exclusions.--Notwithstanding any other provision of
this Act--
(A) the term ``generally imposed'' as used in
subsection (b)(4) shall not apply to any tax imposed
only on--
(i) specific services;
(ii) specific industries or business
segments; or
(iii) specific types of property; and
(B) the term ``new discriminatory tax'' shall not
include a new tax or the modification of an existing
tax that either--
(i)(I) replaces one or more taxes that had
been imposed on mobile services, mobile service
providers, or mobile service property; and
(II) is designed so that, based on
information available at the time of the
enactment of such new tax or such modification,
the amount of tax revenues generated thereby
with respect to such mobile services, mobile
service providers, or mobile service property
is reasonably expected to not exceed the amount
of tax revenues that would have been generated
by the respective replaced tax or taxes with
respect to such mobile services, mobile service
providers, or mobile service property; or
(ii) is a local jurisdiction tax that may
not be imposed without voter approval, provides
for at least 90 days' prior notice to mobile
service providers, and is required by law to be
collected from mobile service customers.
SEC. 4. ENFORCEMENT.
Notwithstanding any provision of section 1341 of title 28, United
States Code, or the constitution or laws of any State, the district
courts of the United States shall have jurisdiction, without regard to
amount in controversy or citizenship of the parties, to grant such
mandatory or prohibitive injunctive relief, interim equitable relief,
and declaratory judgments as may be necessary to prevent, restrain, or
terminate any acts in violation of this Act.
(1) Jurisdiction.--Such jurisdiction shall not be exclusive
of the jurisdiction which any Federal or State court may have
in the absence of this section.
(2) Burden of proof.--The burden of proof in any proceeding
brought under this Act shall be upon the party seeking relief
and shall be by a preponderance of the evidence on all issues
of fact.
(3) Relief.--In granting relief against a tax which is
discriminatory or excessive under this Act with respect to tax
rate or amount only, the court shall prevent, restrain, or
terminate the imposition, levy, or collection of not more than
the discriminatory or excessive portion of the tax as
determined by the court.
SEC. 5. GAO STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study, throughout the 5-year period beginning on the date of
the enactment of this Act, to determine--
(1) how, and the extent to which, taxes imposed by local
and State jurisdictions on mobile services, mobile service
providers, or mobile property, impact the costs consumers pay
for mobile services; and
(2) the extent to which the moratorium on discriminatory
mobile services taxes established in this Act has any impact on
the costs consumers pay for mobile services.
(b) Report.--Not later than 6 years after the date of the enactment
of this Act, the Comptroller General shall submit, to the Committee on
the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate, a report containing the results of the study
required under subsection (a) and shall include in such report
recommendations for any changes to laws and regulations relating to
such results. | Wireless Tax Fairness Act of 2015 This bill prohibits states or local governments from imposing any new discriminatory tax on or with respect to mobile services, mobile service providers, or mobile service property for five years after the enactment of this Act. A "new discriminatory tax" is a tax imposed on mobile services, providers, or property that is not generally imposed on other types of services or property, or that is generally imposed at a lower rate, unless such tax was imposed and actually enforced prior to the enactment date of this Act. The bill grants jurisdiction to federal district courts to provide injunctive and other appropriate relief to prevent, restrain, or terminate any acts in violation of this Act. The bill requires the Government Accountability Office to study and report on the impact of: (1) state and local taxes on mobile services, providers, or property on the costs consumers pay for mobile services; and (2) the prohibition in this Act against discriminatory mobile services taxes on such costs. | {"src": "billsum_train", "title": "Wireless Tax Fairness Act of 2015"} | 2,064 | 218 | 0.655425 | 1.993452 | 0.852255 | 3.626943 | 9.953368 | 0.911917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshoring Prevention Act''.
SEC. 2. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS
ATTRIBUTABLE TO IMPORTED PROPERTY.
(a) General Rule.--Subsection (a) of section 954 of the Internal
Revenue Code of 1986 is amended by striking the period at the end of
paragraph (5) and inserting ``, and'', by redesignating paragraph (5)
as paragraph (4), and by adding at the end the following new paragraph:
``(5) imported property income for the taxable year
(determined under subsection (j) and reduced as provided in
subsection (b)(5)).''.
(b) Definition of Imported Property Income.--Section 954 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(j) Imported Property Income.--
``(1) In general.--For purposes of subsection (a)(5), 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.
``(D) Exception for certain agricultural
commodities.--The term `imported property' does not
include any agricultural commodity which is not grown
in the United States in commercially marketable
quantities.
``(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 intangible property (as
defined in section 936(h)(3)(B)) in the United States.
``(B) United states.--For purposes of this
subsection, the term `United States' includes the
Commonwealth of Puerto Rico, the Virgin Islands of the
United States, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(C) 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.
``(D) 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) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at
the end of subparagraph (A), by redesignating subparagraph (B)
as subparagraph (C), and by inserting after subparagraph (A)
the following new subparagraph:
``(B) imported property income, and''.
(2) Imported property income defined.--Paragraph (2) of
section 904(d) of such Code is amended by redesignating
subparagraphs (I) and (K) as subparagraphs (J) and (K)
respectively, and by inserting after subparagraph (H) the
following new subparagraph:
``(I) 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(j)).''.
(3) Conforming amendment.--Clause (ii) of section
904(d)(2)(A) of such Code is amended by inserting ``or imported
property income'' after ``passive category income''.
(d) Technical Amendments.--
(1) Clause (iii) of section 952(c)(1)(B) of the Internal
Revenue Code of 1986 is amended--
(A) by redesignating subclauses (II), (III), (IV),
and (V) as subclauses (III), (IV), (V), and (VI), and
(B) by inserting after subclause (I) the following
new subclause:
``(II) imported property income,''.
(2) The last sentence of paragraph (4) of section 954(b) of
such Code is amended by striking ``subsection (a)(5)'' and
inserting ``subsection (a)(4)''.
(3) Paragraph (5) of section 954(b) of such Code 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.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after the date
of the enactment of this Act, and to taxable years of United States
shareholders within which or with which such taxable years of such
foreign corporations end. | Offshoring Prevention Act This bill amends the Internal Revenue Code to include imported property income in foreign base company income, for purposes of determining the income of controlled foreign corporations. The bill defines "imported property income" as, with certain exceptions, income derived in connection with: manufacturing, producing, growing, or extracting imported property; the sale, exchange, or other disposition of imported property; or the lease, rental, or licensing of imported property. The bill also provides for a separate application of limitations on the foreign tax credit for imported property income. | {"src": "billsum_train", "title": "Offshoring Prevention Act"} | 1,504 | 117 | 0.58034 | 1.444864 | 0.590449 | 3.589286 | 11.955357 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postal Operations Sustainment and
Transformation Act of 2010'' or the ``POST Act of 2010''.
SEC. 2. MODIFIED METHODOLOGY.
(a) In General.--Section 8348(h) of title 5, United States Code, is
amended--
(1) in paragraph (2)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) The Office shall redetermine the Postal
surplus or supplemental liability as of the close of
the fiscal year ending September 30, 2010, and for each
year thereafter, through the fiscal year ending
September 30, 2042. The results of the redetermination,
including appropriate supporting analyses and
documentation, shall be reported to the Postal Service
on or before March 31 of the subsequent fiscal year. If
the result for a fiscal year is a surplus, that amount
shall remain in the Fund until distribution is
authorized under subparagraph (C). Beginning March 31,
2017, if the result is a supplemental liability, the
Office shall establish an amortization schedule,
including a series of annual installments commencing on
September 30 of the subsequent fiscal year, which
provides for the liquidation of such liability by
September 30, 2042.''; and
(B) in subparagraph (C)--
(i) by inserting ``(i)'' after ``(C)'';
(ii) by striking ``2015, 2025, 2035, and
2039'' and inserting ``2017, 2022, 2027, 2032,
2037, and 2042''; and
(iii) by adding at the end the following:
``(ii)(I) As of the close of the fiscal years
ending September 30, 2010, 2011, 2012, 2013, 2014,
2015, and 2016, if the result is a surplus, that
amount, or any part of that amount, may be transferred
to the Postal Service Retiree Health Benefits Fund.
``(II) Any transfer under subclause (I) shall be--
``(aa) made at the discretion of the Board
of Governors of the Postal Service in the
amount determined by the Board of Governors,
except the amount may not exceed the amount
under section 8909a(d)(3)(A) for the applicable
fiscal year; and
``(bb) credited to the Postal Service for
payment of the amount required under section
8909a(d)(3)(A) for the applicable fiscal year.
``(III) The Board of Governors shall--
``(aa) provide written notice to the Office
of any amount to be transferred under this
clause; and
``(bb) take all actions under this clause
by a majority vote.
``(IV) The Office shall transfer any amount
determined by the Board of Governors to the credit of
the Postal Service in accordance with this clause.'';
and
(2) by adding at the end the following:
``(4) To the extent that a determination under paragraph
(1)(A), relating to benefits attributable to civilian
employment with the United States Postal Service, is based on
the first sentence of section 8339(a), such determination shall
be made in accordance with such sentence and otherwise
applicable provisions of law, subject to the following:
``(A) The `average pay' used in the case of any
individual shall be a single amount, determined in
accordance with section 8331(4), taking into account
the rates of basic pay in effect for such individual
during the periods of creditable service performed by
such individual. Nothing in this subsection shall be
considered to permit or require--
``(i) one determination of average pay with
respect to service performed with the United
States Postal Service; and
``(ii) a separate determination of average
pay with respect to service performed with its
predecessor entity in function.
``(B) To determine the portion of an annuity
attributable to civilian employment with the United
States Postal Service, the appropriate percentage to
apply under the provisions of section 8339(a) with
respect to such employment is, in the case of--
``(i) any period of employment with the
United States Postal Service which follows
``(ii) any other period of employment
creditable under section 8332 (whether with the
entity referred to under subparagraph (A)(ii)
or otherwise),
the applicable percentage under such provisions,
determined after taking into account any periods of
employment described in clause (ii) which precede the
period of employment (described in clause (i)) as to
which the determination of the appropriate percentage
to apply under section 8339(a) is being made.''.
(b) Intent of Congress.--It is the intent of Congress that the
amendments made by this section apply with respect to the allocation of
past, present, and future benefit liabilities between the United States
Postal Service and the Treasury of the United States.
SEC. 3. OTHER POSTAL SERVICE PROVISIONS.
(a) Postal Policy.--Section 101(b) of title 39, United States Code,
is amended--
(1) by striking ``a maximum degree of''; and
(2) by striking ``where post offices'' and all that follows
through ``a deficit''.
(b) Specific Powers.--Section 404 of title 39, United States Code,
is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) to provide other services that are not postal
services, as defined in section 102(5), after determining that
the provision of such services utilizes the processing,
transportation, delivery, retail network, or technology of the
Postal Service in a manner that is consistent with the public
interest;'';
(2) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``shall
consider--'' and inserting the following: ``shall give
primary consideration to whether such closing or
consolidation is consistent with the policy of the
Government, as stated in section 101(b) of this title,
that the Postal Service shall provide effective and
regular postal services to rural areas, communities,
and small towns;
``(B) shall also consider--'';
(B) by striking ``whether such closing'' and all
that follows through ``(iv)'';
(C) by striking ``(v)'' and inserting ``(iv)''; and
(D) by striking ``(B)'' and inserting ``(C)''; and
(3) in subsection (e)(1), by inserting before the period at
the end the following: ``, except that the term `nonpostal
service' shall not include any service that may be offered
pursuant to specific authority in this title or pursuant to
other statutory authority''.
(c) Cooperation With Other Agencies.--Section 411 of title 39,
United States Code, is amended in the first sentence by striking ``and
the Government Printing Office'' inserting ``, the Government Printing
Office, and agencies and other units of State and local governments''.
(d) Wine and Beer Shipping.--
(1) Mailability.--
(A) Nonmailable articles.--Section 1716(f) of title
18, United States Code, is amended, by striking
``mails'' and inserting ``mails, except to the extent
that the mailing is allowable under section 3001(p) of
title 39''.
(B) Intoxicants.--Section 1154(a) of title 18,
United States Code, is amended, by inserting ``or, with
respect to the mailing of wine or malt beverages, to
the extent allowed under section 3001(p) of title 39''
after ``mechanical purposes''.
(2) Regulations.--Section 3001 of title 39, United States
Code, is amended by adding at the end the following subsection:
``(p)(1) Wine or malt beverages shall be considered mailable if
mailed by a licensed winery or brewery, in accordance with applicable
regulations under paragraph (2).
``(2) The Postal Service shall prescribe such regulations as may be
necessary to carry out this subsection, including regulations providing
that--
``(A) the mailing shall be by a means established by the
Postal Service to ensure direct delivery to the addressee or a
duly authorized agent at a postal facility;
``(B) the addressee (and any duly authorized agent) shall
be an individual at least 21 years of age, and shall present a
valid, government-issued photo identification at the time of
delivery;
``(C) the wine or malt beverages may not be for resale or
other commercial purpose; and
``(D) the winery or brewery involved shall--
``(i) certify in writing to the satisfaction of the
Postal Service that the mailing is not in violation of
any provision of this subsection or regulation
prescribed under this subsection; and
``(ii) provide any other information or affirmation
that the Postal Service may require, including with
respect to the prepayment of State alcohol beverage
taxes.
``(3) For purposes of this subsection, a winery or brewery shall be
considered to be licensed if it holds an appropriate basic permit
issued under the Federal Alcohol Administration Act.''.
(3) Effective date.--The amendments made by this subsection
shall take effect 180 days after the date of enactment of this
Act.
(e) Arbitration; Labor Disputes.--Section 1207(c)(2) of title 39,
United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking the last sentence and inserting ``The
arbitration board shall render a decision not later than 45
days after the date of its appointment.''; and
(3) by adding at the end the following:
``(B) In rendering a decision under this paragraph, the
arbitration board shall consider such relevant factors as--
``(i) the financial condition of the Postal
Service;
``(ii) the flexibilities and restrictions in the
rate system established under the Postal Accountability
and Enhancement Act (Public Law 109-435), and the
amendments made by that Act; and
``(iii) the requirement related to pay and
compensation comparability included in section 1003(a)
of this title.''.
(f) Revised Reporting Requirement.--Section 3652(a) of title 39,
United States Code, is amended by striking ``90 days after the end of
each year'' and inserting ``the next January 15 after the end of each
year''.
(g) No Limitation on Frequency of Mail Delivery.--Notwithstanding
any other provision of law, the United States Postal Service shall
exercise authority under section 3691 of title 39, United States Code,
and section 301 of the Postal Accountability and Enhancement Act to
adjust the frequency of the delivery of mail.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of enactment of this Act. | Postal Operations Sustainment and Transformation Act of 2010 or the POST Act of 2010 - Modifies the methodology for calculating the amount of any Postal surplus or supplemental liability under the Civil Service Retirement System. Requires the Office of Personnel Management (OPM) to redetermine that surplus or liability as of the close of FY2010, and for each year thereafter through FY2042. Requires the results of the redetermination to be reported to the United States Postal Service (USPS) on or before March 31 of the subsequent fiscal year. Requires, if the result for a fiscal year is a surplus, that such amount remain in the Civil Service Retirement and Disability Fund until distribution is authorized. Requires OPM, beginning March 31, 2017, if the result of a redetermination is a supplemental liability, to establish an amortization schedule, including a series of annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability by September 30, 2042.
Authorizes if the result of a redetermination is a surplus, as of the close of FY2010-FY2016, that any part of that amount be transferred to the Fund. Provides that any such transfer shall be: (1) made at the discretion of USPS's Board of Governors, subject to specified dollar limitations based on the year for USPS payments into the Postal Service Retiree Health Benefits Fund; and (2) credited to USPS for payment of the amount required for the applicable fiscal year. Directs: (1) the Board to provide written notice to OPM of any amount to be transferred and to take all such actions by majority vote; and (2) OPM to transfer any amount determined by the Board to the credit of USPS in accordance with this Act.
Requires USPS to: (1) provide non-postal services after determining that the provision of such services utilizes the processing, transportation, delivery, retail network, or technology of USPS in a manner that is consistent with the public interest; and (2) give primary consideration, in determining whether or not to close or consolidate a post office, to whether such action is consistent with government policy that USPS provide effective and regular postal services to rural areas, communities, and small towns.
Allows wine and malt beverages to be mailed (currently all intoxicating liquors are unmailable) if mailed by a licensed winery or brewery under USPS regulations, subject to specified requirements.
Revises provisions regarding USPS labor disputes to require the arbitration board to: (1) render a decision within 45 days of its appointment; and (2) consider such relevant factors as the financial condition of USPS, the flexibilities and restrictions in the rate system established under the Postal Accountability and Enhancement Act, and pay and compensation for comparable levels of work in the private sector. Extends the deadline for submission of the Postal Regulatory Commission report to the next January 15 after the end of each year.
Authorizes USPS to adjust the frequency of mail delivery. | {"src": "billsum_train", "title": "A bill to amend the provisions of title 5, United States Code, relating to the methodology for calculating the amount of any Postal surplus or supplemental liability under the Civil Service Retirement System, and for other purposes."} | 2,517 | 665 | 0.652979 | 2.267246 | 0.757634 | 3.653097 | 4.109735 | 0.881416 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expand School Meals Act of 2009''.
TITLE I--TRANSITION PERIOD
SEC. 101. PHASED-IN INCREASE IN INCOME ELIGIBILITY GUIDELINES FOR FREE
SCHOOL LUNCHES AND BREAKFASTS.
Section 9(b) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(b)) is amended--
(1) in paragraph (1), by redesignating subparagraph (B) as
subparagraph (E);
(2) by striking ``(b)(1)(A) Not'' and inserting the
following:
``(b) Income Eligibility Guidelines.--
``(1) Establishment.--
``(A) In general.--Not'';
(3) in subparagraph (A)--
(A) by striking the second sentence and inserting
the following:
``(B) Free lunches.--The income guidelines for
determining eligibility for free lunches shall be the
following percentage of the applicable family size
income levels contained in the nonfarm income poverty
guidelines prescribed by the Office of Management and
Budget, as adjusted annually in accordance with
subparagraph (E):
``(i) For the school year beginning July 1,
2010, 144 percent.
``(ii) For the school year beginning July
1, 2011, 158 percent.
``(iii) For the school year beginning July
1, 2012, 172 percent.'';
(B) in the third sentence--
(i) by striking ``The income'' and
inserting the following:
``(C) Reduced price lunches.--The income''; and
(ii) by striking ``subparagraph (B)'' and
inserting ``subparagraph (E)''; and
(C) in the fourth sentence, by striking ``The
Office'' and inserting the following:
``(D) Frequency of revisions.--The Office''; and
(4) in subparagraph (E) (as redesignated by paragraph
(1))--
(A) by striking ``The revision'' and inserting the
following:
``(E) Amount of revisions.--The revision''; and
(B) by striking ``subparagraph (A) of this
paragraph'' and inserting ``subparagraph (D)''.
SEC. 102. PERIOD OF EFFECTIVENESS.
The amendments made by section 101 shall be effective only during
the period beginning on the date of enactment of this Act and ending on
June 30, 2013.
TITLE II--PERMANENT CHANGE
SEC. 201. FREE LUNCH ELIGIBILITY.
(a) In General.--Section 9(b)(1) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(1)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
(2) by striking ``(b)(1)(A) Not'' and inserting the
following:
``(b) Income Eligibility Guidelines.--
``(1) Establishment.--
``(A) In general.--Not'';
(3) in subparagraph (A)--
(A) in the first sentence, by striking ``and
reduced price'';
(B) by striking ``The income guidelines for
determining eligibility for free lunches shall be 130
percent'' and inserting the following:
``(B) Free lunches.--The income guidelines for
determining eligibility for free lunches shall be 185
percent.'';
(C) by striking the third sentence; and
(D) by striking ``The Office'' and inserting the
following:
``(C) Frequency of revisions.--The Office''; and
(4) in subparagraph (D) (as redesignated by paragraph
(1))--
(A) by striking ``(D) The'' and inserting the
following:
``(D) Amount of revisions.--The''; and
(B) by striking ``subparagraph (A) of this
paragraph'' and inserting ``subparagraph (C)''.
(b) Conforming Amendments.--
(1) Section 9 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758) is amended--
(A) in subsection (b)--
(i) by striking ``free and reduced price''
each place it appears (other than paragraph
(7)) and inserting ``free'';
(ii) by striking ``free or reduced price''
each place it appears and inserting ``free'';
(iii) in paragraph (2)(B)(i), by striking
``, and shall contain'' and all that follows
through ``or reduced price lunches'';
(iv) in paragraph (3)--
(I) in subparagraph (E)(iii), by
striking ``free or reduced-price'' each
place it appears and inserting
``free''; and
(II) in subparagraph (F)--
(aa) in clause (i), by
striking ``Subject to clauses
(ii) and (iii)'' and inserting
``Subject to clause (ii),'';
(bb) in clause (ii)(II), by
striking ``133 percent'' both
places it appears in items (aa)
and (bb) and inserting ``185
percent'';
(cc) by striking clause
(iii); and
(dd) by redesignating
clauses (iv) and (v) as clauses
(iii) and (iv), respectively;
(v) in paragraph (7)--
(I) in the paragraph heading, by
striking ``and reduced price'' and
inserting ``meals'';
(II) by striking ``and reduced
price policy'' each place it appears
and inserting ``meals policy''; and
(III) in subparagraph (B), by
striking ``and reduced price meals''
and inserting ``meals'';
(vi) in paragraph (9)--
(I) in the paragraph heading, by
striking ``and reduced price'';
(II) by striking subparagraph (B);
and
(III) by redesignating subparagraph
(C) as subparagraph (B);
(vii) in paragraph (10), by striking ``or a
reduced price lunch''; and
(viii) in paragraph (11), in the first
sentence, by striking ``or reduced price
lunches'';
(B) in subsection (c), in the third sentence, by
striking ``or at a reduced cost'';
(C) in subsection (d), by striking ``or reduced
price'' each place it appears; and
(D) in subsection (e), by striking ``, reduced
price,''.
(2) Section 11 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1759a) is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (A), by
striking ``and the product obtained by
multiplying'' and all that follows
through ``for such fiscal year'';
(II) in subparagraph (B)--
(aa) by striking ``or
reduced price lunches'' the
first place it appears;
(bb) by striking ``or
reduced price lunches, as the
case may be''; and
(cc) by striking ``and
reduced price lunches'';
(III) in subparagraph (C)--
(aa) in clause (ii), by
striking ``or reduced price
lunches or breakfasts'' each
place it appears; and
(bb) in clause (iii), by
striking ``or reduced price'';
and
(IV) in subparagraph (D), by
striking ``and reduced price lunches''
each place it appears in clauses (iii)
and (iv);
(ii) in paragraph (2), by striking ``and
the special assistance factor for reduced
price'' and all that follows through ``free
lunches''; and
(iii) in paragraph (3)(B)(iii)(I), by
striking ``or reduced price'';
(B) in subsection (b), in the first sentence, by
striking ``and reduced price'';
(C) in subsection (d), by striking ``and the
average number of children who received reduced price
lunches'' each place it appears paragraphs (1) and (2);
and
(D) in subsection (e)--
(i) in the second sentence, by striking ``,
and shall serve meals at a reduced price'' and
all that follows through ``such section''; and
(ii) in the third sentence, by striking
``or reduced priced''.
(3) Section 12(l)(4) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(l)(4)) is amended--
(A) in subparagraph (C), by striking ``and reduced
price'';
(B) by striking subparagraph (D);
(C) in subparagraph (H), by striking ``or reduced
price''; and
(D) by redesignating subparagraphs (E) through (M)
as subparagraphs (D) through (L).
(4) Section 13 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1761) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(C)--
(I) by striking ``or reduced
price''; and
(II) by striking ``and reduced
price''; and
(ii) in paragraph (5), by striking ``or
reduced price''; and
(B) in subsection (f)(3), by striking ``or reduced
price''.
(5) Section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766) is amended--
(A) in subsection (a)(2)(B)(i), by striking ``or
reduced price'';
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``(as
calculated on the day before the date of
enactment of the Expand School Meals Act of
2009)'' after ``lunches, reduced price
lunches'';
(ii) in paragraph (2), by inserting ``(as
calculated on the day before the date of
enactment of the Expand School Meals Act of
2009)'' after ``breakfasts, reduced price
breakfasts''; and
(iii) by striking paragraph (4) and
inserting the following:
``(4) Determinations.--
``(A) Free meals.--Determinations with regard to
eligibility for free meals and supplements shall be
made in accordance with the income eligibility
guidelines for free lunches under section 9.
``(B) Reduced price meals.--Determinations with
regard to eligibility for reduced price meals and
supplements shall be made in accordance with the income
eligibility guidelines for reduced price lunches under
section 9, as in effect on the day before the date of
enactment of the Expand School Meals Act of 2009.'';
(C) in subsection (f)(3)--
(i) by striking ``or reduced price'' each
place it appears; and
(ii) in subparagraph (A)(iii)(II)(aa), in
the item heading, by striking ``or reduced
price''; and
(D) in subsection (r)(1)(B), by striking ``or
reduced price''.
(6) Section 17A(c)(1) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766a(c)(1)) is amended in the
matter preceding subparagraph (A) by striking ``or reduced
price''.
(7) Section 18 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769) is amended by striking subsection
(i).
(8) Section 19 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769a) is amended--
(A) by striking ``or reduced price'' each place it
appears; and
(B) by striking ``and reduced price'' each place it
appears.
(9) Section 20(b) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769b(b)) is amended by striking ``and
reduced price''.
(10) Section 21(a)(1)(B) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769b-1(a)(1)(B)) is amended--
(A) in the matter preceding clause (i), by striking
``or reduced price''; and
(B) in clause (iii), by striking ``and reduced
price''.
(c) Transition Rules.--The Secretary of Agriculture shall carry out
the amendments made by paragraphs (2) and (8) of subsection (b) in
accordance with transition rules established by the Secretary.
SEC. 202. FREE BREAKFAST ELIGIBILITY.
(a) In General.--Section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1733) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)(i)(II)--
(I) by striking ``, for reduced
price breakfasts,''; and
(II) by striking ``or reduced
price'';
(ii) in subparagraph (B)--
(I) in the third sentence, by
striking ``or reduced price''; and
(II) by striking the second
sentence;
(iii) by striking subparagraph (C);
(iv) by redesignating subparagraphs (D) and
(E) as subparagraphs (C) and (D), respectively;
and
(v) in subparagraph (D) (as so
redesignated)--
(I) in the subparagraph heading, by
striking ``and reduced price'' and
inserting ``meals'';
(II) by striking ``and reduced
price policy'' each place it appears
and inserting ``meals policy''; and
(III) by striking ``and reduced
price meals'' and inserting ``meals'';
and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``or
reduced price''; and
(ii) by striking subparagraph (C); and
(2) in subsections (d)(1)(A) and (e)(1)(A), by striking
``or at a reduced price'' each place it appears.
(b) Conforming Amendments.--
(1) Section 7 of the Child Nutrition Act of 1966 (42 U.S.C.
1776) is amended--
(A) in subsection (e)(2)(B)(ii), by striking ``or
reduced price''; and
(B) in subsection (i), by striking ``and reduced
price'' each place it appears in paragraphs (2)(B)(iii)
and (3)(B)(i).
(2) Section 17(d)(2)(A)(i) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(d)(2)(A)(i)) is amended by striking ``and
reduced price''.
(3) Section 20(b) of the Child Nutrition Act of 1966 (42
U.S.C. 1789(b)) is amended by striking ``and reduced-price''.
SEC. 203. PERIOD OF EFFECTIVENESS.
The amendments made by this title shall be effective beginning on
July 1, 2013. | Expand School Meals Act of 2009 - Amends the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to expand eligibility for free meals under the school lunch and breakfast programs to children whose family income falls at or below 185% of the federal poverty guidelines.
Phases-in this eligibility expansion by increasing the income eligibility level in annual increments until it reaches 185% of the federal poverty guidelines for the school year beginning on July 1, 2013. (This will make all children who are eligible for reduced price meals eligible for free meals on such date.) | {"src": "billsum_train", "title": "A bill to amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to increase the number of children eligible for free school meals, with a phased-in transition period."} | 3,646 | 119 | 0.568946 | 1.305087 | 0.573843 | 2.5 | 28.071429 | 0.803571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``BASIC Research Act''.
SEC. 2. REVIEW PANELS.
(a) Inclusion on Review Panels.--Notwithstanding any other
provision of law, each review panel for a specific Federal research
grant shall include--
(1) at least one individual who is not professionally
affiliated with any academic or research institution, has not
been professionally affiliated in the 10 years preceding the
date of inclusion on the panel, and is an expert in a field
unrelated to the field of research under which the grant
proposal was submitted; and
(2) at least one individual who shall serve primarily as a
``taxpayer advocate'' (defined as someone whose main focus is
on the value proposed research delivers to the taxpayer).
(b) Prohibition on Receiving Recommendations From Grant Applicants
on Review Panel.--Notwithstanding any other provision of law, each
agency that awards a Federal research grant shall not accept
recommendations from an applicant for such grant as to who should or
should not be on the grant review panel for such applicant.
(c) Nondisclosure of Members of Grant Review Panel.--
Notwithstanding any other provision of law, each agency that awards a
Federal research grant shall not disclose, either publicly or
privately, to an applicant for such grant the identity of any member of
the grant review panel for such applicant.
SEC. 3. SPECIAL INSPECTOR GENERAL AND TAXPAYER ADVOCATE FOR RESEARCH.
(a) Establishment.--
(1) In general.--There is established an Office of the
Special Inspector General and Taxpayer Advocate for Research.
(2) Head of office.--There shall be at the head of the
Office described in paragraph (1) the Special Inspector General
and Taxpayer Advocate for Research, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(b) Transfer of Functions and Savings.--
(1) Definitions.--In this subsection, unless otherwise
provided or indicated by the context--
(A) the term ``Federal agency'' has the meaning
given to the term ``agency'' by section 551(1) of title
5, United States Code;
(B) the term ``function'' means any duty,
obligation, power, authority, responsibility, right,
privilege, activity, or program; and
(C) the term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(2) Transfer.--There are transferred to the Office of the
Special Inspector General and Taxpayer Advocate for Research
all functions which the Office of Inspector General of the
National Science Foundation exercised before the date of
enactment of this Act (including all related functions of any
officer or employee of the Office of Inspector General of the
National Science Foundation).
(3) Rules.--The Office of the Special Inspector General and
Taxpayer Advocate for Research is authorized to prescribe, in
accordance with the provisions of chapters 5 and 6 of title 5,
United States Code, such rules and regulations as the Office of
the Special Inspector General and Taxpayer Advocate for
Research determines necessary or appropriate to administer and
manage the functions of the Office of the Special Inspector
General and Taxpayer Advocate for Research.
(4) Transfer and allocations of appropriations and
personnel.--Except as otherwise provided in this subsection,
the personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and
other funds employed, used, held, arising from, available to,
or to be made available in connection with the functions
transferred by this subsection, subject to section 1531 of
title 31, United States Code, shall be transferred to the
Office of the Special Inspector General and Taxpayer Advocate
for Research. Unexpended funds transferred pursuant to this
paragraph shall be used only for the purposes for which the
funds were originally authorized and appropriated.
(5) Savings provisions.--
(A) Continuing effect of legal documents.--All
orders, determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, licenses,
registrations, privileges, and other administrative
actions--
(i) which have been issued, made, granted,
or allowed to become effective by the
President, any Federal agency or official
thereof, or by a court of competent
jurisdiction, in the performance of functions
which are transferred under this subsection;
and
(ii) which are in effect at the time this
subsection takes effect, or were final before
the effective date of this subsection and are
to become effective on or after the effective
date of this subsection,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked
in accordance with law by the President, the Office of
the Special Inspector General and Taxpayer Advocate for
Research or other authorized official, a court of
competent jurisdiction, or by operation of law.
(B) Proceedings not affected.--The provisions of
this subsection shall not affect any proceedings,
including notices of proposed rulemaking, or any
application for any license, permit, certificate, or
financial assistance pending before the Office of
Inspector General of the National Science Foundation at
the time this subsection takes effect, with respect to
functions transferred by this subsection but such
proceedings and applications shall be continued. Orders
shall be issued in such proceedings, appeals shall be
taken therefrom, and payments shall be made pursuant to
such orders, as if this subsection had not been
enacted, and orders issued in any such proceedings
shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation
of law. Nothing in this subparagraph shall be deemed to
prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to
the same extent that such proceeding could have been
discontinued or modified if this subsection had not
been enacted.
(C) Suits not affected.--The provisions of this
subsection shall not affect suits commenced before the
effective date of this subsection, and in all such
suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and with the same
effect as if this subsection had not been enacted.
(D) Nonabatement of actions.--No suit, action, or
other proceeding commenced by or against the Office of
Inspector General of the National Science Foundation,
or by or against any individual in the official
capacity of such individual as an officer of the Office
of Inspector General of the National Science
Foundation, shall abate by reason of the enactment of
this subsection.
(E) Administrative actions relating to promulgation
of regulations.--Any administrative action relating to
the preparation or promulgation of a regulation by the
Office of Inspector General of the National Science
Foundation relating to a function transferred under
this subsection may be continued by the Office of the
Special Inspector General and Taxpayer Advocate for
Research with the same effect as if this subsection had
not been enacted.
(c) Powers and Authorities.--
(1) Duties.--In addition to the duties otherwise described
in this section, the Special Inspector General and Taxpayer
Advocate for Research shall also have the duties and
responsibilities of inspectors general under the Inspector
General Act of 1978 (5 U.S.C. App.).
(2) Authorities.--In carrying out the duties described in
paragraph (1) and otherwise described in this section, the
Special Inspector General and Taxpayer Advocate for Research
shall have the authorities provided in section 6 of the
Inspector General Act of 1978 (5 U.S.C. App.).
(d) Focus and Review.--The focus of the Office of the Special
Inspector General and Taxpayer Advocate for Research shall be to review
Federal grant projects to determine if the research will deliver value
to the taxpayers by randomly selecting Federal grants for review after
awards are made but prior to distribution of funds.
(e) Grant Support.--For a Federal grant reviewed under subsection
(d) to receive the grant funds, the grant shall receive the support of
the Office of the Special Inspector General and Taxpayer Advocate for
Research.
SEC. 4. PUBLIC ACCESSIBILITY OF RESEARCH FUNDED BY TAXPAYERS.
(a) Definition of Federal Agency.--In this section, the term
``Federal agency'' means an Executive agency, as defined under section
105 of title 5, United States Code.
(b) Federal Research Public Access Policy.--
(1) Requirement to develop policy.--
(A) In general.--Not later than 1 year after the
date of enactment of this section, each Federal agency
with annual extramural research expenditures of over
$100,000,000 shall develop a Federal research public
access policy that is consistent with and advances the
purposes of the Federal agency.
(B) Common procedures.--To the extent practicable,
Federal agencies required to develop a policy under
subparagraph (A) shall follow common procedures for the
collection and depositing of research papers.
(2) Content.--Each Federal research public access policy
shall provide for--
(A) submission to a digital repository designated
or maintained by the Federal agency of an electronic
version of the author's final manuscript of original
research papers that have been accepted for publication
in peer-reviewed journals and that result from research
supported, in whole or in part, from funding by the
Federal Government;
(B) the incorporation of all changes resulting from
the peer review publication process in the manuscript
described under subparagraph (A);
(C) the replacement of the final manuscript with
the final published version if--
(i) the publisher consents to the
replacement; and
(ii) the goals of the Federal agency for
functionality and interoperability are
retained;
(D) free online public access to such final peer-
reviewed manuscripts or published versions within a
time period that is appropriate for each type of
research conducted or sponsored by the Federal agency,
not later than 12 months after publication in peer-
reviewed journals, preferably sooner, or as adjusted
under established mechanisms;
(E) a means, using established mechanisms for
making requests to the applicable Federal agency, for
members of the public and other stakeholders to request
to adjust the period before such a final peer-reviewed
manuscript or published version is made publicly
available by presenting evidence demonstrating that the
period is inconsistent with the objectives of the
Federal research public access policy or the needs of
the public, industry, or the scientific community;
(F) providing research papers as described in
subparagraph (D) in formats and under terms that enable
productive reuse of the research and computational
analysis by state-of-the-art technologies;
(G) improving the ability of the public to locate
and access research papers made accessible under the
Federal research public access policy; and
(H) long-term preservation of, and free public
access to, published research findings--
(i) in a stable digital repository
maintained by the Federal agency; or
(ii) if consistent with the purposes of the
Federal agency, in any repository meeting
conditions determined favorable by the Federal
agency, including free public access,
interoperability, and long-term preservation.
(3) Application of policy.--Each Federal research public
access policy shall--
(A) apply to--
(i) researchers employed by the Federal
agency whose works remain in the public domain;
and
(ii) researchers funded by the Federal
agency;
(B) provide that works described under subparagraph
(A)(i) shall be--
(i) marked as being public domain material
when published; and
(ii) made available at the same time such
works are made available under paragraph
(2)(D); and
(C) make effective use of any law or guidance
relating to the creation and reservation of a
Government license that provides for the reproduction,
publication, release, or other uses of a final
manuscript for Federal purposes.
(4) Exclusions.--Each Federal research public access policy
shall not apply to--
(A) research progress reports presented at
professional meetings or conferences;
(B) laboratory notes, preliminary data analyses,
notes of the author, phone logs, or other information
used to produce final manuscripts;
(C) classified research, research resulting in
works that generate revenue or royalties for authors
(such as books) or patentable discoveries, to the
extent necessary to protect a copyright or patent; or
(D) authors who do not submit their work to a
journal or works that are rejected by journals.
(5) Patent or copyright law.--Nothing in this section shall
be construed to affect any right under the provisions of title
17 or 35, United States Code.
(6) GAO report.--Not later than 3 years after the date of
enactment of this section, and every 5 years thereafter, the
Comptroller General of the United States shall submit to
Congress a report that--
(A) includes an analysis of the period between the
date on which each paper becomes publicly available in
a journal and the date on which the paper is in the
online repository of the applicable Federal agency; and
(B) examines the effectiveness of the Federal
research public access policy in providing the public
with free online access to papers on research funded by
each Federal agency required to develop a policy under
paragraph (1)(A), including--
(i) whether the terms of use applicable to
such research papers in effect are effective in
enabling productive reuse of the research and
computational analysis by state-of-the-art
technologies; and
(ii) examines whether such research papers
should include a royalty-free copyright license
that is available to the public and that
permits the reuse of those research papers, on
the condition that attribution is given to the
author or authors of the research and any
others designated by the copyright owner.
SEC. 5. DOWNSTREAM REPORTING.
Any person or institution awarded a Federal grant shall submit a
statement to the head of the agency that awarded the Federal grant
certifying that--
(1) no funds derived from the grant will be made available
through a subgrant or subsequent grant (including to an
employee or subdivision of the grant recipient's organization)
unless the name of such recipient, their organization of
affiliation, the intended uses and purposes of such funds, and
specific amounts subgranted or subsequently granted funds are
disclosed to the head of the agency that awarded the Federal
grant for publication on a publicly accessible website; and
(2) each subgrant or subsequent grant award (including to
an employee or subdivision of the grant recipient's
organization) funded with funds derived from the Federal grant
is within the scope of the Federal grant award.
SEC. 6. GRANT APPLICATIONS PUBLICLY AVAILABLE.
Notwithstanding any other provision of law, each application for a
Federal grant shall be made publicly available.
SEC. 7. IMPARTIALITY IN FUNDING SCIENTIFIC RESEARCH.
Notwithstanding any other provision of law, each Federal agency, in
awarding grants for scientific research, shall be impartial and shall
not seek to advance any political position or fund a grant to reach a
predetermined conclusion. | BASIC Research Act This bill requires each review panel for a federal research grant to include: (1) at least one individual who is not professionally affiliated with any academic or research institution, has not been professionally affiliated in the preceding 10 years, and is an expert in a field unrelated to that under which the grant proposal was submitted; and (2) at least one individual who shall serve primarily as a taxpayer advocate. Each agency that awards such a grant shall not accept recommendations from an applicant as to who should be on the panel or disclose the identity of any panel member to an applicant. The bill: (1) establishes an Office of the Special Inspector General and Taxpayer Advocate for Research (OSIGTA), which shall randomly select grants for review to determine if the research will deliver value to the taxpayers; and (2) transfers to the OSIGTA all functions which the Office of Inspector General of the National Science Foundation previously exercised. A grant must have OSIGTA's support to receive funds. Each agency with annual extramural research expenditures of over $100 million must develop a federal research public access policy that is consistent with and advances the purposes of the agency and that meets specified requirements. Any person or institution awarded a grant shall submit a statement to the agency that awarded the grant certifying that: (1) no funds derived from the grant will be made available through a subgrant or subsequent grant unless the recipient's name, its organization of affiliation, the intended uses and purposes of funds, and specific amounts subgranted or subsequently granted funds are disclosed to the agency for publication on a publicly accessible website; and (2) each subgrant or subsequent grant award funded is within the scope of the grant award. Each grant application shall be made publicly available. Each agency, in awarding grants for scientific research, shall be impartial and shall not seek to advance any political position or fund a grant to reach a predetermined conclusion. | {"src": "billsum_train", "title": "BASIC Research Act"} | 3,267 | 404 | 0.629201 | 1.923838 | 0.85016 | 5.913978 | 8.333333 | 0.94086 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Medical Malpractice
Information Reporting and Competition Act of 2005''.
SEC. 2. ESTABLISHMENT OF OFFICE OF HEALTH CARE COMPETITION WITHIN THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(a) In General.--There is established within the Department of
Health and Human Services an Office to be known as the Office of Health
Care Competition Policy (in this section referred to as the
``Office''). The Office shall be headed by a Director, who shall be
appointed by the Secretary of such Department.
(b) Duties.--
(1) Responsibility for national practitioner data base.--
The Office shall be responsible for activities of the Secretary
under part B of title IV of the Health Care Quality Improvement
Act of 1986 (title IV of Public Law 99-660), including the
National Practitioner Data Base under such part.
(2) Annual report.--The Director of the Office shall submit
a report each year to the Secretary of Health and Human
Services on activities conducted under such part.
SEC. 3. CHANGES IN NATIONAL PRACTITIONER DATA BASE PROVISIONS.
(a) Requiring Additional Reports on Medical Malpractice Insurance
and Claims.--Part B of title IV of the Health Care Quality Improvement
Act of 1986 (title IV of Public Law 99-660) is amended by inserting
after section 421 the following new section:
``SEC. 421A. REQUIRING REPORTS ON MEDICAL MALPRACTICE INSURANCE AND
CLAIMS.
``(a) In General.--Each entity (including an insurance company)
which underwrites a policy of insurance for medical malpractice actions
or claims shall report, in accordance with section 424, information
respecting such insurance and claims for payment under such policy.
Such information shall be in addition to, and may be coordinated with,
the information required to be reported under section 421.
``(b) Information to Be Reported.--
``(1) In general.--The information to be reported under
subsection (a) by an entity with respect to a medical
malpractice insurance policy includes the following:
``(A) Direct premiums written.
``(B) Direct premiums earned.
``(C) Net investment income, including net realized
capital gains and losses, using appropriate estimates
where necessary.
``(D) Incurred claims, developed as the sum of the
following (the report shall include data for each of
the following):
``(i) Dollar amount of claims closed with
payment; plus.
``(ii) Reserves for reported claims at the
end of the current year; minus.
``(iii) Reserves for reported claims at the
end of the previous year; plus.
``(iv) Reserves for incurred but not
reported claims at the end of the current year;
minus.
``(v) Reserves for incurred but not
reported claims at the end of the previous
year; plus.
``(vi) Loss adjustment expenses for claims
closed; plus.
``(vii) Reserves for loss adjustment
expense at the end of the current year; minus.
``(viii) Reserves for loss adjustment
expense at the end of the previous year.
``(E) Actual incurred expenses allocated separately
to loss adjustment, commissions, other acquisition
costs, advertising, general office expenses, taxes,
licenses and fees, and all other expenses.
``(F) Net underwriting gain or loss.
``(G) Net operation gain or loss, including net
investment income.
``(H) The number and dollar amount of claims closed
with payment by year incurred, the amount reserved for
each claim, the year(s) in which the reserves were set,
and the amounts set in each year.
``(I) The number of claims closed without payment,
the dollar amount reserved for each claim, the years in
which reserves were set, and the amounts set in each.
``(J) The number of claims pending at the end of
each year, the amount of reserve[d] for each claim, the
year(s) in which the reserves were set, and the amounts
set in each year.
``(2) Claims paid.--Such report shall also include the
following:
``(A) For claims paid by the insurer during the
calendar year, in which a verdict had at any time been
rendered.
``(i) The dollar amount paid by the
insurance company; and
``(ii) The dollar amount of the original
verdict.
``(B) For claims paid by the insurer during the
calendar year, in which a verdict had at any time been
rendered.
``(i) The dollar amount of the original
verdict, broken out as follows:
``(I) The total amount of past
economic damages assessed by the trier
of fact.
``(II) The total amount of future
economic damages assessed by the trier
of fact.
``(III) The total amount of
compensatory non-economic damages
assessed by the trier of fact.
``(IV) The total amount of punitive
damages assessed by the trier of fact.
``(ii) The dollar amount paid by all
parties.
``(iii) The dollar amount paid by the
insurer.
``(iv) The number of claims paid by the
insurer.
``(C) For claims paid by the insurer during the
calendar year, in which a verdict had never been
rendered.
``(i) The total amount paid by the insurer
broken out as follows:
``(I) The amount of the plaintiff's
past economic damages, as submitted by
the plaintiff.
``(II) The amount of the
plaintiff's future economic damages, as
estimated by the insurer.
``(III) The amount paid by the
insurer for other damages.
``(ii) The number of claims paid by the
insurer.
``(D) The number of claims in which the insurer
paid--
``(i) more than $250,000 in non-economic
damages; and
``(ii) more than $500,000 in non-economic
damages.
``(E) For claims paid by the insurer during the
calendar year, the number of claims in which--
``(i) punitive damages were assessed by the
trier of fact;
``(ii) punitive damages were paid by any
party; and
``(iii) punitive damages were paid by the
insurer.
``(F) For claims paid by the insurer during the
calendar year--
``(i) the dollar amount of punitive damages
assessed by the trier of fact;
``(ii) the dollar amount of punitive
damages paid by all parties; and
``(iii) the dollar amount of punitive
damages paid by the insurer.
``(G) The number and dollar amount of claims paid
by the insurer during the calendar year in which
parties other than the insured--
``(i) had at any time been found liable by
the trier of fact; or
``(ii) had been estimated by the insurance
company to have some liability.
``(H) For those claims identified in paragraph (7),
the amount by which the amount paid by the insurer
exceeds the amount proportional to the insured's
percentage of responsibility.
``(I) Such other information as the Secretary
determines is required for appropriate interpretation
of information reported under this section.
``(c) Sanctions for Failure to Report.--The provisions of section
421(c) shall apply to information required to be reported under this
section in the same manner as they apply to the reporting of
information on a payment required to be reported under section 421.
``(d) Coordination of Information Reporting.--The Secretary shall
provide for the coordination of reporting of information under this
section with the reporting of related information under section 421.''.
(b) Inclusion and Availability of Information.--Section 427(b) of
such Act (42 U.S.C. 11137(b)) is amended by adding at the end the
following new paragraph:
``(4) Availability of public file data.--Notwithstanding
the previous provisions of this subsection, the Secretary shall
make available, for free from the website maintained in
connection with the data base established to carry out this
part, information reported under sections 421 and 421A which
does not provide for individually identifiable information.''.
(c) Effective Date.--The amendments made by this section shall take
effect 6 months after the date of the enactment of this Act. | Improved Medical Malpractice Information Reporting and Competition Act of 2005 - Establishes the Office of Health Care Competition Policy within the Department of Health and Human Services (HHS) with responsibility for the National Practitioner Data Bank.
Amends the Health Care Quality Improvement Act of 1986 to require each entity that underwrites a policy of insurance for medical malpractice actions or claims to report information respecting such insurance or claims for payment under such policy. Specifies information to be reported, including: (1) direct premiums written and earned; (2) net investment income; (3) incurred claims; (4) actual incurred expenses; (5) net operation gain or loss; and (6) certain information on claims for the year, including claims paid and verdict amounts. Sets forth a civil penalty for failure to comply with this Act. Requires the Secretary of HHS to make the information reported that does not provide individually identifiable information available on the Data Bank website. | {"src": "billsum_train", "title": "To establish an Office of Health Care Competition within the Department of Health and Human Services to administer the National Practitioner Data Base and to collect and make available to the public more information on medical malpractice insurance under that Data Base."} | 1,888 | 197 | 0.65017 | 1.821163 | 0.889811 | 2.933702 | 9.98895 | 0.900552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Armed Forces Behavioral Health
Awareness Act''.
SEC. 2. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES WHO SERVE IN
OPERATION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM FOR
READJUSTMENT COUNSELING AND SERVICES THROUGH VET CENTERS.
(a) In General.--A member of the Armed Forces, including the
Reserve components, who is deployed in support of Operation Enduring
Freedom or Operation Iraqi Freedom shall be eligible for readjustment
counseling and related mental health services under section 1712A of
title 38, United States Code, through the centers for readjustment
counseling and related mental health services (commonly known as ``Vet
Centers'') operated by the Secretary of Veterans Affairs under that
section.
(b) Eligibility.--
(1) Regulations.--Except as provided in paragraph (2), the
eligibility of a member of the Armed Forces, including the
Reserve components, for counseling and services under
subsection (a) shall be subject to such regulations as the
Secretary of Defense and the Secretary of Veterans Affairs
shall jointly prescribe for purposes of this section.
(2) Duty status.--The duty status of a member may not have
an effect on the eligibility of the member to receive
counseling and services under subsection (a).
SEC. 3. GRANTS FOR NONPROFIT ORGANIZATIONS FOR THE PROVISION OF
EMOTIONAL SUPPORT SERVICES TO FAMILY MEMBERS OF MEMBERS
OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall carry out a program
to award grants to nonprofit organizations that provide emotional
support services for family members of members of the Armed Forces,
including the Reserve components.
(b) Award of Grants.--
(1) Eligibility.--To be eligible for a grant under the
program under this section, a nonprofit organization shall meet
such criteria as the Secretary shall establish for purposes of
the program.
(2) Application.--A nonprofit organization seeking a grant
under the program shall submit to the Secretary an application
for the grant in such form and manner as the Secretary shall
specify for purposes of the program.
(c) Grants.--
(1) Amount.--The amount of each grant awarded to a
nonprofit organization under the program under this section
shall be such amount as the Secretary determines appropriate
for purposes of the program.
(2) Duration.--The duration of each grant awarded to a
nonprofit organization shall be such period as the Secretary
determines appropriate for purposes of the program.
(d) Use of Grant Funds.--Each nonprofit organization awarded a
grant under the program under this section shall use amounts under the
grant to provide emotional support services for family members of
members of the Armed Forces, including the Reserve components, through
certain programs as the Secretary shall specify in the grant.
(e) Funding.--Amounts for grants under the program under this
section shall be derived from amounts authorized to be appropriated to
the Department of Defense for military personnel.
SEC. 4. PILOT PROGRAM TO ENHANCE AWARENESS OF POST-TRAUMATIC STRESS
DISORDER.
(a) Pilot Program Required.--The Secretary of the Army shall carry
out a pilot program to enhance awareness of post-traumatic stress
disorder among members of the Army. The Secretary shall carry out the
pilot program in the following locations:
(1) Fort Huachuca, Arizona.
(2) Fort Carson, Colorado.
(3) Fort Leonard Wood, Missouri.
(b) Activities.--
(1) In general.--In carrying out the pilot program, the
Secretary shall implement activities that--
(A) for a member of the Army who will be deployed
in support of a contingency operation, increase the
understanding of--
(i) the neurophysiological effects of
stress and trauma associated with combat,
including post-traumatic stress disorder; and
(ii) the means of eliminating or mitigating
such effects after returning from combat;
(B) for a member of the Army deployed in support of
a contingency operation, reinforce the information
provided under subparagraph (A);
(C) for a member of the Army who returns from being
deployed in support of a contingency operation, assist
the member in reintegrating into noncombat life; and
(D) for the family of a member of the Army covered
under this subsection, include training and assistance
(including Internet-based training and assistance) at
each stage of deployment in order to assist the family
and member in recognizing and addressing post-traumatic
stress disorder.
(2) Development of activities.--In developing activities
under this subsection, the Secretary shall consider methods to
address stress and trauma used by other appropriate
populations, including special operations forces and elite
athlete communities.
(c) Duration.--The Secretary shall carry out the pilot program for
a period of three years.
(d) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
assessing the pilot program, including the effectiveness of the
activities under subsection (b). | Armed Forces Behavioral Health Awareness Act - Makes any member of the Armed Forces who is deployed in support of Operations Iraqi Freedom or Enduring Freedom eligible for readjustment counseling and related mental health services through Vet Centers (centers for such counseling and services for veterans), regardless of the member's duty status.
Directs the Secretary of Defense to award grants to nonprofit organizations that provide emotional support services for family members of members of the Armed Forces, including members of the reserves.
Requires the Secretary of the Army to carry out a pilot program to enhance awareness of post-traumatic-stress-disorder (PTSD) among members of the Army. | {"src": "billsum_train", "title": "To improve the mental health care benefits available to members of the Armed Forces, to enhance counseling available to family members of members of the Armed Forces, and for other purposes."} | 1,129 | 145 | 0.6431 | 1.640457 | 0.707665 | 4.739837 | 8.154472 | 0.934959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Law Enforcement Relief Act of
2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is the obligation of the Federal Government of the
United States to adequately secure the Nation's borders and
prevent the flow of undocumented persons and illegal drugs into
the United States.
(2) Despite the fact that the United States Border Patrol
apprehends over 1,000,000 people each year trying to illegally
enter the United States, according to the Congressional
Research Service, the net growth in the number of unauthorized
aliens has increased by approximately 500,000 each year. The
Southwest border accounts for approximately 94 percent of all
migrant apprehensions each year. Currently, there are an
estimated 11,000,000 unauthorized aliens in the United States.
(3) The border region is also a major corridor for the
shipment of drugs. According to the El Paso Intelligence
Center, 65 percent of the narcotics that are sold in the
markets of the United States enter the country through the
Southwest Border.
(4) Border communities continue to incur significant costs
due to the lack of adequate border security. A 2001 study by
the United States-Mexico Border Counties Coalition found that
law enforcement and criminal justice expenses associated with
illegal immigration exceed $89,000,000 annually for the
Southwest border counties.
(5) In August 2005, the States of New Mexico and Arizona
declared states of emergency in order to provide local law
enforcement immediate assistance in addressing criminal
activity along the Southwest border.
(6) While the Federal Government provides States and
localities assistance in covering costs related to the
detention of certain criminal aliens and the prosecution of
Federal drug cases, local law enforcement along the border are
provided no assistance in covering such expenses and must use
their limited resources to combat drug trafficking, human
smuggling, kidnappings, the destruction of private property,
and other border-related crimes.
(7) The United States shares 5,525 miles of border with
Canada and 1,989 miles with Mexico. Many of the local law
enforcement agencies located along the border are small, rural
departments charged with patrolling large areas of land.
Counties along the Southwest United States-Mexico border are
some of the poorest in the country and lack the financial
resources to cover the additional costs associated with illegal
immigration, drug trafficking, and other border-related crimes.
(8) Federal assistance is required to help local law
enforcement operating along the border address the unique
challenges that arise as a result of their proximity to an
international border and the lack of overall border security in
the region.
SEC. 3. BORDER RELIEF GRANT PROGRAM.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants to an eligible law enforcement agency to provide
assistance to such agency to address--
(A) criminal activity that occurs in the
jurisdiction of such agency by virtue of such agency's
proximity to the United States border; and
(B) the failure of the United States Government to
adequately secure its borders.
(2) Duration.--Grants may be awarded under this subsection
during fiscal years 2006 through 2010.
(3) Competitive basis.--The Secretary shall award grants
under this subsection on a competitive basis, except that the
Secretary shall give priority to applications from any eligible
law enforcement agency serving a community--
(A) with a population of less than 50,000; and
(B) located no more than 100 miles from a United
States border with--
(i) Canada; or
(ii) Mexico.
(b) Use of Funds.--Grants awarded pursuant to subsection (a) may
only be used to provide additional resources for an eligible law
enforcement agency to address criminal activity occurring along any
such border, including--
(1) to obtain equipment;
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement technology;
(4) to cover operational costs, including overtime and
transportation costs; and
(5) such other resources as are available to assist that
agency.
(c) Application.--
(1) In general.--Each eligible law enforcement agency
seeking a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought; and
(B) provide such additional assurances as the
Secretary determines to be essential to ensure
compliance with the requirements of this section.
(d) Definitions.--For the purposes of this section:
(1) Eligible law enforcement agency.--The term ``eligible
law enforcement agency'' means a tribal, State, or local law
enforcement agency--
(A) located in a county no more than 100 miles from
a United States border with--
(i) Canada; or
(ii) Mexico; or
(B) located in a county more than 100 miles from
any such border, but where such county has been
certified by the Secretary as a High Impact Area.
(2) High impact area.--The term ``High Impact Area'' means
any county designated by the Secretary as such, taking into
consideration--
(A) whether local law enforcement agencies in that
county have the resources to protect the lives,
property, safety, or welfare of the residents of that
county;
(B) the relationship between the failure of the
United States to secure its borders and the rise, if
any, of criminal activity in that county; and
(C) any other unique challenges that local law
enforcement face due to a lack of security along the
United States border.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$30,000,000 for each of fiscal years 2006 through 2010 to carry
out the provisions of this section.
(2) Division of authorized funds.--Of the amounts
authorized under paragraph (1)--
(A) \2/3\ shall be set aside for eligible law
enforcement agencies located in the 6 States with the
largest number of undocumented alien apprehensions; and
(B) \1/3\ shall be set aside for areas designated
as a High Impact Area under subsection (d).
(f) Supplement Not Supplant.--Amounts appropriated for grants under
this section shall be used to supplement and not supplant other State
and local public funds obligated for the purposes provided under this
Act.
SEC. 4. REPORT REQUIREMENT.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General of the United States shall submit a written
report to Congress describing the costs incurred by State and local law
enforcement agencies in connection with--
(1) criminal activity related to such agencies' proximity
to the United States border with--
(A) Canada; or
(B) Mexico; and
(2) the failure of the Federal Government to secure the
borders of the United States.
SEC. 5. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
Nothing in this Act shall be construed to authorize State or local
law enforcement agencies or their officers to exercise Federal
immigration law enforcement authority. | Border Law Enforcement Relief Act of 2005 - Authorizes the Secretary of Homeland Security to award grants to a tribal, state, or local law enforcement agency located in a county within 100 miles of a U.S. border with Canada or Mexico, or in a county beyond 100 miles that has been certified by the Secretary as a high impact area, to provide assistance in addressing: (1) criminal activity that occurs by virtue of proximity to the border; and (2) the U.S. government's failure to adequately secure its borders. Directs the Comptroller General to report to Congress on the costs incurred by law enforcement agencies in connection with such criminal activity or failure. | {"src": "billsum_train", "title": "A bill to provide financial aid to local law enforcement officials along the Nation's borders, and for other purposes."} | 1,570 | 143 | 0.522451 | 1.471874 | 0.554943 | 3.432 | 12.008 | 0.952 |
SECTION 1. COMMISSION TO REVIEW BENEFITS PROVIDED BY EACH STATE TO
DISABLED VETERANS.
(a) Establishment.--There is established a commission to be known
as the ``State Veterans' Benefits Commission''.
(b) Duties.--The Commission shall evaluate--
(1) the total amount of benefits provided by each State to
a covered veteran residing in such State (including those
benefits that a State provides to a resident regardless of
whether the resident is a covered veteran); and
(2) the method in which each State establishes the amount
of benefits for veterans based on the disability rating of the
veteran.
(c) Membership.--
(1) In general.--The Commission shall be composed of seven
members appointed as follows:
(A) One individual appointed by the Speaker of the
House of Representatives.
(B) One individual appointed jointly by the
President of the Senate and the President pro tempore
of the Senate.
(C) One individual appointed by the minority leader
of the House of Representatives.
(D) One individual appointed by the minority leader
of the Senate.
(E) Three individuals appointed by the President.
(2) Appointments.--Appointments under paragraph (1) shall
be made not later than 30 days after the date of the enactment
of this Act.
(3) Qualifications.--Of the seven individuals appointed
under paragraph (1)--
(A) not less than three shall be disabled veterans;
and
(B) not less than one shall be a medical doctor.
(4) Chairperson and vice chairperson.--The Chairperson and
Vice Chairperson of the Commission shall be elected by the
members.
(5) Terms.--Each member shall be appointed for the life of
the Commission.
(6) Vacancy.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after each
member is appointed under subsection (c)(1), the Commission
shall hold its initial meeting.
(2) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(3) Quorum.--A majority of the Commission shall constitute
a quorum but a lesser number may hold hearings.
(e) Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
members shall serve without pay.
(2) Travel expense.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(f) Staff.--
(1) Director.--The Commission shall have a director who
shall be appointed by the Chairperson.
(2) Staff.--Subject to rules prescribed by the Commission,
the Chairperson may appoint additional personnel as the
Chairperson considers appropriate.
(3) 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.
(4) Experts and consultants.--Subject to rules prescribed
by the Commission, the Chairperson may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(5) Staff to federal agencies.--Upon request of the
Chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this section.
(g) Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate. The Commission may administer
oaths or affirmations to witnesses appearing before it.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(h) Report.--Not later than 60 days after the initial meeting under
subsection (d)(1), the Commission shall submit to the Committee on
Veterans' Affairs of the House of Representatives and the Committee on
Veterans' Affairs of the Senate a report on the evaluation made under
subsection (b), including--
(1) the results of the evaluation;
(2) a list of States ranked in order of the amount of
benefits provided to covered veterans residing in the State;
(3) the recommended amount of benefits the Commission
determines necessary for a State to provide covered veterans
residing in the State to ensure that such veterans have
adequate care, assistance, and financial security;
(4) recommendations as to how States can improve the
benefits provided to covered veterans residing in the State;
(5) relevant background and statistical information
associated with the recommendations under paragraphs (3) and
(4); and
(6) other information the Commission determines
appropriate.
(i) Termination.--The Commission shall terminate on the date that
is two months after the date on which the Commission submits the report
pursuant to subsection (h).
(j) Covered Veteran Defined.--In this section, the term ``covered
veteran'' means a veteran with a disability that is--
(1) rated total for the purposes of disability compensation
under chapter 11 of title 38, United States Code; and
(2) based upon an impairment reasonably certain to continue
throughout the life of the veteran. | Establishes the State Veterans' Benefits Commission to evaluate the total amount of benefits provided by each state to resident veterans with a total and permanent disability rating, as well as the method in which each state establishes the amount of such benefits based on such disability rating. Requires the Commission to report evaluation results to the congressional veterans committees. | {"src": "billsum_train", "title": "To establish a commission to review benefits provided by each State to disabled veterans."} | 1,384 | 75 | 0.585439 | 1.348395 | 0.815306 | 3.857143 | 20.52381 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil War Battlefields Preservation
Tax Incentives Act of 1994''.
SEC. 2. DEDUCTION FROM GROSS ESTATE FOR TRANSFER BY HEIR OF QUALIFIED
CONSERVATION EASEMENT ON LAND WITHIN A CIVIL WAR
BATTLEFIELD SITE.
(a) In General.--Section 2055 of the Internal Revenue Code of 1986
(relating to transfers for public, charitable, and religious uses) is
amended by redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new subsection:
``(g) Transfer by Heir of Qualified Conservation Easement on Land
Within Civil War Battlefield Site.--
``(1) In general.--For purposes of this section, if--
``(A) the gross estate of a decedent includes real
property located within an area designated as a Civil
War battlefield by the Civil War Sites Advisory
Commission,
``(B) within 9 months after the date of death of
the decedent, the person who acquired the property from
the decedent (or to whom such property passed from the
decedent) transfers a qualified real property interest
in such property, and
``(C) the executor and the person referred to in
subparagraph (B) jointly elect the application of this
paragraph to such transfer,
such transfer shall be treated as a bequest of the decedent.
``(2) Qualified real property interest.--For purposes of
this subsection, the term `qualified real property interest'
means any qualified real property interest (as defined in
section 170(h)(2)(C)) which meets the requirements of section
170(h).
``(3) Denial of double benefit.--No deduction or credit
shall be allowed under any other provision of this title for
any transfer to which the election under paragraph (1)
applies.''
(b) Effective Date.--The amendment made by this section shall apply
to transfers referred to in section 2055(g)(1)(B) of the Internal
Revenue Code of 1986 (as added by this Act) after the date of the
enactment of this Act.
SEC. 3. DOLLAR LIMITATION ON SPECIAL ESTATE TAX VALUATION FOR FARM
PROPERTY NOT TO APPLY TO PROPERTY WITHIN CIVIL WAR
BATTLEFIELD SITE.
(a) In General.--Paragraph (2) of section 2032A(a) of the Internal
Revenue Code of 1986 (relating to valuation of certain farm, etc., real
property) is amended by adding at the end thereof the following new
sentence: ``The preceding sentence shall be applied without regard to
any such property which is within an area designated as a Civil War
battlefield by the Civil War Sites Advisory Commission.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 4. CREDIT FOR CHARITABLE CONTRIBUTION OF CERTAIN INTERESTS IN
CIVIL WAR BATTLEFIELD SITES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:
``SEC. 23. CREDIT FOR CHARITABLE CONTRIBUTION OF CERTAIN INTERESTS IN
CIVIL WAR BATTLEFIELD SITES.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to 50 percent of the amount of any
qualified Civil War battlefield contribution which is made during such
taxable year.
``(b) Qualified Civil War Battlefield Contribution.--For purposes
of this section--
``(1) In general.--The term `qualified Civil War
battlefield contribution' means any qualified conservation
contribution (as defined in section 170(h)) if the real
property referred to in section 170(h)(2) is real property
within an area designated as a Civil War battlefield by the
Civil War Sites Advisory Commission.
``(2) Amount of contribution.--The amount of any qualified
Civil War battlefield contribution is the amount which would
(but for subsection (c)) be allowed as a deduction under 170
for such contribution (determined without regard to section
170(b)).
``(c) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any contribution for which is credit is allowed
under this section.''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 22 the
following new item:
``Sec. 23. Credit for charitable
contribution of certain
interests in Civil War
battlefield sites.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Civil War Battlefields Preservation Tax Incentives Act of 1994 - Amends the Internal Revenue Code to allow a deduction from the value of a gross estate of the transfer by an heir of a qualified conservation easement on land within a Civil War battlefield site.
Provides that the dollar limitation on the valuation of farm and other real property does not apply to property within a Civil War battlefield site.
Allows a tax credit of 50 percent of the amount of any qualified Civil War battlefield charitable contribution. | {"src": "billsum_train", "title": "Civil War Battlefields Preservation Tax Incentives Act of 1994"} | 1,164 | 109 | 0.61138 | 1.547186 | 0.923644 | 3.236559 | 10.333333 | 0.913978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lobby Gift Ban Act of 2005''.
SEC. 2. PROHIBITION ON GIFTS BY REGISTERED LOBBYISTS TO MEMBERS OF
CONGRESS AND TO CONGRESSIONAL EMPLOYEES.
(a) Prohibition.--
(1) In general.--A registered lobbyist may not knowingly
make a gift to a Member, Delegate, Resident Commissioner,
officer, or employee of Congress except as provided in this
section.
(2) Gift defined.--In this section, the term ``gift'' means
a gratuity, favor, discount, entertainment, hospitality, loan,
forbearance, or other item having monetary value. The term
includes gifts of services, training, transportation, lodging,
and meals, whether provided in kind, by purchase of a ticket,
payment in advance, or reimbursement after the expense has been
incurred.
(3) Registered lobbyist defined.--In this section, the term
``registered lobbyist'' means--
(A) a lobbyist registered under the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1601 et seq.);
(B) a lobbyist who, as an employee of an
organization, is covered by the registration of that
organization under that Act; or
(C) an organization registered under that Act.
(4) Gifts to family members and other individuals.--For the
purposes of this section, a gift to a family member of a
Member, Delegate, Resident Commissioner, officer, or employee
of Congress, or a gift to any other individual based on that
individual's relationship with the Member, Delegate, Resident
Commissioner, officer, or employee, shall be considered a gift
to the Member, Delegate, Resident Commissioner, officer, or
employee if the gift was given because of the official position
of the Member, Delegate, Resident Commissioner, officer, or
employee.
(5) Exceptions.--The restrictions in paragraph (1) do not
apply to the following:
(A) Certain lawful political fundraising
activities.--A contribution, as defined in section
301(8) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431) that is lawfully made under that Act, a
lawful contribution for election to a State or local
government office, or attendance at a fundraising event
sponsored by a political organization described in
section 527(e) of the Internal Revenue Code of 1986.
(B) Gift from a relative.--A gift from a relative
as described in section 109(16) of title I of the
Ethics in Government Act of 1978 (2 U.S.C. App.
109(16)).
(C) Employee benefits.--Pension and other benefits
resulting from continued participation in an employee
welfare and benefits plan maintained by a former
employer.
(D) Informational materials.--Informational
materials that are sent to the office of the Member,
Delegate, Resident Commissioner, officer, or employee
in the form of books, articles, periodicals, other
written materials, audiotapes, videotapes, or other
forms of communication.
(E) Items of nominal value.--An item of nominal
value such as a greeting card, baseball cap, or a T-
shirt.
(F) Personal friendship.--
(i) In general.--Anything provided by an
individual on the basis of a personal
friendship unless the gift was given because of
the official position of the Member, Delegate,
Resident Commissioner, officer, or employee.
(ii) Circumstances.--In determining whether
a gift is provided on the basis of personal
friendship, the following circumstances shall
be considered:
(I) The history of the relationship
between the Member, Delegate, Resident
Commissioner, officer, or employee and
the individual giving the gift,
including any previous exchange of
gifts between them.
(II) Whether the individual who
gave the gift personally paid for the
gift or sought a tax deduction or
business reimbursement for the gift.
(III) Whether the individual who
gave the gift also gave the same or
similar gifts to other Members,
Delegates, the Resident Commissioners,
officers, or employees of Congress.
(G) Certain outside business or employment
activities provided to spouse.--Food, refreshments,
lodging, transportation, and other benefits provided to
the spouse of the Member, Delegate, Resident
Commissioner, officer, or employee, resulting from the
outside business or employment activities of the spouse
or in connection with bona fide employment discussions
with respect to the spouse, if such benefits have not
been offered or enhanced because of the official
position of the Member, Delegate, Resident
Commissioner, officer, or employee and are customarily
provided to others in similar circumstances.
(H) Opportunities and benefits unrelated to
congressional employment.--Opportunities and benefits
that are offered to members of a group or class in
which membership is unrelated to congressional
employment.
(I) Certain foods or refreshments.--Food or
refreshments of a nominal value offered other than as a
part of a meal.
(b) Penalty.--Any registered lobbyist who violates this section
shall be subject to a civil fine of not more than $50,000, depending on
the extent and gravity of the violation.
SEC. 3. PROHIBITION ON MEMBERS ACCEPTING GIFTS FROM LOBBYISTS.
Clause 5(a)(1)(A) of rule XXV of the Rules of the House of
Representatives is amended by adding at the end the following new
sentence: ``Notwithstanding any other provision of this clause, in no
event may a Member, Delegate, or Resident Commissioner accept a gift
from a registered lobbyist prohibited by section 2 of the Lobby Gift
Ban Act of 2005.''. | Lobby Gift Ban Act of 2005 - Prohibits a registered lobbyist from knowingly making a gift to a Member, Delegate, Resident Commissioner, officer, or employee of Congress, with the exception of certain: (1) lawful political fundraising activities; (2) gifts from relatives; (3) employee benefits; (4) informational materials; (5) items of nominal value; (6) gifts on a personal basis, under specified circumstances; (7) outside business or employment activities provided to his or her spouse; (8) opportunities and benefits unrelated to congressional employment; and (9) foods or refreshments of nominal value offered other than as part of a meal.
Considers a gift to a family member of a Member, Delegate, Resident Commissioner, officer, or employee of Congress, or a gift to any other individual based on that individual's relationship with the Member, Delegate, Resident Commissioner, officer, or employee, to be a prohibited gift if it was given because of the individual's official position.
Imposes a civil fine of $50,000 for violation of this Act, depending on the extent and gravity of the violation.
Amends the Rules of the House of Representatives to prohibit a Member, Delegate, or Resident Commissioner from accepting a gift from a registered lobbyist prohibited by this Act. | {"src": "billsum_train", "title": "To prohibit registered lobbyists from making gifts to Members of Congress and to congressional employees, and for other purposes."} | 1,285 | 283 | 0.69141 | 2.058089 | 0.773531 | 4.925197 | 4.417323 | 0.933071 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Thomas Cole
National Historic Site Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and purposes.
Sec. 4. Establishment of Thomas Cole National Historic Site.
Sec. 5. Retention of ownership and management of historic site by
Greene County Historical Society.
Sec. 6. Administration of historic site.
Sec. 7. Authorization of appropriations.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``historic site'' means the Thomas Cole
National Historic Site established by section 4 of this Act.
(2) The term ``Hudson River artists'' means artists who
were associated with the Hudson River school of landscape
painting.
(3) The term ``plan'' means the general management plan
developed pursuant to section 6(d).
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``Society'' means the Greene County Historical
Society of Greene County, New York, which owns the Thomas Cole
home, studio, and other property comprising the historic site.
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Hudson River school of landscape painting was
inspired by Thomas Cole and was characterized by a group of
19th century landscape artists who recorded and celebrated the
landscape and wilderness of America, particularly in the Hudson
River Valley region in the State of New York.
(2) Thomas Cole is recognized as America's most prominent
landscape and allegorical painter of the mid-19th century.
(3) Located in Greene County, New York, the Thomas Cole
House, also known as Thomas Cole's Cedar Grove, is listed on
the National Register of Historic Places and has been
designated as a National Historic Landmark.
(4) Within a 15 mile radius of the Thomas Cole House, an
area that forms a key part of the rich cultural and natural
heritage of the Hudson River Valley region, significant
landscapes and scenes painted by Thomas Cole and other Hudson
River artists, such as Frederic Church, survive intact.
(5) The State of New York has established the Hudson River
Valley Greenway to promote the preservation, public use, and
enjoyment of the natural and cultural resources of the Hudson
River Valley region.
(6) Establishment of the Thomas Cole National Historic Site
will provide opportunities for the illustration and
interpretation of cultural themes of the heritage of the United
States and unique opportunities for education, public use, and
enjoyment.
(b) Purposes.--The purposes of this Act are--
(1) to preserve and interpret the home and studio of Thomas
Cole for the benefit, inspiration, and education of the people
of the United States;
(2) to help maintain the integrity of the setting in the
Hudson River Valley region that inspired artistic expression;
(3) to coordinate the interpretive, preservation, and
recreational efforts of Federal, State, and other entities in
the Hudson Valley region in order to enhance opportunities for
education, public use, and enjoyment; and
(4) to broaden understanding of the Hudson River Valley
region and its role in American history and culture.
SEC. 4. ESTABLISHMENT OF THOMAS COLE NATIONAL HISTORIC SITE.
(a) Establishment.--There is established, as an affiliated area of
the National Park System, the Thomas Cole National Historic Site in the
State of New York.
(b) Description.--The historic site shall consist of the home and
studio of Thomas Cole, comprising approximately 3.4 acres, located at
218 Spring Street, in the village of Catskill, New York, as generally
depicted on the boundary map numbered TCH/80002, and dated March 1992.
SEC. 5. RETENTION OF OWNERSHIP AND MANAGEMENT OF HISTORIC SITE BY
GREENE COUNTY HISTORICAL SOCIETY.
The Greene County Historical Society of Greene County, New York,
shall continue to own, manage, and operate the historic site.
SEC. 6. ADMINISTRATION OF HISTORIC SITE.
(a) Applicability of National Park System Laws.--The historic site
shall be administered by the Society in a manner consistent with this
Act and all laws generally applicable to units of the National Park
System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.;
commonly known as the National Park Service Organic Act), and the Act
of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the
Historic Sites, Buildings, and Antiquities Act).
(b) Cooperative Agreements.--
(1) Assistance to society.--The Secretary may enter into
cooperative agreements with the Society to preserve the Thomas
Cole House and other structures in the historic site and to
assist with education programs and research and interpretation
of the Thomas Cole House and associated landscapes.
(2) Other assistance.--To further the purposes of this Act,
the Secretary may enter into cooperative agreements with the
State of New York, the Society, the Thomas Cole Foundation, and
other public and private entities to facilitate public
understanding and enjoyment of the lives and works of the
Hudson River artists through the provision of assistance to
develop, present, and fund art exhibits, resident artist
programs, and other appropriate activities related to the
preservation, interpretation, and use of the historic site.
(c) Artifacts and Property.--
(1) Personal property generally.--The Secretary may acquire
personal property associated with, and appropriate for, the
interpretation of the historic site.
(2) Works of art.--The Secretary may acquire works of art
associated with Thomas Cole and other Hudson River artists for
the purpose of display at the historic site.
(d) General Management Plan.--Within two complete fiscal years
after the date of the enactment of this Act, the Secretary shall
develop a general management plan for the historic site with the
cooperation of the Society. Upon the completion of the plan, the
Secretary shall provide a copy of the plan to the Committee on Energy
and Natural Resources of the Senate and the Committee on Resources of
the House of Representatives. The plan shall include recommendations
for regional wayside exhibits, to be carried out through cooperative
agreements with the State of New York and other public and private
entitles. The plan shall be prepared in accordance with section 12(b)
of Public Law 91-383 (16 U.S.C. 1a-1 et seq.; commonly known as the
National Park System General Authorities Act).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Passed the House of Representatives September 9, 1998.
Attest:
Clerk. | Thomas Cole National Historic Site Act - Establishes the Thomas Cole National Historic Site in New York State as an affiliated area of the National Park System.
Provides that the Greene County Historical Society, Greene County, New York, shall continue to own, manage, and operate the Site.
Directs the Society to administer the Site in accordance with this Act and all laws generally applicable to units of the National Park System.
Authorizes the Secretary of the Interior to enter into cooperative agreements with: (1) the Society to preserve the House and other structures at the Site and to assist with education programs and research and interpretation of the House and associated landscapes; and (2) New York, the Society, the Thomas Cole Foundation, and other public and private entities to facilitate public understanding and enjoyment of the lives and works of the Hudson River artists through assistance to develop, present, and fund art exhibits, resident artist programs, and other appropriate activities related to the preservation, interpretation, and use of the Site.
Authorizes the Secretary to acquire: (1) personal property associated with, and appropriate for, the interpretation of the Site; and (2) works of art associated with Thomas Cole and other Hudson River artists for the purpose of display at the Site.
Directs the Secretary to develop and submit to specified congressional committees a general management plan for the Site, including recommendations for regional wayside exhibits.
Authorizes appropriations. | {"src": "billsum_train", "title": "Thomas Cole National Historic Site Act"} | 1,496 | 288 | 0.650957 | 2.108032 | 0.768553 | 5.735714 | 5.010714 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle Class Tax Cut Act of 2011''.
SEC. 2. TEMPORARY EXTENSION AND EXPANSION OF EMPLOYEE PAYROLL TAX
RELIEF.
(a) Extension.--Section 601(c) of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010 (26 U.S.C. 1401
note) is amended by striking ``year 2011'' and inserting ``years 2011
and 2012''.
(b) Increased Relief.--
(1) In general.--Subsection (a) of section 601 of the Tax
Relief, Unemployment Insurance Reauthorization, and Job
Creation Act of 2010 (26 U.S.C. 1401 note) is amended--
(A) by inserting ``(9.3 percent for calendar year
2012)'' after ``10.40 percent'' in paragraph (1), and
(B) in paragraph (2)--
(i) by striking ``(including'' and
inserting ``(3.1 percent in the case of
calendar year 2012), including'' after ``4.2
percent'', and
(ii) by striking ``Code)'' and inserting
``Code''.
(2) Coordination with individual deduction for employment
taxes.--Subparagraph (A) of section 601(b)(2) of such Act is
amended by inserting ``(66.67 percent for taxable years which
begin in 2012)'' after ``59.6 percent''.
(c) Technical Amendments.--Paragraph (2) of section 601(b) of the
Tax Relief, Unemployment Insurance Reauthorization, and Job Creation
Act of 2010 (26 U.S.C. 1401 note) is amended--
(1) by inserting ``of such Code'' after ``164(f)'',
(2) by inserting ``of such Code'' after ``1401(a)'' in
subparagraph (A), and
(3) by inserting ``of such Code'' after ``1401(b)'' in
subparagraph (B).
SEC. 3. SURTAX ON MILLIONAIRES.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART VIII--SURTAX ON MILLIONAIRES
``Sec. 59B. Surtax on millionaires.
``SEC. 59B. SURTAX ON MILLIONAIRES.
``(a) General Rule.--In the case of a taxpayer other than a
corporation for any taxable year beginning after 2012 and before 2022,
there is hereby imposed (in addition to any other tax imposed by this
subtitle) a tax equal to 1.9 percent of so much of the modified
adjusted gross income of the taxpayer for such taxable year as exceeds
the threshold amount.
``(b) Threshold Amount.--For purposes of this section--
``(1) In general.--The threshold amount is $1,000,000.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 2013, the $1,000,000 amount under
paragraph (1) 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,
determined by substituting `calendar year 2011'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
paragraph (1) is not a multiple of $10,000, such amount
shall be rounded to the next highest multiple of
$10,000.
``(3) Married filing separately.--In the case of a married
individual filing separately for any taxable year, the
threshold amount shall be one-half of the amount otherwise in
effect under this subsection for the taxable year.
``(c) Modified Adjusted Gross Income.--For purposes of this
section, the term `modified adjusted gross income' means adjusted gross
income reduced by any deduction (not taken into account in determining
adjusted gross income) allowed for investment interest (as defined in
section 163(d)). In the case of an estate or trust, adjusted gross
income shall be determined as provided in section 67(e).
``(d) Special Rules.--
``(1) Nonresident alien.--In the case of a nonresident
alien individual, only amounts taken into account in connection
with the tax imposed under section 871(b) shall be taken into
account under this section.
``(2) Citizens and residents living abroad.--The dollar
amount in effect under subsection (a) shall be decreased by the
excess of--
``(A) the amounts excluded from the taxpayer's
gross income under section 911, over
``(B) the amounts of any deductions or exclusions
disallowed under section 911(d)(6) with respect to the
amounts described in subparagraph (A).
``(3) Charitable trusts.--Subsection (a) shall not apply to
a trust all the unexpired interests in which are devoted to one
or more of the purposes described in section 170(c)(2)(B).
``(4) Not treated as tax imposed by this chapter for
certain purposes.--The tax imposed under this section shall not
be treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter or for
purposes of section 55.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``part viii. surtax on millionaires.''.
(c) Section 15 Not to Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 4. UNWARRANTED UNEMPLOYMENT COMPENSATION.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:
``CHAPTER 56--UNWARRANTED UNEMPLOYMENT COMPENSATION
``Sec. 5895. Unwarranted unemployment compensation.
``SEC. 5895. UNWARRANTED UNEMPLOYMENT COMPENSATION.
``(a) Imposition of Tax.--There is hereby imposed on any taxpayer
with adjusted gross income (as defined in section 62) for any taxable
year of at least $1,000,000 ($500,000, in the case of a married
individual filing a separate return), a tax equal to 50 percent (55
percent in the case of a taxable year beginning in 2011 or 2012) of any
unemployment compensation (as defined in section 85(b)) received by
such taxpayer in such taxable year.
``(b) Administrative Provisions.--For purposes of the deficiency
procedures of subtitle F, any tax imposed by this section shall be
treated as a tax imposed by subtitle A.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Chapter 56--Unwarranted Unemployment Compensation''.
(c) Tax Not Deductible.--Section 275(a) of the Internal Revenue
Code of 1986 is amended by inserting after paragraph (6) the following
new paragraph:
``(7) Tax imposed by section 5895.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.
SEC. 5. ENDING SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS FOR
MILLIONAIRES.
(a) In General.--Section 6 of the Food and Nutrition Act of 2008 (7
U.S.C. 2015) is amended by adding at the end the following:
``(r) Disqualification for Receipt of Assets of at Least
$1,000,000.--Any household in which a member receives income or assets
with a fair market value of at least $1,000,000 shall, immediately on
the receipt of the assets, become ineligible for further participation
in the program until the date on which the household meets the income
eligibility and allowable financial resources standards under section
5.''.
(b) Conforming Amendments.--Section 5(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(a)) is amended in the second sentence by
striking ``sections 6(b), 6(d)(2), and 6(g)'' and inserting
``subsections (b), (d)(2), (g), and (r) of section 6''.
SEC. 6. GUARANTEE FEES.
Subpart A of part 2 of subtitle A of title XIII of the Housing and
Community Development Act of 1992 is amended by adding after section
1326 (12 U.S.C. 4546) the following new section:
``SEC. 1327. ENTERPRISE GUARANTEE FEES.
``(a) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Guarantee fee.--The term `guarantee fee'--
``(A) means a fee described in subsection (b); and
``(B) includes--
``(i) the guaranty fee charged by the
Federal National Mortgage Association with
respect to mortgage-backed securities; and
``(ii) the management and guarantee fee
charged by the Federal Home Loan Mortgage
Corporation with respect to participation
certificates.
``(2) Average fees.--The term `average fees' means the
average contractual fee rate of single-family guaranty
arrangements by an enterprise entered into during 2011, plus
the recognition of any up-front cash payments over an estimated
average life, expressed in terms of basis points. Such
definition shall be interpreted in a manner consistent with the
annual report on guarantee fees by the Federal Housing Finance
Agency.
``(b) Increase.--
``(1) In general.--
``(A) Phased increase required.--Subject to
subsection (c), the Director shall require each
enterprise to charge a guarantee fee in connection with
any guarantee of the timely payment of principal and
interest on securities, notes, and other obligations
based on or backed by mortgages on residential real
properties designed principally for occupancy of from 1
to 4 families, consummated after the date of enactment
of this section.
``(B) Amount.--The amount of the increase required
under this section shall be determined by the Director
to appropriately reflect the risk of loss, as well the
cost of capital allocated to similar assets held by
other fully private regulated financial institutions,
but such amount shall be not less than an average
increase of 12.5 basis points for each origination year
or book year above the average fees imposed in 2011 for
such guarantees. The Director shall prohibit an
enterprise from offsetting the cost of the fee to
mortgage originators, borrowers, and investors by
decreasing other charges, fees, or premiums, or in any
other manner.
``(2) Authority to limit offer of guarantee.--The Director
shall prohibit an enterprise from consummating any offer for a
guarantee to a lender for mortgage-backed securities, if--
``(A) the guarantee is inconsistent with the
requirements of this section; or
``(B) the risk of loss is allowed to increase,
through lowering of the underwriting standards or other
means, for the primary purpose of meeting the
requirements of this section.
``(3) Deposit in treasury.--Amounts received from fee
increases imposed under this section shall be deposited
directly into the United States Treasury, and shall be
available only to the extent provided in subsequent
appropriations Acts. The fees charged pursuant to this section
shall not be considered a reimbursement to the Federal
Government for the costs or subsidy provided to an enterprise.
``(c) Phase-in.--
``(1) In general.--The Director may provide for compliance
with subsection (b) by allowing each enterprise to increase the
guarantee fee charged by the enterprise gradually over the 2-
year period beginning on the date of enactment of this section,
in a manner sufficient to comply with this section. In
determining a schedule for such increases, the Director shall--
``(A) provide for uniform pricing among lenders;
``(B) provide for adjustments in pricing based on
risk levels; and
``(C) take into consideration conditions in
financial markets.
``(2) Rule of construction.--Nothing in this subsection
shall be interpreted to undermine the minimum increase required
by subsection (b).
``(d) Information Collection and Annual Analysis.--The Director
shall require each enterprise to provide to the Director, as part of
its annual report submitted to Congress--
``(1) a description of--
``(A) changes made to up-front fees and annual fees
as part of the guarantee fees negotiated with lenders;
``(B) changes to the riskiness of the new borrowers
compared to previous origination years or book years;
and
``(C) any adjustments required to improve for
future origination years or book years, in order to be
in complete compliance with subsection (b); and
``(2) an assessment of how the changes in the guarantee
fees described in paragraph (1) met the requirements of
subsection (b).
``(e) Enforcement.--
``(1) Required adjustments.--Based on the information from
subsection (d) and any other information the Director deems
necessary, the Director shall require an enterprise to make
adjustments in its guarantee fee in order to be in compliance
with subsection (b).
``(2) Noncompliance penalty.--An enterprise that has been
found to be out of compliance with subsection (b) for any 2
consecutive years shall be precluded from providing any
guarantee for a period, determined by rule of the Director, but
in no case less than 1 year.
``(3) Rule of construction.--Nothing in this subsection
shall be interpreted as preventing the Director from initiating
and implementing an enforcement action against an enterprise,
at a time the Director deems necessary, under other existing
enforcement authority.
``(f) Expiration.--The provisions of this section shall expire on
October 1, 2021.''. | Middle Class Tax Cut Act of 2011 - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to extend through 2012 the reduction in employment taxes for employees and the self-employed. Increases such reduction from 2% to 3.1%
Amends the Internal Revenue Code to impose on individual taxpayers between 2012 and 2022 an additional tax equal to 1.9% of so much of their modified adjusted gross income in excess of $1 million. Provides for an inflation adjustment to the $1 million threshold amount for taxable years beginning after 2013. Defines "modified adjusted gross income" as adjusted gross income reduced by any deduction allowed for investment interest.
Imposes a 50% tax (55% for a taxable year beginning in 2011 or 2012) on any unemployment compensation received by a taxpayer with an adjusted gross income of at least $1 million. Denies a tax deduction for the payment of such tax.
Amends the Food and Nutrition Act of 2008 to render ineligible for the supplemental nutrition assistance program (SNAP), formerly food stamps, any household in which a member receives income or assets with a fair market value of at least $1 million.
Amends the Housing and Community Development Act of 1992 to require until October 1, 2021, a phased increase in the fees charged to mortgage lenders by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) to guarantee payment of new mortgage loans. | {"src": "billsum_train", "title": "A bill to create jobs by providing payroll tax relief for middle class families and businesses, and for other purposes."} | 3,295 | 314 | 0.465139 | 1.268534 | 0.718731 | 3.092527 | 10.217082 | 0.857651 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Employees and Retirees in
Municipal Bankruptcies Act of 2017''.
SEC. 2. DETERMINATION OF MUNICIPALITY ELIGIBILITY TO BE A DEBTOR UNDER
CHAPTER 9 OF TITLE 11 OF THE UNITED STATES CODE.
(a) Requirements.--Section 109(c) of title 11, United States Code,
is amended--
(1) in paragraph (5)--
(A) in subparagraph (B) by inserting ``(but with
respect to creditors who are employees or retirees of
such entity, the term `good faith' shall have the same
meaning as such term has in the National Labor
Relations Act)'' after ``creditors'' the first place it
appears,
(B) in subparagraph (C) by striking
``impracticable'' and inserting ``impossible'', and
(C) in subparagraph (D) by striking the period at
the end and inserting a semicolon, and
(2) by adding at the end the following:
``and establishes by clear and convincing evidence that it satisfies
the requirements of this subsection.''.
(b) Repeal of Limitation on Authority To Issue Stay Pending
Appeal.--The first sentence of section 921(e) of title 11, United
States Code, is amended by striking ``; nor'' and all that follows
through ``appeal''.
(c) Direct Immediate Appeal to Court of Appeals.--Section 158(d) of
title 28, United States Code, is amended by adding at the end the
following:
``(3) The appropriate court of appeals shall have jurisdiction of
an appeal of a determination made by a bankruptcy court under section
109(c) of title 11 that an entity is eligible to be a debtor under
chapter 9 of title 11 and shall consider and determine such appeal on
an expedited basis. Such appeal shall be a direct appeal to be reviewed
and heard de novo on the merits. The doctrine of equitable mootness
shall not apply to appeals under this paragraph.''.
SEC. 3. PROTECTING EMPLOYEES AND RETIREES.
Section 943 of title 11, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (6) by striking ``and'' at the
end,
(B) by redesignating paragraph (7) as paragraph
(8), and
(C) by inserting after paragraph (6) the following:
``(7) in a case in which the plan modifies a collective
bargaining agreement, or modifies a retiree benefit, including
an accrued pension, retiree health, or other retirement benefit
otherwise protected by State or municipal law, or a retiree
benefit as defined in section 1114(a), in any manner otherwise
prohibited by nonbankruptcy law, the authorized representative
of the employees covered by such agreement, or the authorized
representative of individuals receiving the retiree benefits,
as the case may be, agrees to the plan; and'', and
(2) by adding at the end the following:
``(c)(1) For purposes of this section, and except as provided in
paragraphs (2) and (3), the authorized representative of those
individuals receiving any retiree benefit covered by any collective
bargaining agreement shall be the labor organization that is signatory
to such agreement unless such organization no longer represents active
employees in the bargaining unit the retirees belonged to when they
were active employees. In such case, the labor organization that
currently represents active employees in that bargaining unit shall be
the authorized representative of such individuals.
``(2) Paragraph (1) shall not apply if--
``(A) such labor organization elects not to serve as the
authorized representative of such individuals; or
``(B) the court, upon a motion by a party in interest,
after notice and hearing, determines that different
representation of such individuals is appropriate.
``(3) In a case in which the labor organization referred to in
paragraph (2) elects not to serve as the authorized representative of
those individuals receiving any retiree benefits covered by any
collective bargaining agreement to which that labor organization is
signatory, or in a case where the court, pursuant to paragraph (2)
finds different representation of such individuals appropriate, the
court, upon a motion by a party in interest, and after notice and a
hearing, shall order the United States trustee to appoint a committee
of retired employees if the debtor seeks to modify or not pay the
retiree benefits or if the court otherwise determines that it is
appropriate, from among such individuals, to serve as the authorized
representative of such individuals under this section. The party
requesting such relief has the burden of proof.
``(d) For retired employees not covered by a collective bargaining
agreement, the court, upon a motion by a party in interest, and after
notice and a hearing, shall issue an order requiring the United States
trustee to appoint a committee of retired employees if the debtor seeks
to modify or not pay the retiree benefits, or if the court otherwise
determines that it is appropriate, to serve as the authorized
representative under this section of such employees. Such party has the
burden of proof with respect to such motion.
``(e) To comply with an order issued under subsection (c)(3) or
(d), notwithstanding any other provision of this chapter, the United
States trustee shall appoint, on a proportional basis per capita based
on organization membership, individuals chosen from among members of
organizations that represent the retirees with respect to whom such
order is entered.
``(f) Members of a committee appointed under subsection (c)(3) or
(d) may not recommend modification of any right to a retiree benefit
unless not less than \2/3\ of such members vote in support of such
recommendation.''. | Protecting Employees and Retirees in Municipal Bankruptcies Act of 2017 This bill amends federal bankruptcy law to: (1) heighten criteria with respect to a municipality's eligibility for municipal bankruptcy, and (2) revise provisions related to judicial procedure and review in municipality bankruptcy cases. In addition, the bill expands protections for employees and retirees in cases of municipal bankruptcy. Specifically, if a municipal bankruptcy plan modifies a collective bargaining agreement or retiree benefit, the covered employees' authorized representative must agree to the plan as a condition of the plan's confirmation by the court. In general, the authorized representative shall be the labor organization that is signatory to the collective bargaining agreement. However, the bill establishes procedures for the court's appointment of a different representative under specified circumstances. | {"src": "billsum_train", "title": "Protecting Employees and Retirees in Municipal Bankruptcies Act of 2017"} | 1,316 | 203 | 0.410624 | 1.138567 | 0.831204 | 2.048951 | 8.363636 | 0.748252 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Government Ethics
Authorization Act of 1994''.
SEC. 2. GIFT ACCEPTANCE AUTHORITY.
Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App.
5) is amended by--
(1) inserting ``(a)'' before ``Upon the request''; and
(2) adding at the end thereof the following:
``(b)(1) The Director is authorized to accept and utilize on behalf
of the United States, any gift, donation, bequest, or devise of money,
use of facilities, personal property, or services for the purpose of
aiding or facilitating the work of the Office of Government Ethics.
``(2) No gift may be accepted--
``(A) that attaches conditions inconsistent with applicable
laws or regulations; or
``(B) that is conditioned upon or will require the
expenditure of appropriated funds that are not available to the
Office of Government Ethics.
``(3) The Director shall establish written rules setting forth the
criteria to be used in determining whether the acceptance of
contributions of money, services, use of facilities, or personal
property under this subsection would reflect unfavorably upon the
ability of the Office of Government Ethics or any employee to carry out
its responsibilities or official duties in a fair and objective manner,
or would compromise the integrity or the appearance of the integrity of
its programs or any official involved in those programs.''.
SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.
The text of section 405 of the Ethics in Government Act of 1978 (5
U.S.C. App. 5) is amended to read as follows: ``There are authorized to
be appropriated to carry out the provisions of this title and for no
other purpose, not to exceed $14,000,000 for fiscal year 1995 and for
each of the next 7 fiscal years thereafter.''.
SEC. 4. ASSISTANCE FROM OTHER AGENCIES.
Section 403(a) of the Ethics in Government Act of 1978 (5 U.S.C.
App. 5), as designated by section 2, is amended--
(1) in paragraph (1) by striking ``under this Act; and''
and inserting ``of the Office of Government Ethics; and''; and
(2) in paragraph (2) by striking ``duties.'' and inserting
``duties under this Act or any other Act.''.
SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS.
Section 207(j) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
``(7) Political parties and campaign committees.--(A)
Except as provided in subparagraph (B), the restrictions
contained in subsections (c), (d), and (e) shall not apply to a
communication or appearance made solely on behalf of a
candidate in his or her capacity as a candidate, an authorized
committee, a national committee, a national Federal campaign
committee, a State committee, or a political party.
``(B) Subparagraph (A) shall not apply to--
``(i) any communication to, or appearance before,
the Federal Election Commission by a former officer or
employee of the Federal Election Commission; or
``(ii) a communication or appearance made by a
person who is subject to the restrictions contained in
subsections (c), (d), or (e) if, at the time of the
communication or appearance, the person is employed by
a person or entity other than--
``(I) a candidate, an authorized committee,
a national committee, a national Federal
campaign committee, a State committee, or a
political party; or
``(II) a person or entity who represents,
aids, or advises only persons or entities
described in subclause (I).
``(C) For purposes of this paragraph--
``(i) the term `candidate' means any person who
seeks nomination for election, or election, to Federal
or State office or who has authorized others to explore
on his or her behalf the possibility of seeking
nomination for election, or election, to Federal or
State office;
``(ii) the term `authorized committee' means any
political committee designated in writing by a
candidate as authorized to receive contributions or
make expenditures to promote the nomination for
election, or the election, of such candidate, or to
explore the possibility of seeking nomination for
election, or the election, of such candidate, except
that a political committee that receives contributions
or makes expenditures to promote more than 1 candidate
may not be designated as an authorized committee for
purposes of subparagraph (A);
``(iii) the term `national committee' means the
organization which, by virtue of the bylaws of a
political party, is responsible for the day-to-day
operation of such political party at the national
level;
``(iv) the term `national Federal campaign
committee' means an organization that, by virtue of the
bylaws of a political party, is established primarily
for the purpose of providing assistance, at the
national level, to candidates nominated by that party
for election to the office of Senator or Representative
in, or Delegate or Resident Commissioner to, the
Congress;
``(v) the term `State committee' means the
organization which, by virtue of the bylaws of a
political party, is responsible for the day-to-day
operation of such political party at the State level;
``(vi) the term `political party' means an
association, committee, or organization that nominates
a candidate for election to any Federal or State
elected office whose name appears on the election
ballot as the candidate of such association, committee,
or organization; and
``(vii) the term `State' means a State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or
possession of the United States.''.
SEC. 6. REPEAL AND CONFORMING AMENDMENTS.
(a) Repeal of Display Requirement.--The Act entitled ``An Act to
provide for the display of the Code of Ethics for Government Service'',
approved July 3, 1980 (Public Law 96-303; 5 U.S.C. 7301 note) is
repealed.
(b) Conforming Amendments.--
(1) FDIA.--Section 12(f)(3) of the Federal Deposit
Insurance Act (12 U.S.C. 1822 (f)(3)) is amended by striking
``, with the concurrence of the Office of Government Ethics,''.
(2) Ethics in government act of 1978.--(A) The heading for
section 401 of the Ethics in Government Act of 1978 is amended
to read as follows:
``establishment; appointment of director''.
(B) Section 408 is amended by striking ``March 31'' and
inserting ``April 30''.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on October 1, 1994, except section 5
shall take effect and apply to communications or appearances made on
and after the date of enactment of this Act.
Passed the Senate October 6 (legislative day, September
12), 1994.
Attest:
Secretary. | Office of Government Ethics Authorization Act of 1994 - Amends the Ethics in Government Act of 1978 to: (1) extend the authorization of appropriations for the Office of Government Ethics (OGE); and (2) authorize the OGE Director to accept gifts for OGE use.
Amends the Federal criminal code to revise postemployment restrictions on former Federal officers, employees, and elected officials of the executive and legislative branches, adding exceptions for communications or appearances made solely on behalf of a candidate in his or her capacity as a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party. | {"src": "billsum_train", "title": "Office of Government Ethics Authorization Act of 1994"} | 1,616 | 142 | 0.388086 | 1.082713 | 0.640545 | 4.656 | 12.096 | 0.864 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expand Access to Job Training for
English Language Learners Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Approximately 17.8 million adults in the United States
have limited proficiency in English.
(2) Approximately 90 million adults in the United States
are reading at levels that are insufficient to allow them to
participate fully in the economy and to obtain new skills
necessary for success.
(3) A significant contributor to low literacy is limited
English speaking and reading ability.
(4) Individuals with limited English proficiency are the
fastest growing segment of the adult education, language, and
literacy system.
(5) Simultaneous courses in English language instruction in
combination with civics education goes a long way toward
meeting the needs of English language learners.
(6) Lack of English proficiency and a lack of understanding
of civics and United States institutions are a significant
barriers to obtaining training and employment.
(7) English language learners make up nearly 50 percent of
those enrolled in federally funded adult education programs.
(8) The concentration of English language learners across
the United States is not uniform, leaving some States with a
far greater need to provide English as a second language
services than others.
(9) New immigrants accounted for 50 percent of the growth
in the civilian labor force between 1990 and 2001.
(10) Immigrants who are fluent in oral and written English
earn approximately 24 percent more than those who lack fluency,
regardless of vocational qualifications.
(11) Current workforce development policies and programs
have been ineffective in serving immigrants and persons who are
limited English proficient.
(12) Programs that integrate skills and training and
language acquisition have demonstrated remarkable employment
outcomes.
TITLE I--AMENDMENTS TO WORKFORCE INVESTMENT SYSTEMS
SEC. 101. INTENSIVE AND TRAINING SERVICES.
(a) In General.--Section 134(d) is amended--
(1) by amending paragraph (3)(A)(i) to read as follows:
``(i) who have been determined by a one-
stop operator to be in need of more intensive
services in order to obtain employment; or'';
(2) by amending paragraph (3)(C)(vi) to read as follows:
``(vi) Short-term prevocational services,
including development of learning skills,
communication skills, English literacy skills,
interviewing skills, punctuality, personal
maintenance skills, and professional conduct to
prepare individuals for unsubsidized employment
or training.'';
(3) in paragraph (4)(A) by striking clause (i) and
redesignating clauses (ii) through (v) as clauses (i) through
(iv) respectively;
(4) by amending paragraph (4)(D)(i) to read as follows:
``(i) occupational skills training,
including training for nontraditional
employment and bilingual occupational
training;''; and
(5) by amending paragraph (4)(D)(viii) to read as follows:
``(viii) adult education, English as a
Second Language, and literacy activities
provided in combination with services described
in any of the clauses (i) through (vii); and''.
(b) Incentive Grants.--Section 503(a) is amended to read as
follows:
``(a) In General.--Beginning on July 1, 2000, the Secretary shall
award a grant to each State that--
``(1) exceeds the State adjusted levels of performance for
title I, the expected levels of performance for title II, and
the levels of performance under Public Law 88-210 (as amended;
20 U.S.C. 2301 et seq.) for the purpose of carrying out an
innovative program consistent wit the requirements of any one
or more of the programs within title I, title II, or such
Public Law, respectively; and
``(2) funds programs that integrate occupational skills
training and language acquisition.''.
(c) On-The-Job Training.--Section 101(31)(B) is amended by
inserting ``or a reimbursement of up to 100 percent of the wage rate of
a participant who has limited English proficiency and for whom the
employer is providing training that integrates occupational skills and
language acquisition'' after ``wage rate of the participant,''.
SEC. 102. PERFORMANCE MEASURES.
(a) Levels of Performance.--Section 136(b)(3)(A)(iv)(II) is amended
by inserting ``including their level of English proficiency'' after
``entered the program''.
(b) Performance and Cost Information.--Section 122(d)(3) is amended
by adding after subparagraph (B) the following:
``(C) Adult education and family literacy act
requirements..--The local board and the designated
State agency described in subsection (i) may accept
program-specific performance information consistent
with the requirements for eligibility under the Adult
and Family Literacy Act (20 U.S.C. 9212) from a
provider for the purpose of enabling the provider to
fulfill the applicable requirements of this subsection,
if such information is substantially similar to the
information otherwise required under this
subsection.''.
(c) Integrated Training Programs.--Section 122(h) is amended--
(1) in the heading, by striking ``or Customized Training''
and inserting ``, Customized Training, or Integrated Training''
; and
(2) in paragraphs (1) and (2) by striking ``or customized
training'' and inserting ``, customized training, or integrated
training''.
(d) Definition.--Section 101 is amended by redesignating paragraphs
(18) through (53) as paragraphs (19) through (54), respectively and by
inserting after paragraph (17) the following:
``(18) Integrated training.--The term `integrated training'
means training that combines occupational skills with language
acquisition.''.
SEC. 103. DEMONSTRATION, PILOT, MULTISERVICE, RESEARCH, AND MULTISTATE
PROJECTS.
(a) Demonstration and Pilot Projects.--Section 171(b)(1) is amended
by adding after subparagraph (H) the following:
``(I) projects that provide training to create or
upgrade the job and related skills of persons who are
special participant populations as defined in section
134(d)(4)(G)(iv).''.
(b) Multiservice Projects.--Section 171(c)(1) is amended--
(1) in subparagraph (A) by inserting ``and special
participant populations as defined in section
134(d)(4)(G)(iv)'' after ``targeted populations'';
(2) in subparagraph (B) by inserting ``and special
participant populations as defined in section
134(d)(4)(G)(iv)'' after ``disability community''; and
(3) in subparagraph (C) by inserting ``and special
participant populations as defined in section
134(d)(4)(G)(iv)'' after ``targeted populations''.
(c) Study and Report.--Section 171(c)(2)(B) is amended to read as
follows:
``(B) Report on training models for persons who are
limited english-proficient.--The Secretary shall
conduct a 2-year study on programs that integrate
English language instruction with occupational skills
training. The Secretary shall prepare and submit to
Congress a report containing the results of the study,
including policy recommendations.''.
(d) Multistate Projects.--Section 171(c)(3)(A) is amended--
(1) in clause (i) by inserting ``and special participant
populations as defined in section 134(d)(4)(G)(iv)'' after
``particular service populations''; and
(2) in clause (ii) by inserting ``and special participant
populations as defined in section 134(d)(4)(G)(iv)'' after
``demographic groups''.
SEC. 104. ASSESSMENTS.
(a) In General.--Section 171(a)(2) is amended--
(1) in subparagraph (C) by striking ``and'' at the end;
(2) in subparagraph (D) by inserting ``and'' at the end;
and
(3) by adding after subparagraph (D) the following:
``(E) the versatility of a standardized one-stop
center assessment for targeted populations, including
special participant populations that face multiple
barriers to employment, as defined in section
134(d)(4)(G)(iv).''.
(b) Partnerships.--Section 171(b)(1) is amended--
(1) in subparagraph (G) by striking ``and'' at the end;
(2) in subparagraph (H) by inserting ``and'' at the end;
(3) by adding after subparagraph (H) the following:
``(I) the establishment of partnerships with
national organizations with special expertise to assist
states develop and implement accurate assessment
mechanisms to evaluate the skill levels of special
participant populations that face multiple barriers to
employment, as defined in Section 134(d)(4)(G)(iv).''.
(c) Considerations.--Section 172(a)(6) is amended to read as
follows:
``(6) the extent to which such programs and activities meet
the needs of various demographic groups; and including special
participant populations that face multiple barriers to
employment, as defined in Sec. 134(d)(4)(G)(iv);''.
(d) Interpretation and Translation Services.--Section 188(a) is
amended by adding after paragraph (5) the following:
``(6) Interpretation and translation services.--One-stop
centers shall provide appropriate interpretation and
translation services to individuals who lack English
proficiency.''.
(e) State Plan.--Section 112(b)(17)(A)(iv) is amended by inserting
``(including persons who are limited English-proficient)'' after
``barriers to employment''.
(f) Specialized Assessments.--Section 134(d)(3)(C)(i) is amended in
the matter preceding subclause (I) to read as follows:
``(i) Comprehensive and specialized
assessments of the skill levels, English
proficiency, and service needs of adults and
dislocated workers, which may include--''.
SEC. 105. CONTENTS OF STATE PLAN.
Section 224(b) is amended by adding after paragraph (12) the
following new paragraph:
``(13) a description of how the eligible agency will
consult with any State agency responsible for postsecondary
education to develop adult education that prepares students to
enter postsecondary education without the need for remediation
upon completion of secondary school equivalency programs.''.
SEC. 106. STATE DISCRETIONARY FUNDING.
Section 134(a)(3)(A)(vi) is amended--
(1) in subclause (I) by striking ``and'' at the end;
(2) in subclause (II) by inserting ``and'' at the end; and
(3) by adding after clause (II) the following:
``(III) implementation of
innovative programs for special
participant populations as defined in
section 134(d)(4)(G)(iv) to increase
the number of individuals offered
occupational training in growth
industries;''.
TITLE II--AMENDMENTS TO ADULT EDUCATION AND LITERACY
SEC. 201. ADULT BASIC EDUCATION FUNDING FORMULA.
(a) Qualifying Adult.--Paragraph (3) of section 211(d) of the Adult
Education and Family Literacy Act (20 U.S.C. 9211(d)) is amended by
inserting ``or is of limited English proficiency'' after ``its
recognized equivalent''.
(b) Hold-Harmless.--Paragraph (1) of section 211(f) of the Adult
Education and Family Literacy Act (20 U.S.C. 9211(f)) is amended--
(1) in subparagraph (A), by striking ``fiscal year 1999''
and inserting ``fiscal year 2004''; and
(2) in subparagraph (b), by striking ``fiscal year 2000''
and inserting ``fiscal year 2005''.
SEC. 202. STATE PLAN CONTENTS.
Paragraph (1) of section 224(b) of the Adult Education and Family
Literacy Act (20 U.S.C. 9224(b)) is amended by striking ``including
individuals most in need or hardest to serve;'' and inserting
``including--
``(A) individuals most in need or hardest to serve;
and
``(B) individuals with limited English
proficiency;''.
SEC. 203. DIRECT AND EQUITABLE ACCESS IN GRANTS AND CONTRACTS.
(a) Section 231 of the Adult Education and Family Literacy Act (20
U.S.C. 9226) is amended--
(1) in subsection (a), by inserting ``, as outlined under
section 203(5),'' after ``State or outlying area'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking ``announcement
process and application process is used for all
eligible providers'' and inserting ``announcement
process, application process, and proposal review
process is used for all eligible providers, including
community-based organizations,'';
(C) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(3) there is a process in place to increase outreach and
recruitment to solicit grant and contract applications from
eligible community-based organizations.''; and
(b) in subsection (e)--
(1) in paragraph (3), by striking ``individuals who are
low-income or have minimal literacy skills'' and inserting
``individuals who are of limited English proficiency, are low-
income, or have minimal literacy skills'';
(2) in paragraph (9), by inserting ``community-based
organizations,'' after ``job training programs,'';
(3) in paragraph (11), by striking ``and'' at the end;
(4) in paragraph (12), by inserting ``and civics
education'' after ``additional English literacy'';
(5) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(6) by adding at the end the following:
``(13) whether the activities are located in communities
with high populations of individuals with limited English
proficiency.''.
SEC. 204. INCENTIVES FOR INTEGRATING TITLE I AND TITLE II.
(a) National Institute for Literacy.--Subparagraph (C) of section
242(c)(1) of the Adult Education and Family Literacy Act (20 U.S.C.
9252(c)(1)) is amended--
(1) by striking ``the Office of Educational Research and
Improvement'' and inserting ``the Institute of Education
Sciences'';
(2) by inserting ``and the Office of Employment and
Training in the Department of Labor'' after ``the Department of
Education''; and
(3) by inserting ``and the effectiveness of programs that
integrate occupational skills training and language
acquisition'' after ``with learning disabilities''.
(b) Performance Accountability System.--Subsection (b) of section
212 of the Adult Education and Family Literacy Act (20 U.S.C. 9212) is
amended--
(1) in paragraph (1)(A)(i), striking ``and'' at the end;
(2) in paragraph (1)(A), by adding at the end the
following:
``(iii) unified indicators of performance
(if any) identified by the eligible agency
under paragraph (2)(C); and"; and''; and
(3) in paragraph (2), by adding at the end the following:
``(C) Unified indicators.--An eligible agency shall
identify uniform indicators of performance for programs
under section 134(d)(4) or 211 and shall include in
such uniform indicators the following:
``(i) Performance measures identified in
section 136(b)(2)(A).
``(ii) Performance measures identified in
section 212(b)(2)(a)(i).''.
SEC. 205. REPORTS ON INDIVIDUALS 16 TO 18 YEARS OF AGE.
Section 241 of the Adult Education and Family Literacy Act (20
U.S.C. 9251) is amended by adding at the end the following:
``(c) Reports.--
``(1) Reports to secretary.--An eligible agency receiving
funds under this title shall annually provide the Secretary
with a report on the number participants who are 16, 17, or 18
years of age in the programs and services provided under
section 231, disaggregated by race, ethnicity, gender, limited
English proficiency status, disability, and socioeconomic
status.
``(2) Reports to congress.--Not later than June 30, 2005,
and by June 30 annually thereafter, the Secretary shall submit
a report to the Congress containing the results of the eligible
agency reports required by paragraph (1).''.
SEC. 206. NATIONAL LEADERSHIP ACTIVITIES.
Section 243 of the Adult Education and Family Literacy Act (20
U.S.C. 9253) is amended in the matter preceding paragraph (1) by
inserting ``including grants to communities experiencing large
increases of individuals with limited English proficiency who were not
accounted for in making State allocations under section 211(c)(2), for
the purpose of providing English language and civics education
programs'' after ``programs nationwide''. | Expand Access to Job Training for English Language Learners Act - Amends the Adult Education and Family Literacy Act (AEFLA), which is tile II of the Workforce Investment Partnership Act of 1998 (WIPA), and provisions for Workforce Investment Systems (WIS), which are title I of WIPA, to revise and increase access and services for individuals with limited English proficiency under such job training and adult education systems.Revises the following WIS provisions with respect to individuals with limited English proficiency: (1) intensive and training services; (2) performance measures; (3) demonstration, pilot, multiservice, research, and multistate projects; (4) assessments; (5) State plan contents; and (6) State discretionary funding.Revises the following AEFLA provisions with respect to individuals with limited English proficiency: (1) adult basic education funding formula; (2) State plan contents; (3) direct and equitable access in grants and contracts; (4) reports on individuals 16 to 18 years of age; and (5) national leadership activities.Provides for integration of WIS and AEFLA by: (1) emphasizing National Institute for Literacy coordination with the Institute of Education Sciences in the Department of Education and with the Office of Employment and Training in the Department of Labor; and (2) requiring certain uniform indicators of program performance. | {"src": "billsum_train", "title": "To amend and improve the workforce investment and adult education systems of the Nation."} | 4,032 | 271 | 0.58847 | 1.846029 | 0.806182 | 3.30888 | 13.320463 | 0.899614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Price Relief for Consumers Act
of 2008''.
TITLE I--AMENDMENT TO SHERMAN ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``No Oil Producing and Exporting
Cartels Act of 2008'' or ``NOPEC''.
SEC. 102. SHERMAN ACT.
The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding after
section 7 the following:
``Sec. 7A. (a) It shall be illegal and a violation of this Act for
any foreign state, or any instrumentality or agent of any foreign
state, to act collectively or in combination with any other foreign
state, any instrumentality or agent of any other foreign state, or any
other person, whether by cartel or any other association or form of
cooperation or joint action--
``(1) to limit the production or distribution of oil,
natural gas, or any other petroleum product;
``(2) to set or maintain the price of oil, natural gas, or
any petroleum product; or
``(3) to otherwise take any action in restraint of trade
for oil, natural gas, or any petroleum product;
when such action, combination, or collective action has a direct,
substantial, and reasonably foreseeable effect on the market, supply,
price, or distribution of oil, natural gas, or other petroleum product
in the United States.
``(b) A foreign state engaged in conduct in violation of subsection
(a) shall not be immune under the doctrine of sovereign immunity from
the jurisdiction or judgments of the courts of the United States in any
action brought to enforce this section.
``(c) No court of the United States shall decline, based on the act
of state doctrine, to make a determination on the merits in an action
brought under this section.
``(d) The Attorney General of the United States may bring an action
to enforce this section in any district court of the United States as
provided under the antitrust laws.''.
SEC. 103. SOVEREIGN IMMUNITY.
Section 1605(a) of title 28, United States Code, is amended--
(1) in paragraph (6) by striking ``or'' after the
semicolon;
(2) in paragraph (7) by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(8) in which the action is brought under section 7A of
the Sherman Act.''.
TITLE II--CREATION OF DEPARTMENT OF JUSTICE PETROLEUM INDUSTRY
ANTITRUST TASK FORCE
SEC. 201. ESTABLISHMENT OF DEPARTMENT OF JUSTICE PETROLEUM INDUSTRY
ANTITRUST TASK FORCE.
(a) Establishment of Task Force.--The Attorney General shall
establish in the Department of Justice a Petroleum Industry Antitrust
Task Force (in this title referred to as the ``Task Force'').
(b) Responsibilities of Task Force.--The Task Force shall have the
responsibility for--
(1) developing, coordinating, and facilitating the
implementation of the investigative and enforcement policies of
the Department of Justice related to petroleum industry
antitrust issues under Federal law,
(2) consulting with, and requesting assistance from, other
Federal entities as may be appropriate, and
(3) preparing and submitting to the Congress an annual
report that--
(A) describes all investigatory and enforcement
efforts of the Department of Justice related to
petroleum industry antitrust issues, and
(B) addresses the issues described in subsection
(c).
(c) Issues To Be Examined by Task Force.--The Task Force shall
examine all issues related to the application of Federal antitrust laws
to the market for petroleum and petroleum products, including the
following:
(1) The existence and effects of any price gouging in sales
of gasoline.
(2) The existence and effects of any international oil
cartels.
(3) The existence and effects of any collusive behavior in
controlling or restricting petroleum refinery capacity.
(4) The existence and effects of any anticompetitive price
discrimination by petroleum refiners or other wholesalers of
gasoline to retail sellers of gasoline.
(5) The existence and effects of any unilateral actions, by
refiners or other wholesalers of petroleum products, in the
nature of withholding supply or otherwise refusing to sell
petroleum products in order to inflate the price of such
products above competitive levels.
(6) The existence and effects of any anticompetitive
manipulation in futures markets or other trading exchanges
relating to petroleum or petroleum products.
(7) The existence and effects of any other anticompetitive
market manipulation activities involving petroleum or petroleum
products.
(8) Any other anticompetitive behavior that impacts the
price or supply of petroleum or petroleum products.
(9) The advisability of revising the merger guidelines to
appropriately take into account particular aspects of the
petroleum and petroleum products marketplace.
(10) The advisability of amending the antitrust laws in
light of any competitive problems in the petroleum and
petroleum products marketplace described in paragraphs (1)-(8)
that cannot currently be effectively addressed under such laws.
(d) Director of Task Force.--The Attorney General shall appoint a
director to head the Task Force.
(e) Initial Report.--The 1st report required by subsection (b)(2)
shall be submitted to the Congress not later than December 31, 2008.
TITLE III--STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE
SEC. 301. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Study.--Not later than 180 days after the date of the enactment
of this Act, the Comptroller General of the United States shall conduct
a study evaluating the effects of mergers addressed in covered merger
consent decrees on competition in the markets involved, including the
effectiveness of divestitures required under those consent decrees in
preserving competition in those markets.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit a report to
Congress and the Department of Justice regarding the findings of the
study conducted under subsection (b).
(c) Attorney General Consideration.--Upon receipt of the report
described in subsection (b), the Attorney General shall refer the
report to the Task Force established under section 201, which shall
consider whether any further enforcement action is warranted to protect
or restore competition in any market affected by a transaction to which
any covered merger consent decree relates.
(d) Definition.--In this section, the term ``covered merger consent
decree'' means a consent decree entered in the 10-year period ending on
the date of the enactment of this Act, in an enforcement action brought
under section 7 of the Clayton Act against a person engaged in the
business of exploring for, producing, refining, processing, storing,
distributing, or marketing petroleum or petroleum products.
Passed the House of Representatives May 20, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Gas Price Relief for Consumers Act of 2008 - Title I: Amendment to Sherman Act - No Oil Producing and Exporting Cartels Act of 2008 or NOPEC - (Sec. 102) Amends the Sherman Act to make it illegal for any foreign state or instrumentality thereof to act collectively or in combination with any other foreign state or any other person, when such action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of petroleum in the United States, to: (1) limit the production or distribution of oil, natural gas, or any other petroleum product (petroleum); (2) set or maintain the price of petroleum; or (3) otherwise take any action in restraint of trade for petroleum.
Denies a foreign state engaged in such conduct sovereign immunity from the jurisdiction or judgments of U.S. courts in any action brought to enforce this Act.
States that no U.S. court shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this Act.
Authorizes the Attorney General to bring an action in U.S. district court to enforce this Act.
(Sec. 103) Makes an exception to the jurisdictional immunity of a foreign state in an action brought under this Act.
Title II: Creation of Department of Justice Petroleum Industry Antitrust Task Force - (Sec. 201) Directs the Attorney General to establish in the Department of Justice (DOJ) a Petroleum Industry Antitrust Task Force to: (1) develop, coordinate, and facilitate the implementation of DOJ investigative and enforcement policies related to petroleum industry antitrust issues under federal law; and (2) report annually to Congress on DOJ investigatory and enforcement efforts related to petroleum industry antitrust issues, and on issues related to the application of federal antitrust laws to the market for petroleum.
Title III: Study by the Government Accountability Office - (Sec. 301) Directs the Comptroller General to: (1) conduct a study evaluating the effects of mergers addressed in covered petroleum merger consent decrees on competition in the markets involved, including the effectiveness of divestitures required in such decrees in preserving competition in those markets; and (2) report study results to Congress and DOJ.
Directs the Attorney General to refer such report to the Task Force, which shall consider whether any further enforcement action is warranted to protect or restore competition in any market affected by a transaction to which any covered merger consent decree relates. | {"src": "billsum_train", "title": "To amend the Sherman Act to make oil-producing and exporting cartels illegal and for other purposes."} | 1,577 | 536 | 0.665656 | 2.256677 | 0.71555 | 4.768908 | 2.993697 | 0.953782 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmentally Advanced
Technologies Research and Development Act''.
SECTION 2. FINANCIAL ASSISTANCE FOR TECHNOLOGY ADAPTATION TO
PROMOTE EXPORTS.
(a) Establishment.--There is established a revolving fund to be
known as the Environmental Technology Export Revolving Fund for the
purpose of providing financial assistance for the adaptation and
demonstration of United States environmental technologies to enhance
exports to major international markets.
(b) Forms of Financial Assistance.--To carry out this section, the
Secretary of Commerce may, to the extent provided in appropriations
Acts, use the Fund for the purpose of making loans, loan guarantees, or
other forms of financial assistance to United States companies,
independent research centers, institutions of higher education, and
other organizations the Secretary considers appropriate.
(c) Priorities.--In providing financial assistance under this
section, the Secretary of Commerce shall give priority to environmental
technologies--
(1) that require modifications through further research and
development to enable commercialization in international
markets;
(2) that have substantial potential for use in export
markets; and
(3) for which substantial manufacture will remain in the
United States.
(d) Operating Plan.--Not later than January 1, 1995, the Secretary
of Commerce shall submit to the Congress an operating plan to carry out
this section. The plan shall contain a description of coordination
efforts with other sources of export finance assistance, including the
Agency for International Development and the Overseas Private
Investment Corporation, and an evaluation of alternative approaches to
carrying out this section (including priorities referred to in
subsection (c)). The Secretary shall develop recommendations, as
appropriate, to carry out this section in the most effective and
efficient manner achievable. The recommendations shall include a
description of the system of evaluation used under this subsection.
(e) Terms and Conditions for Financial Assistance.--
(1) Limitation on project amount.--Loans, loan guarantees,
and other forms of financial assistance made under this section
shall be in such form and under such terms and conditions as
the Secretary of Commerce may prescribe by regulation. The
amount of assistance provided under this section for a project
may not exceed 50 percent of the total eligible project costs.
The term ``total eligible project costs'' shall be defined by
the Secretary of Commerce by regulation.
(2) Limitation on total cost.--Financial assistance under
this section shall be made under such terms and conditions as
are necessary to ensure that the cost of carrying out this
section shall not exceed 15 percent of the corresponding credit
authority to carry out this section. For purposes of this
paragraph--
(A) the term ``cost'' has the meaning given such
term in section 502(5) of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a); and
(B) the term ``credit authority'' has the meaning
given such term in section 3(10) of the Congressional
Budget Act of 1974 (2 U.S.C. 622(10)).
(f) Repayment.--Repayment on loans made under this section and the
proceeds from any other agreement entered into by the Secretary of
Commerce under this section shall be credited to the Fund. A loan or
loan guarantee agreement under this section may, at the discretion of
the Secretary of Commerce, include a requirement--
(1) that a portion of any royalties received in connection
with a technology developed with financial assistance under
this section be paid to the United States; and
(2) in any case in which the technology is used by the
recipient of such financial assistance for the production and
sale of goods, that a payment equal to the amount paid under
paragraph (1) in connection with the technology be paid to the
United States.
(g) Interest.--Interest on a loan, or portion of a loan, awarded or
guaranteed by the Federal Government under this section shall be at a
rate determined by the Secretary of the Treasury, at the time such loan
is made, to equal the then current average market yield on outstanding
debt obligations of the United States with remaining periods to
maturity comparable to the maturity of such loan, plus an additional
charge of up to 1 percent applied by the Secretary of Commerce to cover
expected defaults and reasonable administrative costs of carrying out
this section. For purposes of this section, the term ``default'' shall
be defined by the Secretary of Commerce by regulation.
(h) Management of the Fund.--The Secretary of Commerce shall manage
the Fund and shall annually submit to the Congress a report on the
financial condition and the results of operation of the Fund during the
preceding fiscal year.
(i) Technical Assistance.--The Secretary of Commerce shall, upon
request, provide technical assistance and services, as appropriate and
needed, to awardees under this section and shall ensure that awardees
have ready access to such assistance. The Secretary may charge fees for
technical assistance and services. The Secretary may waive such fees on
a case-by-case basis. Fees paid to the United States under this section
shall be deposited in the revolving fund.
(j) Coordination With Other Federal Activities.--The Secretary of
Commerce shall, to the maximum extent practicable, coordinate the
activities under this section with similar Federal activities to avoid
unnecessary duplication of effort.
(k) Outreach to Economically Depressed Areas.--The Secretary of
Commerce shall seek to ensure that qualified business concerns located
in areas determined by the Secretary to have a depressed economy, or a
significant concentration of defense-related industries, or chronically
high unemployment, are notified of the availability of financial
assistance under this section and, to the extent practicable, to
encourage and facilitate the participation of such qualified business
concerns in activities for which financial assistance in provided under
this section. | Environmentally Advanced Technologies Research and Development Act - Establishes the Environmental Technology Export Revolving Fund to provide financial assistance for the adaptation and demonstration of U.S. environmental technologies to enhance exports to major international markets. | {"src": "billsum_train", "title": "Environmentally Advanced Technologies Research and Development Act"} | 1,223 | 47 | 0.527932 | 1.255071 | 1.108386 | 4.444444 | 32.583333 | 0.944444 |
SECTION 1. STEWARDSHIP CONTRACTING PROJECTS.
(a) In General.--The Healthy Forests Restoration Act of 2003 is
amended--
(1) by striking section 604 (16 U.S.C. 6591c);
(2) by redesignating sections 601, 602, and 603 (16 U.S.C.
6591, 6591a, 6591b) as sections 701, 702, and 703,
respectively;
(3) by redesignating title VI (16 U.S.C. 6591 et seq.) (as
amended by paragraphs (1) and (2)) as title VII;
(4) in section 703(a) (as so redesignated), in the matter
preceding paragraph (1), by striking ``section 602(d)'' and
inserting ``section 702(d)''; and
(5) by inserting after title V (16 U.S.C. 6571 et seq.) the
following:
``TITLE VI--STEWARDSHIP CONTRACTING
``SEC. 601. DEFINITIONS.
``In this title:
``(1) Chief.--The term `Chief' means the Secretary, acting
through the Chief of the Forest Service.
``(2) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(3) Stewardship contract.--The term `stewardship
contract' means a contract or agreement entered into under
section 602.
``SEC. 602. PROJECTS.
``The Chief may enter into a stewardship contracting project
contract or agreement, as appropriate, with a private person or another
public entity to perform services to achieve land management goals
described in section 603 for the National Forest System that meet local
and rural community needs.
``SEC. 603. LAND MANAGEMENT GOALS.
``The land management goals of a project under section 602 may
include any of the following:
``(1) Road and trail maintenance or obliteration to restore
or maintain water quality.
``(2) Soil productivity, habitat for wildlife and
fisheries, or other resource values.
``(3) Setting of prescribed fires to improve the
composition, structure, condition, and health of stands or to
improve wildlife habitat.
``(4) Removing vegetation or other activities--
``(A) to promote healthy forest stands;
``(B) to reduce fire hazards; or
``(C) to achieve other land management objectives.
``(5) Watershed restoration and maintenance.
``(6) Restoration and maintenance of wildlife and fish.
``(7) Control of noxious and exotic weeds and
reestablishing native plant species.
``SEC. 604. AGREEMENTS OR CONTRACTS.
``(a) Procurement Procedure.--A private person or public entity for
the performance of services under a stewardship contract shall be
selected on a best-value basis, including consideration of the private
person or public entity under other public or private agreements or
contracts.
``(b) Contract for Sale of Property.--Notwithstanding any other
provision of law, a contract entered into under section 602 may, at the
discretion of the Secretary, be considered a contract for the sale of
property under such terms as the Secretary may establish.
``(c) Term.--
``(1) In general.--Except as provided in paragraph (2), the
Chief may enter into a contract under section 602 in accordance
with section 3903 of title 41, United States Code.
``(2) Maximum.--The period of a stewardship contract shall
be not longer than 10 years.
``(d) Offsets.--
``(1) In general.--The Chief may apply the value of timber
or other forest products removed as an offset against the cost
of services received under a stewardship contract.
``(2) Methods of appraisal.--The value of timber or other
forest products used as an offset under paragraph (1)--
``(A) shall be determined using appropriate methods
of appraisal commensurate with the quantity of products
to be removed; and
``(B) may--
``(i) be determined using a unit of measure
appropriate to the stewardship contracts; and
``(ii) include valuing products on a per-
acre basis.
``(e) Relation to Other Laws.--Notwithstanding subsections (d) and
(g) of section 14 of the National Forest Management Act of 1976 (16
U.S.C. 472a), the Chief may enter into a stewardship contract.
``(f) Contracting Officer.--Notwithstanding any other provision of
law, the Secretary may determine the appropriate contracting officer to
enter into and administer a stewardship contract.
``(g) Fire Liability Provisions.--Not later than 90 days after
February 7, 2014, the Chief shall issue for use in each stewardship
contract fire liability provisions that are in substantially the same
form as the fire liability provisions contained in--
``(1) integrated resource timber contracts, as described in
the Forest Service contract numbered 2400-13, part H, section
H.4; and
``(2) timber sale contracts conducted pursuant to section
14 of the National Forest Management Act of 1976 (16 U.S.C.
472a).
``SEC. 605. RECEIPTS.
``(a) In General.--The Chief may collect amounts from a stewardship
contract if the collection is a secondary objective of negotiating the
stewardship contract that will best achieve the purposes of this title.
``(b) Use.--Amounts from a stewardship contract--
``(1) may be retained by the Chief; and
``(2) shall be available for expenditure without further
appropriation--
``(A) at the project site from which the amounts
are collected; or
``(B) at another project site.
``(c) Relation to Other Laws.--
``(1) In general.--Notwithstanding any other provision of
law, the value of services received by the Chief under a
stewardship contract, and any payments made or resources
provided by the contractor or the Chief, shall not be
considered amounts received from the National Forest System.
``(2) Knutson-vandenberg act.--The Act of June 9, 1930
(commonly known as the `Knutson-Vandenberg Act') (16 U.S.C. 576
et seq.), shall not apply to a stewardship contract.
``SEC. 606. COSTS OF REMOVAL.
``The Chief may collect deposits from a contractor to cover the
costs of removal of timber or other forest products (including timber
that the contractor did not harvest) under--
``(1) the Act of August 11, 1916 (16 U.S.C. 490); and
``(2) the Act of June 30, 1914 (16 U.S.C. 498).
``SEC. 607. PERFORMANCE AND PAYMENT GUARANTEES.
``(a) In General.--The Chief may require performance and payment
bonds under sections 28.103-2 and 28.103-3 of the Federal Acquisition
Regulation, in an amount that the contracting officer considers
sufficient to protect the investment in receipts by the Federal
Government generated by the contractor from the estimated value of the
forest products to be removed under a stewardship contract.
``(b) Excess Offset Value.--If the offset value of the forest
products described in subsection (a) exceeds the value of the resource
improvement treatments, the Chief may--
``(1) collect any residual receipts under the Act of June
9, 1930 (commonly known as the `Knutson-Vandenberg Act') (16
U.S.C. 576 et seq.); and
``(2) apply the excess to other authorized stewardship
projects.
``SEC. 608. MONITORING AND EVALUATION.
``(a) In General.--The Chief shall establish and participate in a
multiparty monitoring and evaluation process that assesses the
stewardship contracting projects conducted under this title.
``(b) Participants.--Participants in the process described in
subsection (a) may include--
``(1) any cooperating governmental agency, including a
tribal government; and
``(2) any other interested group or individual.
``SEC. 609. REPORTING.
``Not later than 1 year after February 7, 2014, and annually
thereafter, the Chief shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Agriculture
of the House of Representatives a report on--
``(1) the status of development, execution, and
administration of stewardship contracts;
``(2) the specific accomplishments that have resulted from
stewardship contracts; and
``(3) the role of local communities in the development of
stewardship contract plans.''.
(b) Conforming Amendments.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by striking the items relating to title VI and
inserting the following:
``TITLE VI--STEWARDSHIP CONTRACTING
``Sec. 601. Definitions.
``Sec. 602. Projects.
``Sec. 603. Land management goals.
``Sec. 604. Agreements or contracts.
``Sec. 605. Receipts.
``Sec. 606. Costs of removal.
``Sec. 607. Performance and payment guarantees.
``Sec. 608. Monitoring and evaluation.
``Sec. 609. Reporting.
``TITLE VII--MISCELLANEOUS
``Sec. 701. Forest stands inventory and monitoring program to improve
detection of and response to environmental
threats.
``Sec. 702. Designation of treatment areas.
``Sec. 703. Administrative review.''. | This bill amends the Healthy Forests Restoration Act of 2003 to authorize the Forest Service to enter into stewardship contracting projects with private persons or other public entities to perform services to achieve land management goals for the National Forest System that meet local and rural community needs. The bill states that the land management goals of a project may include: (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing native plant species. The Forest Service shall establish and participate in a multiparty monitoring and evaluation process that assesses the projects conducted pursuant to this bill. | {"src": "billsum_train", "title": "A bill to amend the Healthy Forests Restoration Act of 2003 to provide for stewardship contracting projects, and for other purposes."} | 2,242 | 224 | 0.576194 | 1.663558 | 0.944057 | 6.220096 | 9.354067 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Service Improvement Act of
1997''.
TITLE I--SERVICE TO AIRPORTS NOT RECEIVING SUFFICIENT SERVICE
SEC. 101. AVAILABILITY OF SLOTS.
(a) Period of Effectiveness.--
(1) Slots for foreign air transportation.--Section 41714(b)
of title 49, United States Code, is amended by striking
paragraph (4).
(2) Slots for new entrants.--Section 41714(c) of title 49,
United States Code, is amended--
(A) by striking paragraph (2); and
(B) in paragraph (1), by striking the subsection
heading and all that follows through ``If the
Secretary'' and inserting the following:
``(c) Slots for New Entrants.--If the Secretary''.
(b) Slots for Airports Not Receiving Sufficient Service.--Section
41714 of title 49, United States Code, is amended--
(1) by striking subsections (e) and (f) and inserting the
following:
``(e) Slots for Airports Not Receiving Sufficient Service.--
``(1) Exemptions.--The Secretary may, by order, grant
exemptions from the requirements under subparts K and S of part
93 of title 14, Code of Federal Regulations (pertaining to
slots at high density airports) (or any subsequent similar
regulations), to enable air carriers to provide nonstop air
transportation using aircraft that comply with the stage 3
noise levels contained in part 36 of such title 14 between a
high density airport and a small hub airport or nonhub airport
that the Secretary determines is not receiving sufficient air
carrier service to and from that high density airport.
``(2) Limitations.--
``(A) In general.--No more than 2 exemptions per
hour may be granted under this subsection for slots at
any high density airport.
``(B) Washington national airport.--Not more than 6
exemptions per day may be granted under this subsection
for slots at Washington National Airport.
``(3) Application.--An air carrier interested in an
exemption under this subsection shall submit to the Secretary
an application for that exemption. No application may be
submitted to the Secretary before the last day of the 30-day
period beginning on the date of enactment of the Air Service
Improvement Act of 1997.
``(4) Deadline for decision.--
``(A) In general.--The Secretary shall make a
decision with regard to granting an exemption under
this subsection not later than the 120th day following
the date on which the application for the exemption is
submitted under paragraph (3).
``(B) Effects of failure of secretary to make a
decision.--If the Secretary does not make a decision on
or before the date specified in subparagraph (A), the
air carrier requesting the service may provide the
service that is subject to the exemption until such
time as--
``(i) the Secretary makes a decision to
deny that request; or
``(ii) the Administrator of the Federal
Aviation Administration decides that providing
that service would have an adverse effect on
air safety.
``(5) Period of effectiveness.--An exemption granted under
this subsection may remain in effect while the air carrier with
respect to which the exemption is granted continues to provide
nonstop air transportation between the airport that the
Secretary determined was not receiving sufficient air carrier
service and the high density airport involved.
``(6) Definitions.--In this subsection, the following
definitions apply:
``(A) Nonhub airport.--The term `nonhub airport'
means an airport that each year has less than 0.05
percent of the total annual boardings in the United
States.
``(B) Secretary.--The term `Secretary' means the
Secretary of Transportation.
``(C) Small hub airport.--The term `small hub
airport' means an airport that for an annual period,
has, with respect to the total annual boardings of the
United States--
``(i) at least 0.05 percent of those
boardings; and
``(ii) less than 0.25 percent of those
boardings.''; and
(2) by redesignating subsections (g) and (h) as subsections
(e) and (f), respectively.
SEC. 102. FUNDING FOR AIR CARRIER SERVICE TO AIRPORTS NOT RECEIVING
SUFFICIENT SERVICE.
Section 41742(b) is amended to read as follows:
``(b) Funding for Small Community Air Service.--
``(1) Source of funding.--Notwithstanding any other
provision of law, amounts credited to the account established
under section 45303(a) of this title, including the funds
derived from fees imposed under the authority contained in
section 45301(a) of this title, shall be used to carry out the
essential air service program under this subchapter.
``(2) Funding for air carrier service to airports not
receiving sufficient service and rural air safety.--Any amounts
from fees imposed under section 45301(a) that the Secretary
determines will not be obligated or expended by the last day of
a fiscal year for the purpose of funding the essential air
service program under this subchapter shall be made available
in that fiscal year to the Administration as follows:
``(A) Not more than $10,000,000 for fiscal year
1998, and for each fiscal year thereafter, shall be
used--
``(i) for assisting an air carrier in
purchasing aircraft to provide air
transportation to an airport that serves an
underserved market;
``(ii) to purchase slots to provide air
service between a high density airport and an
airport that the Secretary determines is not
receiving sufficient air carrier service to and
from such high density airport;
``(iii) to subsidize service to and from an
underserved airport for a period not to exceed
3 years; and
``(iv) for assisting an underserved airport
to market service to and from the underserved
airport.
``(B) Any remaining amounts of the amounts
determined by the Secretary under this paragraph shall
be available for use under this subchapter in improving
rural air safety at airports with less than 100,000
annual boardings.
``(3) Underserved airport.--In this subsection, the term
`underserved airport' means an airport that the Secretary
determines is not receiving sufficient air carrier service.''.
SEC. 103. UNFAIR COMPETITION COMPLAINTS.
Section 41712 of title 49, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``On''; and
(2) by adding at the end the following:
``(b) Deadline for Decision on Unfair Competition Complaints.--The
Secretary shall make a decision with respect to any complaint that the
Secretary receives under this section regarding whether an air carrier
has been, or is, engaged in an unfair method of competition in air
transportation or the sale of air transportation not later than 180
days after the date of receipt of the complaint.''.
TITLE II--REGIONAL AIR SERVICE INCENTIVE PROGRAM
SEC. 201. AMENDMENT OF TITLE 49, UNITED STATES CODE.
(a) In General.--Chapter 417 of title 49, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
``Sec. 41761. Purpose
``The purpose of this subchapter is to improve service by jet
aircraft to underserved markets by providing assistance, in the form of
loan guarantees, to commuter air carriers that purchase regional jet
aircraft for use in serving those markets.
``Sec. 41762. Definitions
``In this subchapter:
``(1) Aircraft purchase loan.--The term `aircraft purchase
loan' means any loan made for the purchase of commercial
transport aircraft, including spare parts normally associated
with the aircraft.
``(2) Air carrier.--The term `air carrier' means any air
carrier holding a certificate of public convenience and
necessity issued by the Secretary of Transportation under
section 41102.
``(3) Commuter air carrier.--The term `commuter air
carrier' means an air carrier that primarily operates aircraft
designed to have a maximum passenger seating capacity of 75
passengers or less in accordance with published flight
schedules.
``(4) Nonhub airport.--The term `nonhub airport' means an
airport that for an annual period has less than 0.05 percent of
the total annual boardings in the United States.
``(5) Regional jet aircraft.--The term `regional jet
aircraft' means a civil aircraft--
``(A) powered by jet propulsion; and
``(B) designed to have a maximum passenger seating
capacity of--
``(i) not less than 30 passengers; and
``(ii) not more than 75 passengers.
``(6) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(7) Small hub airport.--The term `small hub airport'
means an airport that for an annual period has with respect to
the total annual boardings of the United States--
``(A) at least 0.05 percent of these boardings; and
``(B) less than 0.25 percent of these boardings.
``(8) Underserved market.--The term `underserved market'
means a passenger air transportation market (as defined by the
Secretary) that--
``(A) is served (as determined by the Secretary) by
a nonhub airport or a small hub airport;
``(B) is not within a 40-mile radius of an airport
that each year has at least .25 percent of the total
annual boardings in the United States; and
``(C) the Secretary determines does not have
sufficient air service.
``Sec. 41763. Loan guarantees
``(a) In General.--The Secretary may guarantee any lender against
loss of principal or interest on any aircraft purchase loan made by
that lender to a commuter air carrier.
``(b) Form, Terms, and Conditions.--A guarantee shall be made under
subsection (a)--
``(1) in such form and on such terms and conditions; and
``(2) pursuant to such regulations,
as the Secretary considers to be necessary and consistent with this
subchapter.
``Sec. 41764. Conditions and limitations
``(a) Limitations on Funds.--Subject to subsection (d), no loan
guarantee shall be made under this subchapter--
``(1) extending to an amount greater than the unpaid
interest and 90 percent of the unpaid principal of any loan;
``(2) on any loan or combination of loans for an aggregate
amount greater than 90 percent of the purchase price of the
aircraft, including spare parts, to be purchased with the loan
or loan combination;
``(3) on any loan with respect to which terms permit
repayment later than 15 years after the date the loan is made;
and
``(4) in any case in which the total face amount of the
loan and any other loans to the same commuter air carrier or
corporate predecessor of that commuter air carrier that are
guaranteed and outstanding under the terms of this subchapter
exceed $100,000,000.
``(b) Conditions for Making Loans.--Subject to subsection (c), the
Secretary of Transportation may only make a loan guarantee under this
subchapter if the Secretary determines that--
``(1) the aircraft to be purchased with the loan is a
regional jet aircraft that is needed to improve the service and
efficiency of operation of the commuter air carrier;
``(2) the commuter air carrier agrees to use the aircraft
to provide service to underserved markets; and
``(3) the prospective earning power of the commuter air
carrier, together with the character and value of the security
pledged, furnish--
``(A) reasonable assurances of the ability and
intention of the air carrier to repay the loan during
the term of the loan--
``(i) to continue the operations of the air
carrier as a commuter air carrier; and
``(ii) to the extent that the Secretary
determines to be necessary, to continue the
operations of the air carrier as a commuter air
carrier between the same route or routes that
are operated by the air carrier at the time of
the loan guarantee; and
``(B) reasonable protection to the United States.
``(c) Requirement.--Subject to subsection (d), no loan guarantee
may be made under this subchapter on any loan or combination of loans
for the purchase of any regional jet aircraft that does not comply with
the stage 3 noise levels contained in part 36 of title 14 of the Code
of Federal Regulations, as in effect on January 1, 1997.
``(d) Other Limitations.--No loan guarantee shall be made by the
Secretary under this subchapter on any loan for the purchase of a
regional jet aircraft unless the commuter air carrier agrees that the
air carrier will provide service to the underserved market for which
the aircraft is purchased for a period of not less than 12 consecutive
months after the aircraft is placed in service.
``Sec. 41765. Fees
``The Secretary of Transportation shall prescribe and collect from
a lending institution a reasonable guarantee fee in connection with
each loan guaranteed under this subchapter.
``Sec. 41766. Use of Federal facilities and assistance
``(a) Use of Federal Facilities.--To permit the Secretary of
Transportation to make use of such expert advice and services as the
Secretary may require in carrying out this subchapter, the Secretary
may use available services and facilities of other agencies and
instrumentalities of the Federal Government--
``(1) with the consent of the appropriate Federal
officials; and
``(2) on a reimbursable basis.
``(b) Assistance.--The head of each appropriate department or
agency of the Federal Government shall exercise the duties and
functions of that head in such manner as to assist in carrying out the
policy specified in section 41761.
``(c) Oversight.--The Secretary shall make available to the
Comptroller General of the United States such information with respect
to the loan guarantee program conducted under this subchapter as the
Comptroller General may require to carry out the duties of the
Comptroller General under chapter 7 of title 31.
``Sec. 41767. Receipts; payments
``(a) Miscellaneous.--Amounts received by the Secretary under this
subchapter shall be credited to miscellaneous receipts of the Treasury.
``(b) Payments.--Payments to lenders required as a consequence of
any loan guarantee made under this subchapter may be made from funds
appropriated pursuant to the authorization under section 202 of the Air
Service Improvement Act of 1997.
``(c) Administrative Expenses.--In carrying out this subchapter,
the Secretary shall use funds made available by appropriations to the
Department of Transportation for the purpose of administration to cover
administrative expenses of the loan guarantee program under this
subchapter.
``Sec. 41768. Termination
``The authority of the Secretary under section 41763 shall
terminate on the date that is 5 years after the date of the enactment
of this subchapter.''.
(b) Conforming Amendment.--The analysis for chapter 417 of title
49, United States Code, is amended by adding at the end the following:
``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
``Sec.
``41761. Purpose.
``41762. Definitions.
``41763. Loan guarantees.
``41764. Conditions and limitations.
``41765. Fees.
``41766. Use of Federal facilities and assistance.
``41767. Receipts; payments.
``41768. Termination.''.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out subchapter III of chapter 417 of title 49,
United States Code. | TABLE OF CONTENTS:
Title I: Service to Airports Not Receiving Sufficient
Service
Title II: Regional Air Service Incentive Program
Air Service Improvement Act of 1997 -
Title I: Service to Airports Not Receiving Sufficient Service
- Authorizes the Secretary of Transportation to grant exemptions pertaining to the use of slots (arrival and departure spaces) at high density airports in order to enable air carriers to provide nonstop air transportation using noise-compliant aircraft between a high density airport and a small hub or nonhub airport that the Secretary determines is not receiving sufficient air service to and from the high density airport. Provides exemption limitations, including a limitation of no more than six exemptions per day for slots at Washington National Airport. Requires exemption decisions to be made by the Secretary within 120 days of application.
Makes funds not otherwise obligated or expended for the Federal essential air service program available for: (1) air carrier service to airports not receiving sufficient air service; and (2) rural air safety at airports with less than 100,000 annual boardings.
Requires a decision by the Secretary within 180 days after receipt of a complaint alleging that an air carrier has been or is engaging in an unfair method of competition in the provision or sale of air transportation.
Title II: Regional Air Service Incentive Program
- Authorizes the Secretary to guarantee any lender against loss on any loan made to a commuter air carrier (maximum seating capacity of 75 or less) for the purchase of jet aircraft when such aircraft are to be used to provide service to underserved markets. Outlines loan conditions and limitations, including that: (1) such aircraft comply with certain Federal noise-level requirements; and (2) the air carrier agrees to provide service to the underserved market(s) for at least 12 months after being placed in service. Authorizes the Secretary to: (1) collect a loan guarantee fee from such lenders; and (2) be given, and make use of, Federal facilities and assistance in carrying out the incentive program.
Terminates the above authority five years after the enactment of this Act. Authorizes appropriations. | {"src": "billsum_train", "title": "Air Service Improvement Act of 1997"} | 3,653 | 461 | 0.632737 | 1.855719 | 0.769451 | 3.069378 | 7.77512 | 0.88756 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Gas Tax Relief Act
of 2005''.
(b) Constitutional Authority to Enact This Legislation.--The
constitutional authority upon which this Act rests is the power of
Congress to lay and collect taxes, set forth in article I, section 8 of
the United States Constitution.
SEC. 2. 30-DAY SUSPENSION OF FUEL TAXES ON HIGHWAY MOTOR FUELS.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on motor and aviation fuels) is amended
by adding at the end the following new subsection:
``(f) 30-Day Suspension of Highway Motor Fuel Taxes.--
``(1) In general.--During the suspension period, no tax
shall be imposed by section 4041 or 4081 on highway motor fuel.
``(2) Definitions.--For purposes of this subsection--
``(A) Suspension period.--The term `suspension
period' means the 30-day period beginning on the day
after the date of the enactment of this Act.
``(B) Highway motor fuel.--The term `highway motor
fuel' means any fuel subject to tax under section 4041
or 4081 other than aviation gasoline and aviation-grade
kerosene.
``(3) Preemption of state law.--No State tax may be
increased by reason of any suspension of tax under this
subsection.''.
(b) Maintenance of Trust Funds Deposits; Amounts Appropriated to
Trust Funds Treated as Taxes.--
(1) In general.--There is hereby appropriated (out of any
money in the Treasury not otherwise appropriated) to each trust
fund which would (but for this subsection) receive reduced
revenues as a result of suspending a tax referred to in section
4081(f)(1) of such Code (as added by this section) an amount
equal to such reduction in revenues. Amounts appropriated by
the preceding sentence to any trust fund--
(A) 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
had subsection (a) not been enacted, and
(B) shall be treated for all purposes of Federal
law as taxes received under the appropriate section
referred to in such section 4081(f)(1).
(c) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax suspension date, tax has been imposed
under section 4081 of the Internal Revenue Code of 1986 on any
highway motor fuel, and
(2) on such date such fuel 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 section referred to as the
``taxpayer'') an amount equal to the tax paid by the taxpayer.
(b) Time for Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax
suspension date based on a request submitted to the taxpayer
before the date which is 3 months after the tax suspension date
by the dealer who held the highway motor fuel on such date, and
(2) 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.
(c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any highway motor
fuel in retail stocks held at the place where intended to be sold at
retail.
(d) Definitions.--For purposes of this section--
(1) Tax suspension date.--The term ``tax suspension date''
means the day after the date of the enactment of this Act.
(2) Other terms.--The terms ``dealer'' and ``held by a
dealer'' have the respective meanings given to such terms by
section 6412 of such Code.
(e) 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 section.
SEC. 4. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any highway motor fuel which
is held on the tax restoration date by any person, there is hereby
imposed a floor stocks tax equal to the excess of the tax which would
be imposed on such fuel had the taxable event occurred on such date
over the tax (if any) previously paid (and not credited or refunded) on
such fuel.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--The person holding highway motor
fuel on the tax restoration date to which the tax imposed by
subsection (a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before the 45th day after the tax
restoration date.
(c) Definitions.--For purposes of this section--
(1) Tax restoration date.--The term ``tax restoration
date'' means the first day after the suspension period (as
defined in section 4081(f) of such Code).
(2) Highway motor fuel.--The term ``highway motor fuel''
has the meaning given to such term by section 4081(f) of such
Code.
(3) Held by a person.--A highway motor fuel shall be
considered as held by a person if title thereto has passed to
such person (whether or not delivery to the person has been
made).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to any highway motor fuel held by any person
exclusively for any use to the extent a credit or refund of the tax is
allowable for such use.
(e) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection (a)
on any highway motor fuel held on the tax restoration date by
any person if the aggregate amount of such highway motor fuel
held by such person on such date does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person submits
to the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require for
purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account any highway motor fuel held by
any person which is exempt from the tax imposed by subsection
(a) by reason of subsection (d).
(3) Controlled groups.--For purposes of this section--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control if 1 or more of such persons is not a
corporation.
(f) Other Laws Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section 4081
of such Code shall, insofar as applicable and not inconsistent with the
provisions of this section, apply with respect to the floor stock taxes
imposed by subsection (a) to the same extent as if such taxes were
imposed by such sections. | Gas Tax Relief Act of 2005 - Amends the Internal Revenue Code to suspend the excise tax on highway motor fuels, other than aviation fuels, for a period of 30 days after the enactment of this Act. Provides for adjustments to such excise tax for floor stocks of highway motor fuels held by dealers prior to, or after, the suspension period provided by this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to suspend for 30 days the Federal excise taxes on highway motor fuels."} | 1,879 | 87 | 0.580777 | 1.406205 | 0.892078 | 2.042254 | 23.605634 | 0.859155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Tax Accountability
Act of 2012''.
SEC. 2. INELIGIBILITY OF PERSONS HAVING SERIOUSLY DELINQUENT TAX DEBTS
FOR FEDERAL EMPLOYMENT.
(a) In General.--Chapter 73 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VIII--INELIGIBILITY OF PERSONS HAVING SERIOUSLY DELINQUENT
TAX DEBTS FOR FEDERAL EMPLOYMENT
``Sec. 7381. Definitions
``For purposes of this subchapter--
``(1) the term `seriously delinquent tax debt' means an
outstanding debt under the Internal Revenue Code of 1986 for
which a notice of lien has been filed in public records
pursuant to section 6323 of such Code, except that such term
does not include--
``(A) a debt that is being paid in a timely manner
pursuant to an agreement under section 6159 or section
7122 of such Code;
``(B) a debt with respect to which a collection due
process hearing under section 6330 of such Code, or
relief under subsection (a), (b), or (f) of section
6015 of such Code, is requested or pending;
``(C) a debt with respect to which a levy has been
issued under section 6331 of such Code (or, in the case
of an applicant for employment, a debt with respect to
which the applicant agrees to be subject to a levy
issued under such section); and
``(D) a debt with respect to which relief under
section 6343(a)(1)(D) of such Code is granted;
``(2) the term `employee' means an employee in or under an
agency, including an individual described in sections 2104(b)
and 2105(e); and
``(3) the term `agency' means--
``(A) an Executive agency;
``(B) the United States Postal Service;
``(C) the Postal Regulatory Commission; and
``(D) an employing authority in the legislative
branch.
``Sec. 7382. Ineligibility for employment
``(a) In General.--Subject to subsection (c), any person who has a
seriously delinquent tax debt shall be ineligible to be appointed or to
continue serving as an employee.
``(b) Disclosure Requirement.--The head of each agency shall take
appropriate measures to ensure that each person applying for employment
with such agency shall be required to submit (as part of the
application for employment) certification that such person does not
have any seriously delinquent tax debt.
``(c) Regulations.--The Office of Personnel Management, in
consultation with the Internal Revenue Service, shall, for purposes of
carrying out this section with respect to the executive branch,
promulgate any regulations which the Office considers necessary, except
that such regulations shall provide for the following:
``(1) All due process rights, afforded by chapter 75 and
any other provision of law, shall apply with respect to a
determination under this section that an applicant is
ineligible to be appointed or that an employee is ineligible to
continue serving.
``(2) Before any such determination is given effect with
respect to an individual, the individual shall be afforded 180
days to demonstrate that such individual's debt is one
described in subparagraph (A), (B), (C), or (D) of section
7381(a)(1).
``(3) An employee may continue to serve, in a situation
involving financial hardship, if the continued service of such
employee is in the best interests of the United States, as
determined on a case-by-case basis.
``(d) Reports to Congress.--The Director of the Office of Personnel
Management shall report annually to Congress on the number of
exemptions made pursuant to subsection (c)(3).
``Sec. 7383. Review of public records
``(a) In General.--Each agency shall provide for such reviews of
public records as the head of such agency considers appropriate to
determine if a notice of lien (as described in section 7381(1)) has
been filed with respect to an employee of or an applicant for
employment with such agency.
``(b) Additional Requests.--If a notice of lien is discovered under
subsection (a) with respect to an employee or applicant for employment,
the agency may--
``(1) request that the employee or applicant execute and
submit a form authorizing the Secretary of the Treasury to
disclose to the head of the agency information limited to
describing whether the employee or applicant has a seriously
delinquent tax debt; and
``(2) contact the Secretary of the Treasury to request tax
information limited to describing whether the employee or
applicant has a seriously delinquent tax debt.
``(c) Authorization Form.--The Secretary of the Treasury shall make
available to all agencies a standard form for the authorization
described in subsection (b)(1).
``(d) Negative Consideration.--The head of an agency, in
considering an individual's application for employment or in making an
employee appraisal or evaluation, shall give negative consideration to
a refusal or failure to comply with a request under subsection (b)(1).
``Sec. 7384. Confidentiality
``Neither the head nor any other employee of an agency may--
``(1) use any information furnished under the provisions of
this subchapter for any purpose other than the administration
of this subchapter;
``(2) make any publication whereby the information
furnished by or with respect to any particular individual under
this subchapter can be identified; or
``(3) permit anyone who is not an employee of such agency
to examine or otherwise have access to any such information.''.
(b) Clerical Amendment.--The analysis for chapter 73 of title 5,
United States Code, is amended by adding at the end the following:
``SUBCHAPTER VIII--INELIGIBILITY OF PERSONS HAVING SERIOUSLY DELINQUENT
TAX DEBTS FOR FEDERAL EMPLOYMENT
``7381. Definitions.
``7382. Ineligibility for employment.
``7383. Review of public records.
``7384. Confidentiality.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 9
months after the date of enactment of this Act.
Passed the House of Representatives July 31, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Federal Employee Tax Accountability Act of 2012 - Makes any person who has a seriously delinquent tax debt ineligible for federal employment or to continue serving as a federal employee. Defines "seriously delinquent tax debt" as an outstanding tax debt for which a notice of lien has been filed in public records. Exempts a tax debt: (1) that is being paid in a timely manner under an approved installment payment agreement or an offer-in-compromise, (2) for which a collection due process hearing has been requested or pending, (3) for which a levy has been issued or agreed to by an applicant for employment, or (4) that is determined to be an economic hardship to the taxpayer.
Requires each federal agency to: (1) ensure that applicants for employment certify that they do not have a seriously delinquent tax debt, (2) review public records to determine if a notice of lien has been filed against an employee or applicant, and (3) restrict access to and use of information obtained under this Act.
Authorizes an agency, if a tax lien against a federal employee or applicant is discovered in any public record, to: (1) request such employee or applicant to execute and submit a form authorizing the Secretary of the Treasury to disclose to an agency head information describing whether the employee or applicant has a seriously delinquent tax debt, and (2) contact the Secretary to request tax information about a seriously delinquent tax debt of an employee or applicant.
Requires the Office of Personnel Management (OPM) to promulgate regulations to carry out this Act that provide taxpayers with all due process rights and to report to Congress annually on the number of exemptions granted for financial hardship. Grants federal employees or applicants 180 days to demonstrate that their tax debts are exempt from classification as a seriously delinquent tax debt under this Act.
Makes this Act effective nine months after its enactment. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to provide that persons having seriously delinquent tax debts shall be ineligible for Federal employment."} | 1,535 | 426 | 0.599555 | 1.923258 | 0.80789 | 3.03523 | 3.590786 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipality Empowerment Mapping
Achievement Act of 2017'' or the ``MEMA Act of 2017''.
SEC. 2. NATIONAL FLOOD MAPPING PROGRAM.
(a) In General.--Section 100216 of the Biggert-Waters Flood
Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``to--'' and
all that follows through the end of clause (vi) and
inserting ``to all areas of the United States;'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) in subparagraph (C), by striking ``accurate
topography'' and all that follows through the period at
the end and inserting ``current and best remote sensing
technology; and''; and
(D) by adding at the end the following:
``(D) when appropriate, partner with other Federal
agencies and private entities in order to meet the
objectives of the program.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following:
``(f) Incorporating Building-Specific Flood Risk Information.--
``(1) Establishment.--
``(A) In general.--Not later than 5 years after the
date of enactment of the Municipality Empowerment
Mapping Achievement Act of 2017, the Administrator, in
coordination with, and as recommended by, the Technical
Mapping Advisory Council, shall establish a dynamic,
database-derived digital display environment for flood
hazard risk production and dissemination.
``(B) Consultation with states and communities.--In
designing and constructing the environment under
subparagraph (A), the Administrator shall--
``(i) leverage and partner with States and
communities that have successfully implemented
the same approach; and
``(ii) consider adopting the techniques and
technologies used by States and communities
described in clause (i) and applying those
techniques and technologies nationwide.
``(2) Digital display.--
``(A) In general.--In carrying out paragraph (1),
the Administrator shall create a digital display
prompted through dynamic querying of a spatial,
relational building database that may not be publically
disseminated and that includes--
``(i) special flood hazard areas and base
flood elevations for purposes of lender
compliance with the requirements under section
102 of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4012a); and
``(ii) structure-specific flood risk
information, including, for each property
address--
``(I) the spatial footprint and
elevation of the structure relative to
special flood hazard areas and base
flood elevations;
``(II) the most current elevation
certificate applicable to the property;
``(III) any letter of map changes;
``(IV) the full risk premium rate
estimated for the structure under
section 1307(a)(1) of the National
Flood Insurance Act of 1968 (42 U.S.C.
4014(a)(1)) based on elevation data;
``(V) the disclosure described in
section 1308(l) of the National Flood
Insurance Act of 1968 (42 U.S.C.
4015(l)), which shall include--
``(aa) the extent to which,
if any, the chargeable premium
rate applicable to the property
is less than the full risk
premium rate under section
1307(a)(1) of that Act (42
U.S.C. 4014(a)(1)); and
``(bb) an explanation of
the difference described in
item (aa) and the methodology
used to rate the property;
``(VI) the estimated cost to repair
the structure in the case of damage
from floods with recurrence intervals
ranging from the 10 percent annual
chance event to the 0.2 percent annual
chance event;
``(VII) the cost-effectiveness of
mitigating the structure using common
methods and how the chargeable premium
rate would change based on each
mitigation method; and
``(VIII) the claims history of the
structure, including the amount and
date of each loss.
``(B) Privacy requirements.--With respect to the
database described in subparagraph (A), including any
data used to create that database, the Administrator
may not disseminate the database to--
``(i) the public; or
``(ii) a private company for use by the
private company.
``(3) Database.--
``(A) In general.--The Administrator shall--
``(i) develop a spatial, relational
database of buildings in the national flood
insurance program; and
``(ii) obtain the data necessary to support
the digital display created under paragraph
(2).
``(B) Data.--The data obtained under subparagraph
(A) shall include, at a minimum--
``(i) footprints and elevations (including
lowest adjacent grade and first floor) from
Light Detection and Ranging (commonly known as
`LiDAR') data collections or other data
collection methods that meet or exceed the
standards for buildings, as determined by the
Administrator;
``(ii) elevation certificates;
``(iii) parcel, address, and imagery data
necessary for the identification, assessment,
and reduction of flood hazards for individual
properties;
``(iv) flood insurance rate maps, studies,
and supporting data;
``(v) letters of map change; and
``(vi) any other data that the
Administrator determines necessary to collect
to meet the objectives of this section.
``(4) Data procurement.--The Administrator shall obtain any
data necessary to establish the environment under paragraph
(1), including by--
``(A) directing communities participating in the
national flood insurance program, by regulation, to
collect and supply information, including elevation
data, for each structure that obtains a construction or
other development permit within--
``(i) a special flood hazard area; or
``(ii) an advisory special flood hazard
area adopted by the community;
``(B) issuing guidelines and standards, as
determined by the Administrator;
``(C) partnering with other Federal, State, local,
and private stakeholders to the greatest extent
possible to obtain and share existing data that meets
or exceeds the standards determined by the
Administrator under subparagraph (B); and
``(D) contracting with private companies to obtain
new LiDAR data collections or elevation certificates.
``(5) NFIP premium credit.--The Administrator shall provide
a 1-time premium credit of not more than $500 to a policyholder
for the purchase of an elevation certificate.
``(6) Mass letters of map change.--In coordination with
States and communities that have successfully implemented a
dynamic, database-derived digital display environment for flood
hazard risk production and dissemination, the Administrator
shall issue guidelines for the adoption and integration into
the National Flood Mapping Program of LiDAR-based letter of map
amendment approaches.
``(7) Annual report.--The Administrator shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives an annual progress report on the implementation
of this subsection, which shall include recommendations to
reduce the cost and improve the implementation of this
subsection.''.
(b) Reimbursement Authority.--Section 1360 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end
the following:
``(k) Reimbursement Authority.--With respect to any State or local
agency that assists the Administrator in carrying out the
responsibilities of the Administrator under subsection (a)(2), the
Administrator may reimburse the State or local agency for the cost of
providing that assistance if the State or local agency, in providing
the assistance, complies with--
``(1) any standards established by the Administrator under
this section; and
``(2) the guidance document entitled `Guidance for Flood
Risk Analysis and Mapping: Physical Map Revision (PMR)',
published by the Administrator in November 2016.''. | Municipality Empowerment Mapping Achievement Act of 2017 or the MEMA Act of 2017 This bill amends the Biggert-Waters Flood Insurance Reform Act of 2012 to require National Flood Insurance Program (NFIP) rate maps to be published by the Federal Emergency Management Agency (FEMA) for the entire United States (current law directs the mapping of certain risk areas). In developing these rate maps, FEMA must use the most current remote sensing technology. In coordination with the Technical Mapping Advisory Council, FEMA shall establish a digital database to display the flood hazard risk of buildings in NFIP. The database must contain specified information about each property, including a certification of the building's elevation. FEMA shall provide a one-time premium credit for the purchase of an elevation certificate by a policyholder. The bill amends the National Flood Insurance Act of 1968 to allow reimbursement to local governments that assist FEMA in developing flood risk zone data. | {"src": "billsum_train", "title": "Municipality Empowerment Mapping Achievement Act of 2017"} | 1,832 | 203 | 0.515307 | 1.594182 | 0.758391 | 2.137931 | 9.821839 | 0.816092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Payday Loan Consumer
Protection Amendments of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress makes the following findings:
(1) Payday lending is a rapidly expanding form of high-
cost, short-term credit that uses a borrower's personal check
as collateral and targets individuals with limited access to
affordable credit who are in desperate need of cash to meet
immediate obligations.
(2) Consumer group studies indicate that the average annual
percentage rate on payday loans nationally is 474 percent for a
two-week loan, and that a typical payday loan is renewed ten or
more times before repayment at equivalent annual interest rates
that exceed 1000 percent.
(3) While State law has traditionally prohibited such high
cost lending through usury limits, small loan interest caps and
other restrictions, these laws have either been revised to
exempt payday loan transactions, or payday lenders have
affiliated with insured depository institutions to invoke the
most favored lender principle under Federal law to circumvent
interest rate regulation in State law.
(4) Lending that fails to assess borrowers ability to
repay, that requires consumers to write checks on insufficient
funds, that encourages perpetual debt or default on other
obligations, and that facilitates violations of State law, is
an unacceptable banking practice for insured depository
institutions that threatens the safety of the participating
institution and the broader banking system.
(5) While Congress clearly intended for the credit
protections of the Truth in Lending Act to apply broadly to all
credit transactions, including payday loan transactions, and
such application to payday loan transactions has been correctly
affirmed in recent court decisions, the provision of Truth in
Lending credit disclosures is not standard practice among
payday lenders across the country and should be a more explicit
requirement in Federal statutes and regulations.
(b) Purpose.--It is the purpose of this Act to encourage fair
lending practices by prohibiting insured depository institutions from
engaging in any form of payday lending, by restricting the use of
personal checks drawn on, or forms of withdrawals from, accounts at
insured depository institutions for purposes of making payday loans,
and by clarifying what the Congress has always intended by explicitly
stating in the Truth in Lending Act that appropriate interest rate
disclosure and other consumer protections of the Act do apply to all
payday loans.
SEC. 3. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.
Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is
amended by adding at the end the following new subsection:
``(v) Prohibition on Certain Unsafe and Unsound Banking
Practices.--
``(1) In general.--An insured depository institution may
not--
``(A) make any payday loan, either directly or
indirectly; or
``(B) make any loan to any other lender for
purposes of financing a payday loan or refinancing or
extending any payday loan.
``(2) Payday loan defined.--For purposes of this
subsection, the term `payday loan' means any transaction in
which a short-term cash advance is made to a consumer in
exchange for--
``(i) a consumer's personal check or share
draft, in the amount of the advance plus a fee,
where presentment or negotiation of such check
or share draft is deferred by agreement of the
parties until a designated future date; or
``(ii) a consumer's authorization to debit
the consumer's transaction account, in the
amount of the advance plus a fee, where such
account will be debited on or after a
designated future date.''.
SEC. 4. TRUTH IN LENDING ACT AMENDMENTS.
(a) Clarification of Application to Payday Loans.--For purposes of
clarifying that payday loans have always been within the definition of
credit, section 103(e) of the Consumer Credit Protection Act (15 U.S.C.
1602(e)) is amended, effective as of the date of the enactment of this
Act, by inserting before the period at the end ``, including any payday
loan (as defined in section 18(v)(2) of the Federal Deposit Insurance
Act)''.
(b) Prohibition on Certain Unsafe and Unsound Lending Practices.--
Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by
adding at the end the following new subsection:
``(e) Prohibition on Payday Loans Based on Checks Drawn On, or
Authorized Withdrawals From, Insured Depository Institutions.--
``(1) In general.--A creditor may not make a payday loan to
any person if the creditor knows or has reasonable cause to
believe that--
``(A) the personal check or share draft the
creditor receives from the person, in exchange for the
loan, is drawn on an insured depository institution or
insured credit union; or
``(B) the account the creditor receives permission
from the person to debit, in exchange for the loan, is
a transaction account or share draft account at an
insured depository institution or an insured credit
union.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Insured credit union.--The term `insured
credit union' has the meaning given the term in section
101 of the Federal Credit Union Act.
``(B) Insured depository institution.--The term
`insured depository institution' has the meaning given
the term in section 3 of the Federal Deposit Insurance
Act.
``(C) Payday loan defined.--The term `payday loan'
means any transaction in which a short-term cash
advance is made to a consumer in exchange for--
``(i) a consumer's personal check or share
draft, in the amount of the advance plus a fee,
where presentment or negotiation of such check
or share draft is deferred by agreement of the
parties until a designated future date; or
``(ii) a consumer's authorization to debit
the consumer's transaction or share draft
account, in the amount of the advance plus a
fee, where such account will be debited on or
after a designated future date.''.
(c) Civil Liability.--
(1) In general.--Section 130(a)(2) of the Truth in Lending
Act (15 U.S.C. 1640(a)(2)) is amended--
(A) in subparagraph (A)--
(i) by inserting ``clauses (i) and (ii)
of'' after ``except that the liability under'';
(ii) by striking ``$100'' and inserting
``$200''; and
(iii) by striking ``$1,000'' and inserting
``$10,000''; and
(B) in subparagraph (B), by striking ``lesser of
$500,000 or 1 per centum of the net worth of the
creditor'' and inserting ``greater of--
``(i) the amount determined by multiplying
the maximum amount of liability subparagraph
(A) for each such failure to comply in an
individual action by the number of members in
the certified class; or
``(ii) the amount equal to 2 percent of the
creditor''.
(2) Technical and conforming amendments.--Section 130(a) of
the Truth in Lending Act is amended--
(A) in the matter preceding paragraph (1), by
striking ``equal to the sum of--'' and inserting
``equal to the sum of amounts determined under the
following paragraphs, whichever apply:''; and
(B) in the 4th sentence which begins after the end
of paragraph (4) by striking ``disclosures referred to
in section 128'' and inserting ``disclosures referred
to in section 128(a)''.
SEC. 5. EFFECTIVE DATE.
Except as provided in section 4(a), which is a clarification of
existing law, the requirements of this Act and the amendments made by
this Act shall take effect at the end of the 90-day period beginning on
the date of the enactment of this Act and shall apply to payday loans
initiated on or after such date and to an extension or renewal of a
payday loan made on or after such date. | Federal Payday Loan Consumer Protection Amendments of 2001 - Amends the Federal Deposit Insurance Act with respect to any transaction (payday loan) in which a short-term cash advance is made to a consumer in exchange for: (1) the consumer's personal check or share draft, in the amount of the advance plus a fee, where presentment or negotiation is deferred by agreement of the parties until a designated future date; or (2) a consumer's authorization to debit the consumer's transaction account, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date.Prohibits an insured depository institution from making: (1) payday loans; and (2) any loan to any lender in order to either finance, refinance, or extend a payday loan.Amends the Consumer Credit Protection Act to redefine credit to include a payday loan.Amends the Truth in Lending Act to prohibit a creditor from making a payday loan if the creditor has reasonable cause to believe that: (1) the personal check or share draft received in exchange for such loan is drawn upon either an insured depository institution or insured credit union; or (2) the account debited in exchange for such loan is a transaction or share draft account at an insured depository institution or an insured credit union.Sets forth civil liabilities for violations of this Act. | {"src": "billsum_train", "title": "To amend the Federal Deposit Insurance Act and the Truth in Lending Act to prohibit federally insured institutions from engaging in high-cost payday loans, to expand protections for consumers in connection with the making of such loans by uninsured entities, and for other purposes."} | 1,871 | 299 | 0.535607 | 1.754435 | 0.619172 | 4.74717 | 6.301887 | 0.935849 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Stop Asset and Vehicle Excess
Act'' or the ``DHS SAVE Act''.
SEC. 2. DHS VEHICLE FLEETS.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended--
(1) in subsection (a)(5), by inserting ``vehicle fleets
(under subsection (c)),'' after ``equipment,'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Vehicle Fleets.--
``(1) In general.--In carrying out responsibilities
regarding vehicle fleets pursuant to subsection (a)(5), the
Under Secretary for Management shall be responsible for
overseeing and managing vehicle fleets throughout the
Department. The Under Secretary shall also be responsible for
the following:
``(A) Ensuring that components are in compliance
with Federal law, Federal regulations, executive branch
guidance, and Department policy (including issuing
guidance relating to such) relating to fleet management
and use of vehicles from home to work.
``(B) Developing and distributing a standardized
vehicle allocation methodology and fleet management
plan for components to use to determine optimal fleet
size in accordance with paragraph (4).
``(C) Ensuring that components formally document
fleet management decisions.
``(D) Approving component fleet management plans,
vehicle leases, and vehicle acquisitions.
``(2) Component responsibilities.--
``(A) In general.--Component heads--
``(i) shall--
``(I) comply with Federal law,
Federal regulations, executive branch
guidance, and Department policy
(including guidance relating to such)
relating to fleet management and use of
vehicles from home to work;
``(II) ensure that data related to
fleet management is accurate and
reliable;
``(III) use such data to develop a
vehicle allocation tool derived by
using the standardized vehicle
allocation methodology provided by the
Under Secretary for Management to
determine the optimal fleet size for
the next fiscal year and a fleet
management plan; and
``(IV) use vehicle allocation
methodologies and fleet management
plans to develop annual requests for
funding to support vehicle fleets
pursuant to paragraph (6); and
``(ii) may not, except as provided in
subparagraph (B), lease or acquire new vehicles
or replace existing vehicles without prior
approval from the Under Secretary for
Management pursuant to paragraph (5)(B).
``(B) Exception regarding certain leasing and
acquisitions.--If exigent circumstances warrant such, a
component head may lease or acquire a new vehicle or
replace an existing vehicle without prior approval from
the Under Secretary for Management. If under exigent
circumstances a component head so leases, acquires, or
replaces a vehicle, such component head shall provide
to the Under Secretary an explanation of such
circumstances.
``(3) Ongoing oversight.--
``(A) Quarterly monitoring.--In accordance with
paragraph (4), the Under Secretary for Management shall
collect, on a quarterly basis, information regarding
component vehicle fleets, including information on
fleet size, composition, cost, and vehicle utilization.
``(B) Automated information.--The Under Secretary
for Management shall seek to achieve a capability to
collect, on a quarterly basis, automated information
regarding component vehicle fleets, including the
number of trips, miles driven, hours and days used, and
the associated costs of such mileage for leased
vehicles.
``(C) Monitoring.--The Under Secretary for
Management shall track and monitor component
information provided pursuant to subparagraph (A) and,
as appropriate, subparagraph (B), to ensure that
component vehicle fleets are the optimal fleet size and
cost effective. The Under Secretary shall use such
information to inform the annual component fleet
analyses referred to in paragraph (4).
``(4) Annual review of component fleet analyses.--
``(A) In general.--To determine the optimal fleet
size and associated resources needed for each fiscal
year beginning with fiscal year 2018, component heads
shall annually submit to the Under Secretary for
Management a vehicle allocation tool and fleet
management plan using information described in
paragraph (3)(A). Such tools and plans may be submitted
in classified form if a component head determines that
such is necessary to protect operations or mission
requirements.
``(B) Vehicle allocation tool.--Component heads
develop a vehicle allocation tool in accordance with
subclause (III) of paragraph (2)(A)(i) that includes an
analysis of the following:
``(i) Vehicle utilization data, including
the number of trips, miles driven, hours and
days used, and the associated costs of such
mileage for leased vehicles, in accordance with
such paragraph.
``(ii) The role of vehicle fleets in
supporting mission requirements for each
component.
``(iii) Any other information determined
relevant by such component heads.
``(C) Fleet management plans.--Component heads
shall use information described in subparagraph (B) to
develop a fleet management plan for each such
component. Such fleet management plans shall include
the following:
``(i) A plan for how each such component
may achieve optimal fleet size determined by
the vehicle allocation tool required under such
subparagraph, including the elimination of
excess vehicles in accordance with paragraph
(5), if applicable.
``(ii) A cost benefit analysis supporting
such plan.
``(iii) A schedule each such component will
follow to obtain optimal fleet size.
``(iv) Any other information determined
relevant by component heads.
``(D) Review.--The Under Secretary for Management
shall review and make a determination on the results of
each component's vehicle allocation tool and fleet
management plan under this paragraph to ensure each
such component's vehicle fleets are the optimal fleet
size and that components are in compliance with
applicable Federal law, Federal regulations, executive
branch guidance, and Department policy pursuant to
paragraph (2) relating to fleet management and use of
vehicles from home to work. The Under Secretary shall
use such tools and plans when reviewing annual
component requests for vehicle fleet funding in
accordance with paragraph (6).
``(5) Guidance to develop fleet management plans.--The
Under Secretary for Management shall provide guidance, pursuant
to paragraph (1)(B) on how component heads may achieve optimal
fleet size in accordance with paragraph (4), including
processes for the following:
``(A) Leasing or acquiring additional vehicles or
replacing existing vehicles, if determined necessary.
``(B) Disposing of excess vehicles that the Under
Secretary determines should not be reallocated under
subparagraph (C).
``(C) Reallocating excess vehicles to other
components that may need temporary or long-term use of
additional vehicles.
``(6) Annual review of vehicle fleet funding requests.--As
part of the annual budget process, the Under Secretary for
Management shall review and make determinations regarding
annual component requests for funding for vehicle fleets. If
component heads have not taken steps in furtherance of
achieving optimal fleet size in the prior fiscal year pursuant
to paragraphs (4) and (5), the Under Secretary shall provide
rescission recommendations to the Committee on Appropriations
and the Committee on Homeland Security of the House of
Representatives and the Committee on Appropriations and the
Committee on Homeland Security and Governmental Affairs of the
Senate regarding such component vehicle fleets.
``(7) Accountability for vehicle fleet management.--
``(A) Prohibition on certain new vehicle leases and
acquisitions.--The Under Secretary for Management and
component heads may not approve in any fiscal year
beginning with fiscal year 2019 a vehicle lease,
acquisition, or replacement request if such component
heads did not comply in the prior fiscal year with
paragraph (4).
``(B) Prohibition on certain performance
compensation.--No Department official with vehicle
fleet management responsibilities may receive annual
performance compensation in pay in any fiscal year
beginning with fiscal year 2019 if such official did
not comply in the prior fiscal year with paragraph (4).
``(C) Prohibition on certain car services.--
Notwithstanding any other provision of law, no senior
executive service official of the Department whose
office has a vehicle fleet may receive access to a car
service in any fiscal year beginning with fiscal year
2019 if such official did not comply in the prior
fiscal year with paragraph (4).
``(8) Motor pool.--
``(A) In general.--The Under Secretary for
Management may determine the feasibility of operating a
vehicle motor pool to permit components to share
vehicles as necessary to support mission requirements
to reduce the number of excess vehicles in the
Department.
``(B) Requirements.--The determination of
feasibility of operating a vehicle motor pool under
subparagraph (A) shall--
``(i) include--
``(I) regions in the United States
in which multiple components with
vehicle fleets are located in proximity
to one another, or a significant number
of employees with authorization to use
vehicles are located; and
``(II) law enforcement vehicles;
``(ii) cover the National Capital Region;
and
``(iii) take into account different mission
requirements.
``(C) Report.--The Secretary shall include in the
Department's next annual performance report required
under current law the results of the determination
under this paragraph.
``(9) Definitions.--In this subsection:
``(A) Component head.--The term `component head'
means the head of any component of the Department with
a vehicle fleet.
``(B) Excess vehicle.--The term `excess vehicle'
means any vehicle that is not essential to support
mission requirements of a component.
``(C) Optimal fleet size.--The term `optimal fleet
size' means, with respect to a particular component,
the appropriate number of vehicles to support mission
requirements of such component.
``(D) Vehicle fleet.--The term `vehicle fleet'
means all owned, commercially leased, or Government-
leased vehicles of the Department or of a component of
the Department, as the case may be, including vehicles
used for law enforcement and other purposes.''.
SEC. 3. GAO REPORT AND INSPECTOR GENERAL REVIEW.
(a) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs a report on the following:
(1) The status of efforts at achieving a capability to
collect automated information as required under subsection
(c)(3) of section 701 of the Homeland Security Act of 2002 (6
U.S.C. 341), as added by section 2 of this Act, and any
challenges that remain with respect to achieving the capability
to collect, assess, and report vehicle fleet (as such term in
defined in subsection (c)(9) of such section 701) data for the
purpose of determining vehicle utilization.
(2) The extent to which the Under Secretary for Management
has identified and addressed any relevant security concerns,
including cybersecurity risks, related to such automation.
(3) The extent to which the Under Secretary collects,
assesses, and reports on vehicle fleet event data recorder
data.
(b) Inspector General Review.--The Inspector General of the
Department of Homeland Security shall--
(1) review implementation of subsection (c)(4) of section
701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as
added by section 2 of this Act, for fiscal years 2018 and 2020,
and shall provide, upon request, to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate
information regarding any such review; and
(2) submit to the committees specified in paragraph (1) a
report, not later than 6 months after completion of the second
review required under such paragraph, regarding the
effectiveness of such subsection with respect to cost
avoidance, savings realized, and component operations.
Passed the House of Representatives July 11, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on April 14, 2016. DHS Stop Asset and Vehicle Excess Act or the DHS SAVE Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to make the Under Secretary for Management of the Department of Homeland Security (DHS) responsible for overseeing and managing vehicle fleets throughout DHS, including: ensuring that DHS components are in compliance with federal law, executive branch guidance, and DHS policy regarding fleet management and use of vehicles from home to work; developing and distributing a standardized vehicle allocation methodology and fleet management plan; ensuring that components formally document fleet management decisions; and approving component fleet management plans, vehicle leases, and vehicle acquisitions. The bill lists responsibilities of component heads regarding vehicle fleets, including developing and annually submitting to the Under Secretary a vehicle allocation tool and fleet management plan. The Under Secretary shall: collect, on a quarterly basis, information regarding component vehicle fleets; seek to achieve a capability to collect automated information regarding component vehicle fleets; track and monitor component information, and review each component's vehicle allocation tool and fleet management plan, to ensure that component vehicle fleets are the optimal size and are cost effective; provide guidance on how component heads may achieve optimal fleet size; and as part of the annual budget process, review and make determinations regarding annual component requests for vehicle fleet funding. Beginning with FY2019, the Under Secretary and component heads may not approve a vehicle lease, acquisition, or replacement request, no DHS official with vehicle fleet management responsibilities may receive annual performance compensation in pay, and no senior executive service official of DHS whose office has a vehicle fleet may receive access to a car service, if such heads or official did not comply in the prior fiscal year with vehicle allocation tool and fleet management plan requirements. The Under Secretary may determine the feasibility of operating a vehicle motor pool to permit components to share vehicles to reduce the number of excess DHS vehicles. (Sec. 3) The Governmental Accountability Office must submit to specified congressional committees a report on: the status of efforts at achieving a capability to collect automated information regarding component vehicle fleets and any challenges that remain with respect to achieving the capability to collect, assess, and report vehicle fleet data for the purpose of determining vehicle utilization; the extent to which the Under Secretary has identified and addressed any relevant security concerns, including cybersecurity risks, related to such automation; and the extent to which the Under Secretary collects, assesses, and reports on vehicle fleet event data recorder data. The Inspector General of DHS shall: (1) review implementation of vehicle allocation tool and fleet management plan requirements for FY2018 and FY2020 and provide information regarding any such review to such committees, upon request; and (2) submit to the committees, by six months after completion of the second review, a report regarding the effectiveness of such requirements with respect to cost avoidance, savings realized, and component operations. | {"src": "billsum_train", "title": "DHS SAVE Act"} | 2,670 | 633 | 0.70026 | 2.238077 | 0.818026 | 4.614726 | 4.409247 | 0.943493 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Retirement
Protection Improvement Act of 2004''.
SEC. 2. ESTABLISHMENT OF DISTRICT OF COLUMBIA FEDERAL PENSION FUND FOR
PAYMENT OF FEDERAL BENEFIT PAYMENTS TO DISTRICT OF
COLUMBIA TEACHERS, POLICE OFFICERS, AND FIRE FIGHTERS.
(a) In General.--Subtitle A of title XI of the Balanced Budget Act
of 1997 (sec. 1--801.01 et seq., D.C. Official Code) is amended--
(1) by redesignating chapter 9 as chapter 10;
(2) by redesignating sections 11081 through 11087 as sections
11091 through 11097; and
(3) by inserting after chapter 8 the following new chapter:
``CHAPTER 9--DISTRICT OF COLUMBIA FEDERAL PENSION FUND
``SEC. 11081. CREATION OF FUND.
``(a) Establishment.--There is established on the books of the
Treasury the District of Columbia Teachers, Police Officers, and
Firefighters Federal Pension Fund (hereafter referred to as the `D.C.
Federal Pension Fund'), consisting of the following:
``(1) The assets transferred pursuant to section 11083.
``(2) The annual Federal payments deposited pursuant to section
11084.
``(3) Any amounts otherwise appropriated to such Fund.
``(4) Any income earned on the investment of the assets of such
Fund pursuant to subsection (b).
``(b) Investment of Assets.--The Secretary shall invest such
portion of the assets of the D.C. Federal Pension Fund as is not in the
judgment of the Secretary required to meet current withdrawals. Such
investments shall be in public debt securities with maturities suitable
to the needs of the D.C. Federal Pension Fund, as determined by the
Secretary, and bearing interest at rates determined by the Secretary,
taking into consideration current market yields on outstanding
marketable obligations of the United States of comparable maturities.
``(c) Recordkeeping for Actuarial Status.--The Secretary shall
provide for the keeping of such records as are necessary for
determining the actuarial status of the D.C. Federal Pension Fund.
``SEC. 11082. USES OF AMOUNTS IN FUND.
``(a) In General.--Amounts in the D.C. Federal Pension Fund shall
be used--
``(1) to make Federal benefit payments under this subtitle;
``(2) subject to subsection (b), to cover the reasonable and
necessary administrative expenses incurred by any person in
administering the D.C. Federal Pension Fund and carrying out this
chapter;
``(3) for the accumulation of funds in order to finance
obligations of the Federal Government for future benefits; and
``(4) for such other purposes as are specified in this
subtitle.
``(b) Budgeting, Certification, and Approval of Administrative
Expenses.--The administrative expenses of the D.C. Federal Pension Fund
shall be paid in accordance with an annual budget set forth by the
Pension Fund Trustee which shall be subject to certification and
approval by the Secretary.
``SEC. 11083. TRANSFER OF ASSETS AND OBLIGATIONS OF TRUST FUND AND
FEDERAL SUPPLEMENTAL FUND.
``(a) Transfer of Obligations.--Effective October 1, 2004, all
obligations to make Federal benefit payments shall be transferred from
the Trust Fund to the D.C. Federal Pension Fund.
``(b) Transfer of Assets.--Effective October 1, 2004, all assets of
the Trust Fund and all assets of the Federal Supplemental Fund as of
such date shall be transferred to the D.C. Federal Pension Fund.
``SEC. 11084. DETERMINATION OF ANNUAL FEDERAL PAYMENTS INTO D.C.
FEDERAL PENSION FUND.
``(a) Annual Amortization Amount.--
``(1) In general.--At the end of each fiscal year (beginning
with fiscal year 2005), the Secretary shall promptly pay into the
D.C. Federal Pension Fund from the general fund of the Treasury an
amount equal to the annual amortization amount for the year (which
may not be less than zero).
``(2) Determination of amount.--For purposes of paragraph (1)--
``(A) the `original unfunded liability' is the present
value as of the effective date of this Act of expected future
benefits payable from the Federal Supplemental Fund; and
``(B) the `annual amortization amount' means the amount
determined by the enrolled actuary to be necessary to amortize
in equal annual installments (until fully amortized)--
``(i) the original unfunded liability over a 30-year
period,
``(ii) a net experience gain or loss over a 10-year
period, and
``(iii) any other changes in actuarial liability over a
20-year period.
``(3) Schedule for amortization.--In determining the annual
amortization amount under paragraph (2)(B), the enrolled actuary
shall include amounts necessary to complete the amortization
schedules used for determining the annual amortization amount for
payments into the Federal Supplemental Fund under section 11053 (as
in effect prior to the enactment of this chapter).
``(b) Administrative Expenses.--During each fiscal year (beginning
with fiscal year 2009), the Secretary shall pay into the D.C. Federal
Pension Fund from the general fund of the Treasury the amounts
necessary to pay the reasonable and necessary administrative expenses
described in section 11082(a)(2) for the year.
``SEC. 11085. ADMINISTRATION THROUGH PENSION FUND TRUSTEE.
``(a) In General.--The Secretary shall select a Pension Fund
Trustee to carry out the responsibilities and duties specified in this
subtitle in accordance with the contract described in subsection (b).
``(b) Contract.--The Secretary shall enter into a contract with the
Pension Fund Trustee to provide for the auditing of D.C. Federal
Pension Fund assets, the making of Federal benefit payments under this
subtitle from the D.C. Federal Pension Fund, and such other matters as
the Secretary deems appropriate. The Secretary shall enforce the
provisions of the contract and otherwise monitor the administration of
the D.C. Federal Pension Fund.
``(c) Subcontracts.--Notwithstanding any provision of a District
Retirement Program or any other law, rule, or regulation, the Pension
Fund Trustee may, with the approval of the Secretary, enter into one or
more subcontracts with the District Government or any person to provide
services to the Pension Fund Trustee in connection with its performance
of the contract. The Pension Fund Trustee shall monitor the performance
of any such subcontract and enforce its provisions.
``(d) Determination by the Secretary.--Notwithstanding subsection
(b) or any other provision of this subtitle, the Secretary may
determine, with respect to any function otherwise to be performed by
the Pension Fund Trustee, that in the interest of economy and
efficiency such function shall be performed by the Secretary rather
than the Pension Fund Trustee.
``(e) Reports.--The Pension Fund Trustee shall report to the
Secretary, in a form and manner and at such intervals as the Secretary
may prescribe, on any matters under the responsibility of the Pension
Fund Trustee as the Secretary may prescribe.
``SEC. 11086. APPLICABILITY OF OTHER PROVISIONS TO D.C. FEDERAL PENSION
FUND.
``The following provisions of this subtitle shall apply with
respect to the D.C. Federal Pension Fund in the same manner as such
provisions applied with respect to the Trust Fund prior to October 1,
2004:
``(1) Section 11023(b) (relating to the repayment by the
District Government of costs attributable to errors or omissions in
transferred records).
``(2) Section 11034 (relating to the treatment of the Trust
Fund under certain laws).
``(3) Section 11061 (relating to annual valuations and reports
by the enrolled actuary), except that in applying section 11061(b)
to the D.C. Federal Pension Fund, the annual report required under
such section shall include a determination of the annual payment to
the D.C. Federal Pension Fund under section 11084.
``(4) Section 11062 (relating to reports by the Comptroller
General).
``(5) Section 11071 (relating to judicial review).
``(6) Section 11074 (relating to the treatment of
misappropriation of Trust Fund amounts as a Federal crime).''.
(b) Termination of Current Funds.--
(1) District of columbia federal pension liability trust
fund.--Chapter 4 of subtitle A of title XI of such Act (sec. 1--
807.01 et seq., D.C. Official Code) is amended by adding at the end
the following new section:
``SEC. 11036. TERMINATION OF TRUST FUND.
``Effective upon the transfer of the obligations and assets of the
Trust Fund to the D.C. Federal Pension Fund under section 11083--
``(1) the Trust Fund shall terminate; and
``(2) the obligation to make Federal benefit payments from the
Trust Fund, and any duty imposed on any person with respect to the
Trust Fund, shall terminate.''.
(2) Federal supplemental district of columbia pension fund.--
Chapter 6 of subtitle A of title XI of such Act (sec. 1--811.01 et
seq., D.C. Official Code) is amended by adding at the end the
following new section:
``SEC. 11056. TERMINATION OF FEDERAL SUPPLEMENTAL FUND.
``Effective upon the transfer of the assets of the Federal
Supplemental Fund to the D.C. Federal Pension Fund under section
11083--
``(1) the Federal Supplemental Fund shall terminate; and
``(2) any duty imposed on any person with respect to the
Federal Supplemental fund shall terminate.''.
(c) Conforming Definitions.--
(1) Trustee.--Section 11003(16) of such Act (sec. 1--
801.02(16), D.C. Official Code) is amended by striking the period
at the end and inserting the following: ``, or, beginning October
1, 2004, the Pension Fund Trustee selected by the Secretary under
section 11085.''.
(2) D.C. federal pension fund.--Section 11003 of such Act (sec.
1--801.02, D.C. Official Code) is amended--
(A) by redesignating paragraphs (3) through (16) as
paragraphs (4) through (17); and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) The term `D.C. Federal Pension Fund' means the District
of Columbia Teachers, Police Officers, and Firefighters Federal
Pension Fund established under section 11081.''.
(d) Other Conforming Amendment.--Section 11041(b) of such Act (sec.
1--809.01(b), D.C. Official Code) is amended in the heading by striking
``From Trust Fund''.
(e) Clerical Amendments.--The table of contents of subtitle A of
title XI of such Act is amended--
(1) by adding at the end of the items relating to chapter 4 the
following:
``Sec. 11036. Termination of Trust Fund.'';
(2) by adding at the end of the items relating to chapter 6 the
following:
``Sec. 11056. Termination of Federal Supplemental Fund.'';
(3) by redesignating the item relating to chapter 9 as relating
to chapter 10;
(4) by redesignating the items relating to sections 11081
through 11087 as relating to sections 11091 through 11097; and
(5) by inserting after the items relating to chapter 8 the
following:
``Chapter 9--District of Columbia Federal Pension Fund
``Sec. 11081. Creation of Fund.
``Sec. 11082. Uses of Amounts in Fund.
``Sec. 11083. Transfer of Assets and Obligations of Trust Fund and
Federal Supplemental Fund.
``Sec. 11084. Determination of Annual Federal Payment Into D.C. Federal
Pension Fund.
``Sec. 11085. Administration Through Pension Fund Trustee.
``Sec. 11086. Applicability of Other Provisions to D.C. Federal Pension
Fund.''.
SEC. 3. ADMINISTRATION OF DISTRICT OF COLUMBIA JUDICIAL RETIREMENT AND
SURVIVORS ANNUITY FUND.
(a) Procedures for Resolving Denied Benefit Claims.--
(1) In general.--Section 11--1570(c), D.C. Official Code, is
amended by adding at the end the following new paragraph:
``(3)(A) In accordance with procedures approved by the
Secretary, the Secretary shall provide to any individual whose
claim for a benefit under this subchapter has been denied in whole
or in part--
``(i) adequate written notice of such denial, setting forth
the specific reasons for the denial in a manner calculated to
be understood by the average participant in the program of
benefits under this subchapter; and
``(ii) a reasonable opportunity for a full and fair review
of the decision denying such claim.
``(B) Any factual determination made by the Secretary pursuant
to this paragraph shall be presumed correct unless rebutted by
clear and convincing evidence. The Secretary's interpretation and
construction of the benefit provisions of this subchapter shall be
entitled to great deference.''.
(2) Effective date.--The amendment made by paragraph (1) shall
apply with respect to claims for benefits which are made after the
date of the enactment of this Act.
(b) Treatment of Misappropriation of Fund Amounts as Federal
Crime.--
(1) In general.--Section 11--1570, D.C. Official Code, is
amended by adding at the end the following new subsection:
``(l) The provisions of section 664 of title 18, United States Code
(relating to theft or embezzlement from employee benefit plans), shall
apply to the Fund.''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect on the date of the enactment of this Act.
SEC. 4. ADMINISTRATION OF RETIREMENT PROGRAM FOR POLICE OFFICERS, FIRE
FIGHTERS, AND TEACHERS BY OTHER THAN CHIEF FINANCIAL
OFFICER.
(a) In General.--Section 424(c)(21) of the District of Columbia
Home Rule Act (sec. 1--204.24c(21), D.C. Official Code) is amended by
striking ``systems'' and inserting the following: ``systems (other than
the retirement system for police officers, fire fighters, and
teachers)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2005 and each succeeding fiscal year.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | District of Columbia Retirement Protection Improvement Act of 2004 - (Sec. 2) Amends the Balanced Budget Act of 1997 to establish in the Treasury the District of Columbia Teachers, Police Officers, and Firefighters Federal Pension Fund (D.C. Federal Pension Fund) consisting of transfers of all: (1) District of Columbia Federal Pension Liability Trust Fund obligations to make Federal benefit payments; and (2) assets of such Trust Fund and the Federal Supplemental District of Columbia Pension Fund.
Specifies the use of the D.C. Federal Pension Fund, including but not limited to: (1) making Federal benefit payments; and (2) financing Federal obligations for future benefits.
Transfers as of October 1, 2004: (1) all obligations to make Federal benefit payments from the Trust Fund to the D.C. Federal Pension Fund; and (2) all assets of the Trust Fund and all assets of the Federal Supplemental Fund to the D.C. Federal Pension Fund.
Requires the Secretary of the Treasury to make annual Federal payments into the D.C. Federal Pension Fund from the general fund of the Treasury.
Provides for the administration of the D.C. Federal Pension Fund by a Pension Fund Trustee selected by the Secretary.
Requires the Secretary to enter into a contract with the Pension Fund Trustree to provide for the auditing of the D.C. Federal Pension Fund's assets, the making of such Federal benefit payments, and such other matters as the Secretary deems appropriate.
Authorizes the Pension Fund Trustee, with the Secretary's approval, to enter into one or more subcontracts with the District government or any person to provide services to the Pension Fund Trustee in connection with its performance of the contract.
Permits the Secretary to determine, in the interest of economy and efficiency, with respect to any function otherwise to be performed by the Pension Fund Trustee, that such function shall be performed by the Secretary.
Applies the same specified Federal law to the D.C. Federal Pension Fund that applied to the Trust Fund before October 1, 2004.
Terminates the Trust Fund and the Federal Supplemental Fund upon transfer of all their assets and obligations to the D.C. Federal Pension Fund.
(Sec. 3) Sets forth procedures for resolving denied benefit claims with respect to the District of Columbia Judicial Retirement and Survivors Annuity Fund.
Treats misappropriation of the D.C. Federal Pension Fund as a Federal crime.
(Sec. 4) Amends the District of Columbia Home Rule Act to provide that the Chief Financial Officer shall not administer the retirement system for police officers, fire fighters, and teachers. | {"src": "billsum_train", "title": "To amend the Balanced Budget Act of 1997 to improve the administration of Federal pension benefit payments for District of Columbia teachers, police officers, and fire fighters, and for other purposes."} | 3,452 | 561 | 0.638331 | 1.944525 | 0.766006 | 4.88501 | 6.020534 | 0.950719 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) Ukraine allows its citizens the right and opportunity
to emigrate, free of anything more than a nominal tax on
emigration or on the visas or other documents required for
emigration and free of any tax, levy, fine, fee, or other
charge on any citizens as a consequence of the desire of such
citizens to emigrate to the country of their choice;
(2) Ukraine has been found to be in full compliance with
the freedom of emigration requirements under title IV of the
Trade Act of 1974 since 1997;
(3) since reestablishing independence in 1991, Ukraine has
taken important steps toward the creation of democratic
institutions and a free-market economy and, as a participating
state of the Organization for Security and Cooperation in
Europe (OSCE), is committed to developing a system of
governance in accordance with the principles regarding human
rights and humanitarian affairs that are set forth in the Final
Act of the Conference on Security and Cooperation in Europe
(also known as the ``Helsinki Final Act'') and successive
documents;
(4) Ukraine has shown progress towards meeting
international commitments and standards in its most recent
Parliamentary elections, recognizing that significant
shortcomings remain, including in the implementation of
Ukraine's election laws, illegal interference by public
authorities in the electoral process, and allegations of
intimidation against opposition contestants, activists, and
voters;
(5) as a participating state of the OSCE, Ukraine is
committed to addressing issues relating to its national and
religious minorities and to adopting measures to ensure that
persons belonging to national minorities have full equality
both individually and communally;
(6) Ukraine has enacted legislation providing protection
against incitement to violence against persons or groups based
on national, racial, ethnic, or religious discrimination,
including anti-Semitism, and has committed itself, including
through a letter to the President of the United States, to
ensuring freedom of religion and combating racial and ethnic
intolerance and hatred;
(7) Ukraine has engaged in efforts to combat ethnic and
religious intolerance by cooperating with various United States
nongovernmental organizations;
(8) Ukraine is continuing the restitution of religious
properties, including religious and communal properties
confiscated from national and religious minorities during the
Soviet era, is facilitating the revival of those minority
groups, and is in the process of developing a legislative
framework for completing this process, as was confirmed in a
letter to the President of the United States;
(9) Ukraine has received normal trade relations treatment
since concluding a bilateral trade agreement with the United
States that entered into force on June 23, 1992;
(10) Ukraine is making progress toward accession to the
World Trade Organization, recognizing that many issues remain
to be resolved, including commitments relating to access of
United States agricultural products, protection of intellectual
property rights, tariff and excise tax reductions for goods
(including automobiles), trade in services, agricultural
subsidy levels, elimination of export incentives for industrial
goods, and reform of customs procedures and technical,
sanitary, and phytosanitary measures;
(11) Ukraine has enacted protections reflecting
internationally recognized labor rights, noting that gaps
remain both in the country's legal regime and its enforcement
record;
(12) as a participating state of the OSCE, Ukraine has
committed itself to respecting freedom of the press, although
infringements of this freedom continue to occur;
(13) Ukraine has established positive relations with
neighboring countries, and has stated its desire to pursue a
course of European integration with a commitment to ensuring
democracy and prosperity for its citizens; and
(14) Ukraine has participated with the United States in its
peacekeeping operations in Europe and has provided important
cooperation in the global struggle against international
terrorism.
SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974
TO UKRAINE.
(a) Presidential Determinations and Extension of Unconditional and
Permanent Nondiscriminatory Treatment.--Notwithstanding any provision
of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
President may--
(1) determine that such title should no longer apply to
Ukraine; and
(2) after making a determination under paragraph (1) with
respect to Ukraine, proclaim the extension of unconditional and
permanent nondiscriminatory treatment (permanent normal trade
relations treatment) to the products of that country.
(b) Termination of Application of Title IV.--On and after the
effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of Ukraine, chapter 1 of
title IV of the Trade Act of 1974 shall cease to apply to that country.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the United States remain fully
committed to a multifaceted engagement with Ukraine, including by--
(1) urging Ukraine to fulfill its commitments as a
participating member of the OSCE, and to continue its current
policy--
(A) of providing for the free emigration of its
citizens;
(B) of safeguarding religious liberty throughout
Ukraine;
(C) of enforcing existing Ukrainian laws at the
national and local levels to combat ethnic, religious,
and racial discrimination and violence;
(D) of expanding the restitution of religious and
communal properties, including establishing a legal
framework for the completion of such restitution in the
future; and
(E) of respecting media freedoms fully;
(2) working with Ukraine to improve in the areas described
in section 1(11);
(3) supporting Ukraine's efforts to make substantial and
meaningful progress in enacting and enforcing the protection of
intellectual property rights;
(4) working with Ukraine to ensure quick resolution of
trade disputes that may arise, particularly in the poultry and
other agricultural sectors; and
(5) continuing monitoring by the United States of human
rights, rule of law, and media freedoms in Ukraine, including
the issues described in paragraphs (1) and (2), providing
assistance to nongovernmental organizations and human rights
groups involved in human rights, democracy, and rule of law
activities in Ukraine, and attempting to establish annual
discussions with Ukraine regarding those issues, including the
participation of United States and Ukrainian nongovernmental
organizations in such discussions.
SEC. 4. REPORTING REQUIREMENT.
The reports required by sections 102(b) and 203 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and
6433) shall continue to include an assessment of the status of the
issues described in subparagraphs (A) through (D) of section 3(1).
SEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 23, 1992,
BILATERAL TRADE AGREEMENT.
(a) Finding.--The Congress finds that the trade agreement between
the United States and Ukraine that entered into force on June 23, 1992,
remains in force between the 2 countries and provides the United States
with important rights, including the right to use specific safeguard
rules to respond to import surges from Ukraine.
(b) Applicability of Safeguard.--Section 421 of the Trade Act of
1974 (19 U.S.C. 2451) shall apply to Ukraine to the same extent as such
section applies to the People's Republic of China, so long as the trade
agreement described in subsection (a) remains in force.
SEC. 6. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION
NEGOTIATIONS.
(a) Notice of Agreement on Accession to WTO by Ukraine.--Not later
than 5 days after the date on which the United States has entered into
a bilateral agreement with Ukraine on the terms of accession by Ukraine
to the World Trade Organization, the President shall so notify the
Congress, and the President shall transmit to the Congress, not later
than 15 days after that agreement is entered into, a report that sets
forth the provisions of that agreement.
(b) Resolution of Disapproval.--
(1) Introduction.--If a resolution of disapproval is
introduced in the House of Representatives or the Senate during
the 30-day period (not counting any day which is excluded under
section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)),
beginning on the date on which the President first notifies the
Congress under subsection (a) of the agreement referred to in
that subsection, that resolution of disapproval shall be
considered in accordance with this subsection.
(2) Resolution of disapproval.--In this subsection, the
term ``resolution of disapproval'' means only a joint
resolution of the two Houses of the Congress, the matter after
the resolving clause of which is as follows: ``That it is the
sense of the Congress that the agreement between the United
States and Ukraine on the terms of accession by Ukraine to the
World Trade Organization, of which Congress was notified on __,
does not adequately advance the interests of the United
States.'', with the blank space being filled with the
appropriate date.
(3) Procedures for considering resolutions.--
(A) Introduction and referral.--Resolutions of
disapproval--
(i) in the House of Representatives--
(I) may be introduced by any Member
of the House;
(II) shall be referred to the
Committee on Ways and Means and, in
addition, to the Committee on Rules;
and
(III) may not be amended by either
Committee; and
(ii) in the Senate--
(I) may be introduced by any Member
of the Senate;
(II) shall be referred to the
Committee on Finance; and
(III) may not be amended.
(B) Committee discharge and floor consideration.--
The provisions of subsections (c) through (f) of
section 152 of the Trade Act of 1974 (19 U.S.C. 2192(c)
through (f)) (relating to committee discharge and floor
consideration of certain resolutions in the House and
Senate) apply to a resolution of disapproval to the
same extent as such subsections apply to resolutions
under such section.
(c) Rules of House of Representatives and Senate.--Subsection (b)
is enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such are
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House. | Authorizes the President to extend unconditional and permanent nondiscriminatory (permanent normal trade relations) treatment to the products of the Ukraine.
Expresses the sense of Congress that the United States remain fully committed to a multifaceted engagement with Ukraine, including by: (1) urging Ukraine to fulfill its commitments as a participating member of the Organization for Security and Cooperation in Europe (OSCE), and to continue its current policy with regard to human rights, rule of law, and media freedoms; (2) working with Ukraine to improve in the areas of its legal regime and enforcement of internationally recognized labor rights; (3) supporting Ukraine's efforts to make substantial and meaningful progress in enacting and enforcing the protection of intellectual property rights; (4) working with Ukraine to ensure quick resolution of trade disputes that may arise, particularly in the poultry and other agricultural sectors; and (5) continued monitoring by the United States of human rights, rule of law, and media freedoms in Ukraine, including the issues described in this Act, providing assistance to nongovernmental organizations and human rights groups involved in human rights, democracy, and rule of law activities in Ukraine, and attempting to establish annual discussions with Ukraine regarding those issues, including the participation of United States and Ukrainian nongovernmental organizations in such discussions.
Applies to Ukraine to the same extent as to the People's Republic of China, so long as the 1992 trade agreement between the United States and Ukraine remains in force, the requirement of the Trade Act of 1974 that the President proclaim increased duties or other import restrictions with respect to any product of Ukraine being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to U.S. producers of a like or directly competitive product.
Sets forth procedures with respect to: (1) notification by the President to Congress regarding U.S. entry into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the World Trade Organization; (2) a resolution of disapproval of such agreement; and (3) procedures for consideration of the resolution. | {"src": "billsum_train", "title": "A bill to authorize the extension of unconditional and permanent nondiscriminatory treatment (permanent normal trade relations treatment ) to the products of Ukraine, and for other purposes."} | 2,324 | 429 | 0.596174 | 1.929938 | 0.755601 | 5.997506 | 5.411471 | 0.935162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Opportunity and
Growth Act of 2003''.
SEC. 2. EXCEPTION FROM TAX ON RECOGNIZED BUILT-IN GAIN OF S
CORPORATIONS.
(a) In General.--Section 1374 of the Internal Revenue Code of 1986
(relating to tax imposed on certain built-in gains) is amended by
redesignating subsection (e) as subsection (f) and by inserting after
subsection (d) the following new subsection:
``(e) Exception for Reinvested Amounts.--
``(1) In general.--If an existing S corporation has a net
recognized built-in gain for any taxable year in the
recognition period (determined by taking into account only
assets held on March 27, 2003) and elects the application of
this subsection, the amount of such gain on which tax is
imposed by subsection (a) shall not exceed the amount equal to
the excess of--
``(A) the amount realized on the disposition of
those assets that resulted in such gain, over
``(B) the excess of--
``(i) the aggregate qualified expenditures
made by the S corporation during the
nonrecognition period, over
``(ii) the portion (if any) of such
expenditures previously taken into account
under this subsection.
``(2) Payment of tax.--If--
``(A) the return of an S corporation shows that no
tax is required to be paid on an amount of recognized
built-in gain for any taxable year by reason of
paragraph (1) because the S corporation anticipates
making qualified expenditures during the succeeding
taxable year, and
``(B) as of the close of such succeeding taxable
year, tax is required to be paid on such amount because
of the failure to make such expenditures,
then the tax imposed by this chapter for the first taxable year
of the nonrecognition period shall be increased by 10 percent
of the increase in tax (determined without regard to this
paragraph) for such year by reason of the failure to make such
expenditures.
``(3) Qualified expenditures.--For purposes of this
subsection, the term `qualified expenditures' means--
``(A) amounts chargeable to capital account for
property used in a trade or business of the S
corporation,
``(B) payments of principal and interest on pre-
effective date debt of the S corporation, and
``(C) amounts distributed to shareholders to the
extent such amounts do not exceed the aggregate of such
shareholders' tax imposed by this chapter (and State
and local taxes) on amounts attributable to the
disposition of those assets that resulted in such net
recognized built-in gain.
Payments of principal as part of a refinancing of pre-effective
date debt shall not be taken into account under subparagraph
(B).
``(4) Nonrecognition period.--For purposes of this
subsection, the term `nonrecognition period' means, with
respect to a taxable year for which an S corporation has a net
recognized built-in gain, such taxable year and the succeeding
taxable year.
``(5) Pre-effective date debt.--For purposes of paragraph
(2)(B), the term `pre-effective date debt' means--
``(A) debt incurred before March 27, 2003, and
``(B) debt incurred on or after such date to
refinance debt described in subparagraph (A) (or
refinanced indebtedness meeting the requirements of
this subparagraph) to the extent that (immediately
after the refinancing) the principal amount of the
indebtedness resulting from the refinancing does not
exceed the principal amount of the refinanced
indebtedness (immediately before the refinancing).
``(6) Anti-abuse rule.--Solely for purposes of determining
the treatment of distributions to shareholders under section
1368 during the recognition period--
``(A) any increase in the accumulated adjustment
account and shareholder basis by reason of the
disposition of those assets that resulted in the net
recognized built-in gain shall not exceed the amounts
described in paragraph (2)(C), and
``(B) any increase in such account and shareholder
basis which is not permitted under subparagraph (A)
shall occur immediately after the recognition period.
``(7) Existing s corporation.--The term `existing S
corporation' means any S corporation for which an election
under section 1362 is filed before March 27, 2003.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning during or after the calendar year which
includes the date of the enactment of this Act but only with respect to
built-in gain recognized after such date. | Small Business Opportunity and Growth Act of 2003 - Amends the Internal Revenue Code to provide that the tax imposed on the recognition of built-in gain by an S corporation shall not apply to the extent such gain is reinvested in the business. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide that the tax on recognized built-in gain of an S corporation shall not apply to amounts reinvested in the business."} | 1,071 | 53 | 0.53485 | 1.276381 | 0.702765 | 2.565217 | 21.021739 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cluster-Based Economy Enhancement
Act of 2009''.
SEC. 2. GRANTS FOR CLUSTER-BASED ECONOMIC DEVELOPMENT.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding
at the end the following:
``SEC. 219. GRANTS FOR CLUSTER-BASED ECONOMIC DEVELOPMENT.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Cluster.--The term `cluster' means a geographic
concentration of business entities that--
``(A) are in competing, complementary, or
interdependent firms and industries;
``(B) do business with one another; and
``(C) have common needs for talent, technology, and
infrastructure.
``(2) Eligible applicant.--The term `eligible applicant'
means--
``(A) a State or local government;
``(B) an institution of higher education; or
``(C) a nonprofit economic development
organization.
``(3) Region.--The term `region' means an area that on the
date of submission of an application for a grant under this
section, meets 1 or more of the criteria described in section
301(a), and--
``(A) is determined by the Secretary to qualify for
a grant under this section; or
``(B) has been designated by the Consolidated Farm
and Rural Development Act and the Food, Conservation,
and Energy Act of 2008, as an area in which a regional
development commission has been established, including:
``(i) The delta region.--The term `Delta
Region' means the region defined in section
382A(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa(2)).
``(ii) The northern great plains region.--
The term `Northern Great Plains Region' means
the region defined in section 383A(4) of the
Consolidated Farm and Rural Development Act (7
U.S.C. 2009bb(4)).
``(iii) The southeast crescent region.--The
term `Southeast Crescent Region' means the
region defined in section 15731 of title 40,
United States Code (as amended by the Food,
Conservation, and Energy Act of 2008 (Public
Law 110-234)).
``(iv) The southwest border region.--The
term `Southwest Border Region' means the region
defined in section 15732 of title 40, United
States Code (as amended by the Food,
Conservation, and Energy Act of 2008 (Public
Law 110-234)).
``(v) The northern border region.--The term
`Northern Border Region' means the region
defined in section 15733 of title 40, United
States Code (as amended by the Food,
Conservation, and Energy Act of 2008 (Public
Law 110-234)).
``(b) Grants.--On the application of an eligible applicant, the
Secretary may make a grant--
``(1) to assess the potential for the development of
clusters and the enhancement of existing clusters;
``(2) to establish cluster development programs in a
region; and
``(3) to promote cluster development programs in a region
and support the staff who operate such programs.
``(c) Cost Sharing.--
``(1) In general.--The Federal share of the cost of a
project carried out using funds made available under this
section shall be 50 percent.
``(2) In-kind contributions.--Not more than 50 percent of
the non-Federal share of the cost of a project carried out
using funds made available under this section may be provided
through in-kind contributions.
``(3) Inapplicability of certain section.--Section 204
shall not apply to this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000, to remain available
until expended.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note) is amended by inserting after the item relating
to section 218 the following:
``Sec. 219. Grants for cluster-based economic development.''. | Cluster-Based Economy Enhancement Act of 2009 - Amends the Public Works and Economic Development Act of 1965 to authorize the Secretary of Commerce to make grants to a state or local government, an institution of higher education, or a nonprofit economic development organization to: (1) assess the potential for the development or enhancement of business clusters (geographic concentrations of business entities that are in competing, complementary, or interdependent firms and industries, that do business with one another, and that have common needs for talent, technology, and infrastructure); (2) establish cluster development programs in regions determined by the Secretary to qualify for a grant or which have been designated by the Consolidated Farm and Rural Development Act and the Food, Conservation, and Energy Act of 2008 as areas in which regional development commissions have been established; and (3) promote cluster development programs in such regions and support the staff who operate such programs.
Limits: (1) the federal share of the cost of projects carried out using funds authorized by this Act to 50%; and (2) the portion of the non-federal share of project costs that may be provided through in-kind contributions to 50%. | {"src": "billsum_train", "title": "To establish a grant program to support cluster-based economic development efforts."} | 1,017 | 233 | 0.6944 | 1.917825 | 0.880817 | 4.269565 | 3.886957 | 0.93913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs for America Act of 2004''.
SEC. 2. AMENDMENTS TO THE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION
ACT.
(a) Definition.--Section 2(a) of the Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2101(a)) is amended--
(1) in paragraph (3)(B), by striking ``for--'' and all that
follows through ``500 employees'' in clause (ii), and inserting
``for at least 50 employees'';
(2) in paragraph (7), by striking ``and'' at the end;
(3) in paragraph (8), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(9) the term `offshoring of jobs' means any action taken
by an employer the effect of which is to create, shift, or
transfer work or facilities outside the United States and which
results in an employment loss during any 30 day period for 15
or more employees.''.
(b) Determinations With Respect to Employment Loss.--Section 3(d)
of the Worker Adjustment and Retraining Notification Act (29 U.S.C.
2102(d)) is amended--
(1) by striking ``each of which'' and inserting ``1 or more
of which''; and
(2) by striking ``within any 90-day period'' and inserting
``within any 180-day period''.
(c) Notice.--Section 3 of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2102) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``60-day'' and inserting ``90-day''; and
(B) in paragraph (1), by striking ``and'' at the
end;
(C) in paragraph (2), by striking the period and
inserting ``; and''; and
(D) by inserting after paragraph (2), the
following:
``(3) to the Secretary of Labor.'';
(2) in subsection (b), by striking ``60-day'' each place
that such appears and inserting ``90-day''; and
(3) by adding at the end the following:
``(e) Notice for Offshoring of Jobs.--In the case of a notice under
subsection (a) regarding the offshoring of jobs, the notice shall
include, in addition to the information otherwise required by the
Secretary with respect to other notices under such subsection,
information concerning--
``(1) the number of jobs affected;
``(2) the location to which work or facilities are being
shifted or transferred; and
``(3) the reasons that such shifting or transferring of
work or facilities is occurring.''.
(d) Technical Amendments.--The Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.) is amended--
(1) by striking ``plant closing or mass layoff'' each place
that such appears and inserting ``plant closing, mass layoff,
or offshoring of jobs'';
(2) by striking ``closing or layoff'' each place that such
appears and inserting ``closing, layoff, or offshoring''; and
(3) in section 3--
(A) in the section heading by striking ``plant
closings and mass layoffs'' and inserting ``plant
closings, mass layoffs, and offshoring of jobs'';
(B) in subsection (b)(2)(A), by striking ``closing
or mass layoff'' and inserting ``closing, layoff, or
offshoring''; and
(C) in subsection (d), by striking ``section
2(a)(2) or (3)'' and inserting ``paragraph (2), (3), or
(9) of section 2(a)''.
(e) Civil Actions Against Employers.--Section 5(a) of the Worker
Adjustment and Retraining Notification Act (29 U.S.C. 2104(a)) is
amended--
(1) in paragraph (1), by striking ``60 days'' and inserting
``90 days'';
(2) in paragraph (1)(A)(ii), by striking ``and'';
(3) in paragraph (1)(B), by striking the period and
inserting ``; and'';
(4) in paragraph (1), by inserting after subparagraph (B)
the following:
``(C) any other consequential damages incurred by the
aggrieved employee as a result of the violation of section 3 of
this Act.'';
(5) in paragraph (3), by inserting ``State or'' after
``with respect to a'';
(6) in paragraph (4), by adding at the end the following:
``If the court determines that an employer acted in bad faith
in an attempt to evade the requirements of this Act, the court
may, in its discretion, award to persons seeking to enforce
this Act, treble damages.''; and
(7) in paragraph (5), by inserting ``, a State,'' after ``a
representative of employees''.
(f) Posting of Employee Rights.--The Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2101 et seq.) is amended by
adding at the end the following:
``SEC. 11. POSTING OF NOTICE OF RIGHTS.
``(a) Development.--Not later than 60 days after the date of
enactment of this section, the Secretary of Labor shall develop a
notice of employee rights under this Act for posting by employers.
``(b) Posting.--Each employer shall post in a conspicuous place in
places of employment the notice of the rights of employees as developed
by the Secretary under subsection (a).''.
(g) Annual Report.--The Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.), as amended by subsection
(d), is further amended by adding at the end the following:
``SEC. 12. CONTENTS OF ANNUAL REPORTS BY THE SECRETARY OF LABOR.
``(a) In General.--The Secretary of Labor shall collect and compile
statistics based on the information submitted to the Secretary under
subsections (a)(3) and (e) of section 3.
``(b) Report.--Not later than 120 days after the date on which each
regular session of Congress commences, the Secretary of Labor shall
prepare and submit to the President and the appropriate committees of
Congress a report on the offshoring of jobs (as defined in section
2(a)(9)). Each such report shall include information concerning--
``(1) the number of jobs affected by offshoring;
``(2) the locations to which work or facilities are being
shifted or transferred;
``(3) the reasons why such shifts and transfers are
occurring; and
``(4) any other relevant data compiled under subsection
(a).''. | Jobs for America Act of 2004 - Amends the Worker Adjustment and Retraining Notification Act to provide protections for employees relating to the offshoring of jobs.
Revises the definition of mass layoff to mean a reduction in force which is not the result of a plant closing and results in an employment loss at the single site of employment for a 30-day period for at least 50 employees.
Defines offshoring of jobs as any action taken by an employer the effect of which is to create, shift, or transfer work or facilities outside the United States and which results in an employment loss during any 30 day period for 15 or more employees.
Sets forth requirements for notices for offshoring of jobs.
Establishes requirements for posting of notice of rights by employers and for contents of annual reports by the Secretary of Labor.
Revises provisions relating to: (1) determinations with respect to employment loss; and (2) civil actions against employers. | {"src": "billsum_train", "title": "To amend the Worker Adjustment and Retraining Notification Act to provide protections for employees relating to the offshoring of jobs."} | 1,636 | 203 | 0.596987 | 1.600835 | 0.760079 | 4.906077 | 8.066298 | 0.895028 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hospital Price Reporting and
Disclosure Act of 2005''.
SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA.
Part B of title II of the Public Health Service Act (42 U.S.C. 238
et seq.) is amended by adding at the end the following new section:
``data reporting by hospitals and public posting
``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than
80 days after the end of each semiannual period beginning January 1 or
July 1 (beginning more than one year after the date of the enactment of
this section), a hospital shall report to the Secretary the following
data:
``(1) The frequency with which the hospital performed each
service selected under subparagraph (A) or (B) of subsection
(c)(1) in an inpatient or outpatient setting, respectively,
during such period.
``(2) The frequency with which the hospital administered a
drug selected under subparagraph (C) of such subsection in an
inpatient setting during such period.
``(3) If the service was so performed or the drug was so
administered during such period, the average charge and the
medium charge by the hospital for such service or drug during
such period.
``(b) Public Availability of Data.--
``(1) Public posting of data.--The Secretary shall promptly
post, on the official public Internet site of the Department of
Health and Human Services, the data reported under subsection
(a). Such data shall be set forth in a manner that promotes
charge comparison among hospitals.
``(2) Notice of availability.--A hospital shall prominently
post at each admission site of the hospital a notice of the
availability of the data reported under subsection (a) on the
official public Internet site under paragraph (1).
``(c) Selection of Services and Drugs.--For purposes of this
section:
``(1) Initial selection.--Based on national data, the
Secretary shall select the following:
``(A) The 25 most frequently performed services in
a hospital inpatient setting.
``(B) The 25 most frequently performed services in
a hospital outpatient setting.
``(C) The 50 most frequently administered drugs in
a hospital inpatient setting.
``(2) Updating selection.--The Secretary shall periodically
update the services and drugs selected under paragraph (1).
``(d) Civil Money Penalty.--The Secretary may impose a civil money
penalty of not more than $10,000 for each knowing violation of
subsection (a) or (b)(2) by a hospital. The provisions of subsection
(i)(2) of section 351A shall apply with respect to civil money
penalties under this subsection in the same manner as such provisions
apply to civil money penalties under subsection (i)(1) of such section.
``(e) Administrative Provisions.--
``(1) In general.--The Secretary shall prescribe such
regulations and issue such guidelines as may be required to
carry out this section.
``(2) Classification of services.--The regulations and
guidelines under paragraph (1) shall include rules on the
classification of different services and the assignment of
items and procedures to those services (including inpatient
diagnostic related groups (DRGs), outpatient procedures, and
tests) and classification of drugs. For purposes of the
preceding sentence, classification of drugs may include unit,
strength, and dosage information.
``(3) Computation of average and median charges.--
``(A) In general.--The regulations and guidelines
under paragraph (1) shall include a methodology for
computing an average charge and a median charge for a
service or drug, in accordance with subparagraph (B).
``(B) Methodology.--The methodology prescribed by
the Secretary under subparagraph (A) shall ensure that
the average charge and the median charge for a service
or drug reflect the amount charged before any
adjustment based on a rate negotiated with a third
party.
``(4) Form of report and notice.--The regulations and
guidelines under paragraph (1) shall specify the electronic
form and manner by which a hospital shall report data under
subsection (a) and the form for posting of notices under
subsection (b)(2).
``(f) Rules of Construction.--
``(1) Non-preemption of state laws.--Nothing in this
section shall be construed as preempting or otherwise affecting
any provision of State law relating to the disclosure of
charges or other information for a hospital.
``(2) Charges.--Nothing in this section shall be construed
to regulate or set hospital charges.
``(g) Definitions.--For purposes of this section:
``(1) Hospital.--The term `hospital' has the meaning given
such term by the Secretary.
``(2) Drug.--The term `drug' includes a biological and a
non-prescription drug, such as an ointment.''. | Hospital Price Reporting and Disclosure Act of 2005 - Amends the Public Health Service Act to require a hospital to: (1) report data to the Secretary of Health and Human Services regarding the frequency of performing certain services and administering certain drugs and the charge by the hospital for such services or drugs; and (2) prominently post such information at each admission site. Requires the Secretary to: (1) publicly post such information in a manner that promotes charge comparisons among hospitals; and (2) select which services or drugs are to be reported based on how frequently each service is performed or each drug is administered.
Allows the Secretary to impose a civil monetary penalty for violations of this Act. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide for the public disclosure of charges for certain hospital services and drugs."} | 1,087 | 145 | 0.579174 | 1.511682 | 0.692138 | 2.192593 | 7.511111 | 0.874074 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charitable IRA Rollover Act of
2003''.
SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR
CHARITABLE PURPOSES.
(a) In General.--Subsection (d) of section 408 of the Internal
Revenue Code of 1986 (relating to individual retirement accounts) is
amended by adding at the end the following new paragraph:
``(8) Distributions for charitable purposes.--
``(A) In general.--No amount shall be includible in
gross income by reason of a qualified charitable
distribution from an individual retirement account to
an organization described in section 170(c).
``(B) Special rules relating to charitable
remainder trusts, pooled income funds, and charitable
gift annuities.--
``(i) In general.--No amount shall be
includible in gross income by reason of a
qualified charitable distribution from an
individual retirement account--
``(I) to a charitable remainder
annuity trust or a charitable remainder
unitrust (as such terms are defined in
section 664(d)),
``(II) to a pooled income fund (as
defined in section 642(c)(5)), or
``(III) for the issuance of a
charitable gift annuity (as defined in
section 501(m)(5)).
The preceding sentence shall apply only if no
person holds an income interest in the amounts
in the trust, fund, or annuity attributable to
such distribution other than one or more of the
following: the individual for whose benefit
such account is maintained, the spouse of such
individual, or any organization described in
section 170(c).
``(ii) Determination of inclusion of
amounts distributed.--In determining the amount
includible in the gross income of any person by
reason of a payment or distribution from a
trust referred to in clause (i)(I) or a
charitable gift annuity (as so defined), the
portion of any qualified charitable
distribution to such trust or for such annuity
which would (but for this subparagraph) have
been includible in gross income--
``(I) shall be treated as income
described in section 664(b)(1), and
``(II) shall not be treated as an
investment in the contract.
``(iii) No inclusion for distribution to
pooled income fund.--No amount shall be
includible in the gross income of a pooled
income fund (as so defined) by reason of a
qualified charitable distribution to such fund.
``(C) Qualified charitable distribution.--For
purposes of this paragraph, the term `qualified
charitable distribution' means any distribution from an
individual retirement account--
``(i) which is made on or after the date
that the individual for whose benefit the
account is maintained has attained age 59\1/2\,
and
``(ii) which is made directly from the
account to--
``(I) an organization described in
section 170(c), or
``(II) a trust, fund, or annuity
referred to in subparagraph (B).
``(D) Denial of deduction.--The amount allowable as
a deduction under section 170 to the taxpayer for the
taxable year shall be reduced (but not below zero) by
the sum of the amounts of the qualified charitable
distributions during such year which would be
includible in the gross income of the taxpayer for such
year but for this paragraph.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act. | Charitable IRA Rollover Act of 2003 - Amends the Internal Revenue Code to exempt from inclusion as income individual retirement account (IRA) distributions used for qualified charitable purposes. Sets forth related rules for charitable remainder trusts, pooled income funds, and charitable gift annuities. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to waive the income inclusion on a distribution from an individual retirement account to the extent that the distribution is contributed for charitable purposes."} | 849 | 65 | 0.532604 | 1.187703 | 1.127477 | 3.102041 | 14.877551 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Drug Education and
Outreach Act of 2008''.
SEC. 2. PRESCRIPTION DRUG EDUCATION AND OUTREACH.
Part A of title IX of the Public Health Service Act (42 U.S.C. 299
et seq.) is amended by adding at the end the following:
``SEC. 904. PRESCRIPTION DRUG EDUCATION AND OUTREACH.
``(a) In General.--The Secretary, acting through the Director,
shall establish a program to award grants or contracts--
``(1) under subsection (b) for the development and
production of educational materials concerning the evidence
available on the relative safety, relative effectiveness, and
relative cost of prescription drugs, non-prescription drugs,
and non-drug interventions for treating selected conditions,
for distribution to healthcare providers who prescribe such
drugs and their patients; and
``(2) under subsection (c) for the development and
implementation of a program to appropriately train and deploy
health professionals to educate physicians and other drug
prescribers concerning the relative safety, relative
effectiveness, and relative cost of prescription drugs, non-
prescription drugs, and non-drug interventions for treating
selected conditions.
``(b) Educational Material Grants or Contracts.--
``(1) In general.--The Secretary, acting through the
Director, shall award grants or contracts to eligible entities
for the development and production of educational materials
concerning the evidence available on the relative safety,
relative effectiveness, and relative cost of prescription
drugs, non-prescription drugs, and non-drug interventions for
treating selected conditions, for presentation to healthcare
providers who prescribe such drugs and their patients.
``(2) Eligible entities.--To be eligible to receive a grant
or contract under paragraph (1) an entity shall--
``(A) be a non-profit or governmental entity that
is able to demonstrate clinical expertise, including--
``(i) a medical school;
``(ii) an academic medical center;
``(iii) a school of pharmacy;
``(iv) a medical society;
``(v) a pharmacist society;
``(vi) a research institute; and
``(vii) any other entity determined
appropriate by the Secretary;
``(B) receive no support from any entity that
manufactures products used to treat the medical
conditions discussed, or from any organization funded
by such entities, during the period beginning 1 year
prior to the submission of an application under this
paragraph and ending 1 year after the date on which the
grant or contract is received; and
``(C) submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary may require, including--
``(i) information on the conditions for
which the entity will develop and produce
educational materials using grant or contract
funds; and
``(ii) a plan for ensuring the
effectiveness of such education materials and
for interacting with entities receiving grants
or contracts under subsection (c).
``(3) Criteria for awarding grants or contracts.--In
evaluating grant or contract applications received under this
subsection, the Secretary shall take into consideration--
``(A) the capacity of the entities to perform the
activities described in paragraph (4);
``(B) the conditions that the educational materials
involved will relate to, with a preference for
minimizing redundancy; and
``(C) the quality of the proposed educational
materials involved, including--
``(i) whether materials are based upon
peer-reviewed sources or based upon scientific
research which conforms to the accepted
standards of experimental design, data
collection, analysis, and interpretation;
``(ii) the likelihood that the materials
will accurately reflect the comprehensive body
of available evidence that is accepted within
the practice of medicine; and
``(iii) the adequacy of the methods to be
used to analyze the studies proposed to be
relied upon.
``(4) Use of funds.--An entity shall use amounts received
under a grant or contract under this subsection to--
``(A) develop educational materials of the type
described in paragraph (1), including monographs,
brochures, readily available reference cards, handouts
for patients, and other materials in either written or
electronic formats (including electronic formats
compatible with e-prescribing) determined appropriate
by the Secretary;
``(B) conduct tests concerning the effectiveness of
such educational materials with healthcare providers
and their patients; and
``(C) prepare and submit to the Director the
educational materials by condition, and a report that
provides evidence supporting the accuracy of the
information and findings in the educational materials,
including studies relied upon to prepare such
materials, a description of the methods used to analyze
those studies, and any studies with conflicting
findings that were not included in the educational
materials.
``(5) Review of educational materials.--
``(A) In general.--The Director shall review and
approve proposed educational materials submitted under
paragraph (4)(C) within 90 days of the receipt of such
materials.
``(B) Clearance of educational materials.--With
respect to educational materials that have been
reviewed and approved by the Director, the Secretary
shall permit the grantee or contractor involved to
include on such educational materials the following
statement: `These materials were compiled under a grant
issued by the Department of Health and Human
Services.'.
``(C) Update of materials.--As needed, but not
later than 2 years after the date on which the
educational materials were approved by the Director,
the grantee or contractor involved shall submit updated
materials to the Director, including the studies used
to develop such updates.
``(6) Availability.--The Director shall ensure that
educational materials and reports developed under a grant or
contract under this subsection shall be made publicly available
and accessible, including through the Internet website of the
Agency.
``(c) Prescriber Education and Outreach Program.--
``(1) In general.--The Secretary, acting through the
Director, shall award 10 grants or contracts to eligible
entities for the development and implementation of programs to
appropriately train and deploy healthcare professionals to
educate physicians and other drug prescribers concerning the
relative safety, relative effectiveness, and relative cost of
prescription drugs and their alternatives as described in
subsection (a)(2), and to distribute the educational materials
developed under subsection (b) to physicians and other drug
prescribers.
``(2) Eligible entities.--To be eligible to receive a grant
or contract under paragraph (1) an entity shall--
``(A) be--
``(i) a public entity, including a State or
county;
``(ii) a non-profit private entity;
``(iii) a partnership between a public
entity and a non-profit private entity; or
``(iv) an academic institution;
``(B) receive no support from any entity that
manufactures products used to treat the medical
conditions discussed, or from any organization funded
by such entities, during the period beginning 1 year
prior to the submission of an application under this
paragraph and ending 1 year after the date on which the
grant or contract is received; and
``(C) submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary may require.
``(3) Criteria for awarding grants or contracts.--In
evaluating grant or contract applications received under this
subsection, the Secretary shall take into consideration--
``(A) the capacity of the entities to perform the
activities described in paragraph (4);
``(B) the service areas of the entity's programs,
in order to minimize overlap;
``(C) the plans of the entities involved to provide
incentives for physicians and other prescribers to
participate in the education program, such as the
availability of continuing medical education credits;
and
``(D) the methods proposed to provide the
educational materials through outreach and interaction
with prescribers in a setting, and with a
communications plan, designed to enhance the likelihood
that prescribers will participate, and will use the
information to improve the relative safety, relative
effectiveness, and relative cost of medication
utilization.
``(4) Use of funds.--An entity shall use amounts received
under a grant or contract under this subsection to carry out
the following activities:
``(A) To hire and provide training to nurses,
pharmacists, or other individuals with an appropriate
clinical background to enable such individuals to
provide information and educational outreach concerning
the relative safety, relative effectiveness, and
relative cost of prescription drugs and their
alternatives as described in subsection (a)(2) to
healthcare providers who prescribe drugs in a manner
that prescribers find useful, convenient, and time
efficient.
``(B) To identify healthcare providers who will
receive office visits from individuals who receive
training under this subsection. Preference for such
office visits shall be given to healthcare providers
with a large number of total patients or large number
of patients receiving care through Federal health
programs including the Medicare and Medicaid programs
under titles XVIII and XIX of the Social Security Act.
``(C) To conduct office visits to healthcare
providers who prescribe drugs.
``(D) To conduct other educational outreach
activities with respect to healthcare providers who
prescribe drugs, as approved by the Secretary.
``(E) To conduct an evaluation of the effectiveness
of the program involved in changing prescribing
behavior and improving the quality of medication use.
``(d) Regulations.--The Secretary shall promulgate such regulations
as may be required to carry out this section, including regulations to
prevent conflicts of interest, to ensure the accuracy and timeliness of
the information in the educational materials, and to promote the
effectiveness of the prescriber education and outreach program.
``(e) Evaluation.--The Secretary shall conduct an evaluation of the
effectiveness of the educational materials and the prescriber education
and outreach program under this section.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated, such sums as may be necessary to carry out this
section.''. | Independent Drug Education and Outreach Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, to award grants or contracts for: (1) the development and production of educational materials concerning the evidence available on the relative safety, effectiveness, and cost of prescription drugs, nonprescription drugs, and nondrug interventions for treating selected conditions, to be distributed and presented to health care providers who prescribe such drugs and their patients; and (2) the development and implementation of a program to appropriately train and deploy health professionals to distribute such materials to, and otherwise educate, physicians and other drug prescribers concerning such drugs and interventions.
Requires that grantees receive no support from any entity that manufactures products used to treat the medical conditions discussed. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide grants or contracts for prescription drug education and outreach for healthcare providers and their patients."} | 2,168 | 173 | 0.647557 | 1.725134 | 0.895467 | 4.3125 | 13.35625 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Retiree Health Care Task
Force Act of 1998''.
SEC. 2. ESTABLISHMENT.
There is established a task force to be known as the ``Medicare
Eligible Military Retiree Health Care Consensus Task Force'' (in this
Act referred to as the ``Task Force'').
SEC. 3. DUTIES OF TASK FORCE.
(a) Study.--It shall be the duty of the Task Force to conduct a
comprehensive legal and factual study of the following matters:
(1) Promises, commitments, or representations made to
members of the Uniformed Services by Department of Defense
personnel with respect to health care coverage of such members
and their families after separation from the Uniformed
Services.
(2) Sharing agreements and contracts between the Department
of Defense and the Department of Veterans Affairs regarding
health care coverage for military retirees and their
dependents.
(3) Proposals to provide for a full continuum of health
care coverage for medicare eligible military retirees and their
dependents, including any such proposal developed by the
Department of Defense.
(b) Report.--Not later than one year after the Task Force first
meets, the Task Force shall submit a report to Congress which shall
contain a detailed statement of findings and conclusions of the Task
Force with respect to the studies conducted under subsection (a),
together with its recommendations for such legislative and
administrative actions as it considers appropriate.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Task Force shall be composed of 12
members appointed as follows:
(1) The Speaker of the House of Representatives and the
minority leader of the House of Representatives shall jointly
appoint nine members from among qualified individuals as
follows:
(A) Two members shall be representatives of
veterans service organizations.
(B) Three members shall be representatives of
military associations with retired enlisted members.
(C) One member shall be a representative of a
retired officers association.
(D) Three members shall be health care
professionals.
(2) The Secretary of Defense shall appoint one member from
among officers or employees of the Department of Defense.
(3) The Secretary of Veterans Affairs shall appoint one
member from among officers or employees of the Department of
Veterans Affairs.
(4) The Secretary of Health and Human Services shall
appoint one member from among officers or employees of the
Department of Health and Human Services.
(5) Not more than 6 members appointed under this subsection
may be of the same political party.
(b) Deadline for Appointment.--Members of the Task Force shall be
appointed by not later than 90 days after the date of the enactment of
this Act.
(c) Terms of Appointment.--The term of any appointment under
subsection (a) to the Task Force shall be for the life of the Task
Force.
(d) Vacancies.--Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of that term. A
vacancy in the Task Force shall be filled in the manner in which the
original appointment was made.
(e) Waiver of Limitation on Executive Schedule Positions.--
Appointments may be made under this section without regard to section
5311(b) of title 5, United States Code.
(f) Continuation of Membership.--If a member was appointed to the
Task Force as a Member of Congress and the member ceases to be a Member
of Congress, or was appointed to the Task Force because the member was
not an officer or employee of any government and later becomes an
officer or employee of a government, that member may continue as a
member.
(g) Compensation.--Members of the Task Force shall receive no
additional pay, allowances, or benefits by reason of their service on
the Task Force.
(h) Expenses.--Each Member of the Task Force shall receive travel
expenses and per diem in lieu of subsistence in accordance with
sections 5702 and 5703 of title 5, United States Code.
(i) Quorum.--Seven members of the Task Force shall constitute a
quorum but a lesser number may hold hearings.
(j) Chairperson.--As the first order of business at the first
meeting of the Task Force, the members of the Task Force shall elect a
chairperson from among the members.
(k) Meetings.--The Task Force shall meet at the call of the
Chairperson or a majority of its members.
SEC. 5. STAFF OF TASK FORCE AND SUPPORT SERVICES.
(a) Director.--The Task Force shall, without regard to section
5311(b) of title 5, United States Code, have a Director who shall be
appointed by the Chairperson. The Director shall be paid at the minimum
annual rate of basic pay payable for GS-15 of the General Schedule.
(b) Staff.--With the approval of the Chairperson of the Task Force,
the Director may appoint and fix the pay of not more than eight
additional personnel.
(c) Applicability of Certain Civil Service Laws.--The staff of the
Task Force 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 that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the minimum
annual rate of basic pay payable for GS-13 of the General Schedule.
(d) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any department or agency of the United States may detail,
on a reimbursable basis, any of the personnel of that department or
agency to the Task Force to assist it in carrying out its duties under
this Act.
SEC. 6. POWERS OF TASK FORCE.
(a) Hearings and Sessions.--The Task Force 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 Task Force considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the Task
Force may, if authorized by the Task Force, take any action which the
Task Force is authorized to take by this section.
(c) Obtaining Official Data.--The Task Force 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 Task Force, the head of that department or agency
shall furnish that information to the Task Force.
(d) Mails.--The Task Force may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the Task
Force, the Administrator of General Services shall provide to the Task
Force, on a reimbursable basis, the administrative support services
necessary for the Task Force to carry out its responsibilities under
this Act.
(f) Contract Authority.--The Task Force may contract with and
compensate government and private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. TERMINATION.
The Task Force shall terminate 90 days after submitting the report
under section 3(b). | Military Retiree Health Care Task Force Act of 1998 - Establishes the Medicare Eligible Military Retiree Health Care Consensus Task Force to study and report to the Congress on matters relating to health care coverage of retired military personnel and their families, Federal sharing agreements relating to such care, and proposals to provide a full continuum of such coverage to Medicare-eligible military retirees and their dependents. | {"src": "billsum_train", "title": "Military Retiree Health Care Task Force Act of 1998"} | 1,652 | 93 | 0.63409 | 1.587415 | 0.93552 | 2.873239 | 21.070423 | 0.957746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dollars for Scholars Community
Scholarship Foundation Development Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the local community, when properly organized and
challenged, is one of the best sources of academic support,
motivation toward achievement, and financial resources for
aspiring college students;
(2) local communities, working to complement or augment
services currently being offered by area schools and colleges,
can raise the educational expectations and increase the rate of
college attendance of their youth by forming locally based
organizations that provide both academic support (including
guidance, counseling, mentoring, tutoring, encouragement, and
recognition) and tangible, locally raised, effectively
targeted, publicly recognized financial assistance;
(3) proven methods of stimulating these community efforts
can be promoted through Federal support for the establishment
of area program centers to organize and challenge community
efforts to develop educational incentives and support for local
students; and
(4) using Federal funds to leverage private contributions
to help students attain educational and career goals is an
efficient and effective investment of scarce taxpayer-provided
resources.
SEC. 3. PURPOSE; ENDOWMENT GRANT AUTHORIZED.
(a) Purpose.--It is the purpose of this Act to establish and endow
25 area program centers to promote the development of locally based,
volunteer organizations which promote higher education goals in
students by (1) providing academic support, including guidance,
counseling, mentoring, tutoring, and recognition; and (2) providing
financial assistance for the pursuit of post-secondary education.
(b) Authority.--From the funds appropriated under section 5, the
Secretary shall make an endowment grant to an eligible organization to
support the establishment, or ongoing work, or both, of 25 area program
centers to foster the development of locally based, volunteer
organizations to improve high school graduation rates and postsecondary
attendance through the provision of academic support services and
tangible financial assistance for the pursuit of postsecondary
education.
SEC. 4. ELIGIBLE ORGANIZATION.
(a) National Organization.--An organization shall be eligible for
an endowment grant under section 3 if such organization--
(1) has extensive experience in creating, developing, and
sustaining broadly based, volunteer-operated, community
scholarship foundations;
(2) has demonstrated the capacity to sustain newly created
community scholarship foundations in towns, cities, and
neighborhoods through ongoing training and support programs;
(3) is exempt from income taxes under section 501(c)(3) of
the Internal Revenue Code of 1986;
(4) is a publicly supported organization within the meaning
of section 170(b)(1)(A)(vi) of such Code;
(5) is not a private foundation within the meaning of
section 509(a) of such Code;
(6) ensures that any of its local affiliated chapters meet
the criteria specified in paragraphs (3), (4), and (5);
(7) has received a ruling that provides the option of each
community scholarship foundation affiliated with the
organization to file Form 990 under the organization's group
roster; and
(8) has a program for or experience in cooperating with
secondary and postsecondary institutions in carrying out its
scholarship and academic support activities.
(b) Regional Centers.--The area program centers established under
this program shall--
(1) be part of, responsible to, and overseen by the
eligible national organization; and
(2) be staffed by professionals trained to create, develop,
and sustain broadly based, volunteer-operated, community
scholarship foundations in towns, cities, and neighborhoods.
(c) Local Affiliated Chapters.--Each local affiliate of an eligible
organization shall--
(1) be a nonprofit organization, recognized as tax exempt
under section 501(3)(C) of the Internal Revenue Code of 1986
(or shall meet this criteria through affiliation with the
eligible implementing parent organization in accordance with
subsection (a) of this section);
(2) be formed for the purpose of providing educational
scholarships for local residents;
(3) solicit broad-based community support in its fund-
raising activities;
(4) be broadly representative of the local community in the
structures of its volunteer-operated organization and have a
board of directors that includes leaders from local
neighborhood organizations and neighborhood residents, such as
school or college personnel, parents, students, community
agency representatives, and representatives of the business
community;
(5) agree to award scholarships without regard to age, sex,
marital status, race, creed, color, religion, national origin
or the presence of any mental, sensory, or physical disability;
and
(6) agree to give priority in awarding scholarships to
needy students in its local community.
SEC. 5. CONDITIONS FOR GRANT.
The Secretary shall make the endowment grant under this Act on the
basis of an agreement with an eligible organization that--
(1) contains such terms and conditions as may be necessary
to ensure that the endowment funds will be used to support an
area director and area program office that will work with local
communities to establish volunteer community scholarship
foundations and provide ongoing technical assistance, training
workshops, and other activities to help ensure the ongoing
success of the local organizations;
(2) contains terms and conditions requiring the
organization to establish or support, or both, area program
centers serving each area of the United States (including the
territories and possessions of the United States);
(3) contains terms and conditions specifying that, if
appropriated funds are not sufficient to support 25 area
program centers, the implementing organization will give
preference to those areas of the country with higher than
average dropout rates and lower than average postsecondary
institutional enrollment;
(4) requires the eligible organization to submit, for a
period of up to five years following award of the grant, an
annual report to the Secretary that--
(A) contains a description of the programs and
activities supported by the endowment fund;
(B) contains the audited financial statements of
eligible organization for the preceding fiscal year;
(C) contains a plan for the programs and activities
to be supported by the endowment during the 3
succeeding fiscal years; and
(D) contains or is accompanied by such evaluations
of the programs and activities supported by the
endowment fund as the Secretary may require; and
(5) contains such assurances as the Secretary may require
with respect to the management and operation of the endowment
funds.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $40,000,000 to carry out
this Act.
SEC. 7. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Secretary'' means the Secretary of
Education; and
(2) the term ``community scholarship foundation'' means a
tax-exempt, publicly supported, locally organized, volunteer-
operated, broadly representative organization (formed in towns,
rural communities, or neighborhoods of large cities) whose
purpose is to raise funds for local scholarships, make
scholarship awards to local deserving students, and provide
academic support activities to encourage educational
achievement. | Dollars for Scholars Community Scholarship Foundation Development Act - Directs the Secretary of Education to make an endowment grant to an eligible organization to support the establishment of 25 area program centers to foster development of locally based, volunteer organizations to improve high school graduation rates and postsecondary attendance through providing academic support services and financial assistance for postsecondary education.
Sets forth requirements for the eligible organization, the area program centers, and the local affiliates of the eligible organization.
Sets forth conditions for the endowment grant.
Authorizes appropriations. | {"src": "billsum_train", "title": "Dollars for Scholars Community Scholarship Foundation Development Act"} | 1,477 | 116 | 0.58414 | 1.555882 | 0.616251 | 3.77551 | 14.908163 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Equity and Fairness in Fee-
for-Service Reimbursement Act of 2004''.
SEC. 2. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE
FEE-FOR-SERVICE PROGRAM.
Title XVIII of the Social Security Act, as amended by section 1016
of the Medicare Prescription Drug, Improvement, and Modernization Act
of 2003 (Public Law 108-173), is amended by adding at the end the
following new section:
``improving fairness of payments under the original medicare fee-for-
service program
``Sec. 1898. (a) Establishment of System.--Notwithstanding any
other provision of law, the Secretary shall establish a system for
making adjustments to the amount of payment made to providers of
services and health care professionals for services provided under the
original medicare fee-for-service program under parts A and B.
``(b) System Requirements.--
``(1) Adjustments.--Under the system described in
subsection (a), the Secretary (beginning in fiscal year 2005 or
calendar year 2005, as the Secretary determines appropriate for
the type of services involved) shall make the following
adjustments:
``(A) States above national average.--Subject to
subparagraph (C), if a State average per beneficiary
amount, but for the application of this section, for a
year is greater than 100 percent of the national
average per beneficiary amount for such year, then the
Secretary shall reduce the amount of applicable
payments in such a manner as will result (as estimated
by the Secretary) in the State average per beneficiary
amount for the subsequent year being at 100 percent of
the national average per beneficiary amount for such
subsequent year.
``(B) States below national average.--Subject to
subparagraph (C), if such a State average per
beneficiary amount for a year is less than 100 percent
of the national average per beneficiary amount for such
year, then the Secretary shall increase the amount of
applicable payments in such a manner as will result (as
estimated by the Secretary) in the State average per
beneficiary amount for the subsequent year being at 100
percent of the national average per beneficiary amount
for such subsequent year.
``(C) 3-year phase in.--In applying this paragraph
for--
``(i) fiscal year 2005 or calendar year
2005, the amount of any increase or decrease
under subparagraph (A) or (B) shall be 25
percent of the amount of the increase or
decrease otherwise provided;
``(ii) fiscal year 2006 or calendar year
2006, the amount of any increase or decrease
under subparagraph (A) or (B) shall be 50
percent of the amount of the increase or
decrease otherwise provided; and
``(iii) fiscal year 2007 or calendar year
2007, the amount of any increase or decrease
under subparagraph (A) or (B) shall be 75
percent of the amount of the increase or
decrease otherwise provided.
``(2) Determination of averages.--
``(A) State average per beneficiary amount.--Each
year (beginning in 2004), the Secretary shall determine
a State average per beneficiary amount for each State
which shall be equal to the Secretary's estimate of the
average amount of expenditures under the original
medicare fee-for-service program under parts A and B
for the year for a beneficiary enrolled under such
parts that resides in the State.
``(B) National average per beneficiary amount.--
Each year (beginning in 2004), the Secretary shall
determine the national average per beneficiary amount
which shall be equal to the average of the State
average per beneficiary amounts determined under
subparagraph (B) for the year.
``(3) Applicable payments defined.--In this section, the
term `applicable payments' means payments made to providers of
services and health care professionals for services provided
under the original medicare fee-for-service program under parts
A and B to beneficiaries enrolled under such parts that reside
in the State.
``(c) Beneficiaries Held Harmless.--The provisions of this section
shall not effect--
``(1) the entitlement to items and services of a
beneficiary under this title, including the scope of such items
and services; or
``(2) any liability of the beneficiary with respect to such
items and services.
``(d) Regulations.--The Secretary, in consultation with the
Medicare Payment Advisory Commission, shall promulgate regulations to
carry out this section.''. | Medicare Equity and Fairness in Fee-for-Service Reimbursement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the Secretary of Health and Human Services to establish a system for making adjustments to the amount of payment made to providers of services and health care professionals for services provided under the original Medicare fee-for-service program, with specified formulae for States whose average per beneficiary amount is: (1) greater than 100 percent of the national average; or (2) less than 100 percent of the national average. Provides for a three year phase-in of such rates. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide geographic equity in fee-for-service reimbursement for providers under the Medicare Program."} | 996 | 152 | 0.692608 | 2.046794 | 0.659442 | 5.242647 | 6.889706 | 0.933824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rare Disease Fund Act'' or the ``RaD
Fund Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) That biomedicine is far more advanced today than even a
decade ago is indisputable, but breakthroughs require years of
translational research at a cost of hundreds of millions of
dollars per trial and have a substantial likelihood of failure.
(2) The drug development pipeline is laden with unfavorable
probabilities. On average, for every 5,000-10,000 compounds
that enter the drug discovery pipeline, just 250 progress to
preclinical development--and only one will become an approved
drug.
(3) Biotech and life sciences traditional financing
vehicles of private and public equity are becoming less
effective funding sources because the needs and expectations of
limited partners and shareholders are not consistent with the
increasing complexity, risk, and duration of biomedical
innovation.
(4) Industry professionals frequently refer to the ``Valley
of Death''--a steadily widening funding and resource gap that
currently exists between basic research and clinical
development, effectively limiting the field of potential novel
therapies, technologies, and treatments for patients.
(5) The life sciences industry needs novel approaches to
early-stage drug development that better manage risk, lower
capital cost, improve research effectiveness, create diverse
portfolios, leverage risk-tolerant capital, and access new
capital sources.
(6) One solution is to implement a financial structure in
which a large number of biomedical programs are funded by a
single entity to substantially diversify the portfolio and
thereby reduce risk. The entity can use securitization to
finance its activities by issuing debt, which opens up a much
larger pool of capital for investment.
(7) This approach involves two components:
(A) Creating large diversified portfolios, called
``megafunds'', consisting of biomedical products at all
stages of development; and
(B) Structuring the financing for these portfolios
as combinations of equity and securitized debt.
Diversification reduces risk, so that an entity can issue debt
and equity, rather than the equity-only investments typically
made by venture capital.
(8) A simulation conducted by researchers at MIT suggested
that a modest megafund model could be successfully implemented
for rare diseases (e.g., rare genetic disorders, pediatric
cancers, and orphan diseases) with as few as ten compounds and
only $400 million in capital.
(9) A rare disease therapeutics fund could serve as a
viable pilot project, while minimizing governmental exposure.
(10) In addition to appealing to traditional biotech VC
investors, megafund investments may be attractive to pension
funds, insurance companies, and other large institutional
investors.
(11) The Food and Drug Administration (FDA) may grant the
orphan designation for therapies being studied for a rare
disease or condition affecting fewer than 200,000 people in the
United States, which reduces costs and provides financial
incentives to encourage development of such therapies.
SEC. 3. RARE DISEASE THERAPEUTICS CORPORATION.
(a) Establishment.--The Director of the National Institutes of
Health shall organize under the laws of a State a corporation to be
know as the ``Rare Disease Therapeutics Corporation'' (hereinafter in
this Act referred to as the ``Corporation'').
(b) Purpose.--The purpose of the Corporation shall be to purchase
rights to, fund the development of, and, once developed, sell ownership
interests in rare disease therapeutics.
(c) Privatization of the Corporation.--
(1) In general.--As soon as practicable after the
establishment of the Corporation, the Director shall sell
equity stock in the Corporation to investors.
(2) Government stake.--
(A) In general.--Notwithstanding paragraph (1), the
board of directors of the Corporation and the Director
may enter into an agreement under which the National
Institutes of Health maintains an ownership interest in
the Corporation in exchange for the National Institutes
of Health providing the Corporation with intellectual
property or other assistance, such as medicinal
chemistry, toxicology, and high throughput screening
services.
(B) Limit on government stake.--The amount of any
ownership interest maintained by the National
Institutes of Health pursuant to subparagraph (A) may
not exceed 25 percent of the equity stock of the
Corporation.
(3) Prohibition on dividends.--The Corporation may not pay
dividends on the equity stock of the Corporation.
(4) Board of directors.--At all times, two of the members
of the board of directors of the Corporation shall be chosen as
follows:
(A) One member chosen by the Director.
(B) One member chosen by the Secretary of the
Treasury.
(d) Sale of Ownership Interests.--
(1) In general.--The Corporation--
(A) may sell a rare disease therapy owned by the
Corporation at any time; and
(B) shall sell any rare disease therapy owned by
the Corporation prior to the commencement of a phase 3
study (as such term is defined in section 312.21(b) of
title 21, Code of Federal Regulations (or any successor
regulations)).
(2) Sale requirements.--In any sale of a rare disease
therapy, the Corporation shall make such sale through an open
and transparent process and on commercially reasonable terms.
(e) Funding Through Bond Issuances.--
(1) In general.--The Corporation shall issue one or more
classes of bonds, with a maturity of no more than 12 years and
carrying such interest as the Corporation determines
appropriate:
(A) Guaranteed bonds.--The Corporation shall issue
a class of bonds that is guaranteed by the United
States.
(B) Unguaranteed bonds.--The Corporation may issue
one or more classes of bonds that are backed by the
Corporation, but are not guaranteed by the United
States.
(2) Debt-to-equity ratio of guaranteed bonds.--The
Corporation may not issue any guaranteed bond pursuant to
paragraph (1)(A) if the issuance of such bond would cause the
Corporation to exceed a debt-to-equity ratio of 1 to 1.
(3) Guarantee fee.--The Corporation shall pay the Treasury
a guarantee fee, which shall be set by the Secretary of the
Treasury in an amount equal to the anticipated cost to the
Treasury in guaranteeing bonds of the Corporation under
paragraph (1)(A).
(f) Treatment Under the Securities Laws.--For purposes only of the
securities laws--
(1) securities of the Corporation shall be deemed to be
securities that are not issued or guaranteed by the Government;
and
(2) the National Institutes of Health shall be deemed to
not be an instrumentality of the Government.
(g) Corporation Not Guaranteed by the United States.--Except as
provided under subsection (e)(1)(A), the full faith and credit of the
United States shall not be pledged to the Corporation or any security
of the Corporation.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Director such sums as may be necessary to establish
the Corporation and complete the privatization of the Corporation.
(i) Sunset.--The Corporation shall terminate after the end of the
18-month period following the later of--
(1) the date on which the last bond issued under subsection
(e) matures; and
(2) the date on which the Corporation receives the final
payment for the sale of the rare disease therapeutics owned by
the Corporation.
SEC. 4. RARE DISEASE THERAPEUTICS CORPORATION SCIENCE ADVISORY COUNCIL.
(a) Establishment.--There is established within the National
Institutes of Health an advisory council to be known as the ``Rare
Disease Therapeutics Corporation Science Advisory Council''.
(b) Members.--The members of the Advisory Council shall be selected
by the Director.
(c) Purpose.--The purpose of the Advisory Council shall be to
advise the Corporation on the purchase, sale, and development of rare
disease therapeutics.
(d) Disclosure of Certain Employment.--Each member of the Advisory
Council shall disclose each company, partnership, or other entity with
respect to which the member is an officer or director.
(e) Sunset.--The Advisory Council shall terminate on the date that
the Corporation terminates.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Rare disease therapeutics.--The term ``rare disease
therapeutics'' means a compound, biologic, medical device, or
companion diagnostic that has been designated as a therapy for
a rare disease or condition pursuant to section 526 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb).
(2) Advisory council.--The term ``Advisory Council'' means
the Rare Disease Therapeutics Corporation Advisory Council
established under section 4(a).
(3) Corporation.--The term ``Corporation'' means the Rare
Disease Therapeutics Corporation established under section
3(a).
(4) Director.--The term ``Director'' means the Director the
National Institutes of Health.
(5) Securities laws.--The term ``securities laws'' has the
meaning given that term under section 3(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)). | Rare Disease Fund Act or the RaD Fund Act This bill requires the National Institutes of Health (NIH) to organize the Rare Disease Therapeutics Corporation to purchase rights to, fund the development of, and sell ownership interests in drugs, biological products, and medical devices for rare diseases. The NIH must sell stock in the corporation to investors as soon as practicable. The corporation and the NIH may enter into an agreement under which the NIH maintains an ownership interest in the corporation in exchange for providing the corporation with intellectual property or other assistance. The corporation is prohibited from paying dividends on its stock. The corporation must sell its interest in a rare disease therapy prior to the therapy entering large-scale clinical trials. The corporation must issue bonds guaranteed by the United States and may issue bonds backed by the corporation. For purposes of securities laws, the securities of the corporation are not issued or guaranteed by the federal government. The bill establishes within the NIH the Rare Disease Therapeutics Corporation Science Advisory Council to advise the corporation on the purchase, sale, and development of rare disease therapies. | {"src": "billsum_train", "title": "RaD Fund Act"} | 2,027 | 229 | 0.409775 | 1.39505 | 0.674882 | 3.884058 | 8.908213 | 0.898551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Jobs Matter Act of 2011''.
SEC. 2. CONSIDERATION AND VERIFICATION OF INFORMATION RELATING TO
EFFECT ON DOMESTIC EMPLOYMENT OF AWARD OF FEDERAL
CONTRACTS.
(a) Civilian Agency Contracts.--Section 3306 of title 41, United
States Code, is amended by adding at the end the following new
subsection:
``(g)(1) An executive agency, in issuing a solicitation for
competitive proposals, shall state in the solicitation that the agency
may consider information (in this subsection referred to as a `jobs
impact statement') that the offeror may include in its offer related to
the effects on employment within the United States of the contract if
it is awarded to the offeror.
``(2) The information that may be included in a jobs impact
statement may include the following:
``(A) The number of jobs expected to be created in the
United States, or the number of jobs retained that otherwise
would be lost, if the contract is awarded to the offeror.
``(B) The number of jobs created or retained in the United
States by the subcontractors expected to be used by the offeror
in the performance of the contract.
``(C) A guarantee from the offeror that jobs created or
retained in the United States will not be moved outside the
United States after award of the contract.
``(3) The contracting officer may consider the information in the
jobs impact statement in the evaluation of the offer and may request
further information from the offeror in order to verify the accuracy of
any such information submitted.
``(4) In the case of a contract awarded to an offeror that
submitted a jobs impact statement with the offer for the contract, the
executive agency shall, not later than six months after the award of
the contract and annually thereafter for the duration of the contract
or contract extension, assess the accuracy of the jobs impact
statement.
``(5) The head of each executive agency shall submit to Congress an
annual report on the frequency of use within the agency of jobs impact
statements in the evaluation of competitive proposals.
``(6) In any contract awarded to an offeror that submitted a jobs
impact statement with its offer in response to the solicitation for
proposals for the contract, the executive agency shall track the number
of jobs created or retained during the performance of the contract. If
the number of jobs that the agency estimates will be created (by using
the jobs impact statement) significantly exceeds the number of jobs
created or retained, then the agency may evaluate whether the
contractor should be proposed for debarment.''.
(b) Defense Contracts.--Section 2305(a) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(6)(A) The head of an agency, in issuing a solicitation for
competitive proposals, shall state in the solicitation that the agency
may consider information (in this paragraph referred to as a `jobs
impact statement') that the offeror may include in its offer related to
the effects on employment within the United States of the contract if
it is awarded to the offeror.
``(B) The information that may be included in a jobs impact
statement may include the following:
``(i) The number of jobs expected to be created in the
United States, or the number of jobs retained that otherwise
would be lost, if the contract is awarded to the offeror.
``(ii) The number of jobs created or retained in the United
States by the subcontractors expected to be used by the offeror
in the performance of the contract.
``(iii) A guarantee from the offeror that jobs created or
retained in the United States will not be moved outside the
United States after award of the contract.
``(C) The contracting officer may consider the information in the
jobs impact statement in the evaluation of the offer and may request
further information from the offeror in order to verify the accuracy of
any such information submitted.
``(D) In the case of a contract awarded to an offeror that
submitted a jobs impact statement with the offer for the contract, the
agency shall, not later than six months after the award of the contract
and annually thereafter for the duration of the contract or contract
extension, assess the accuracy of the jobs impact statement.
``(E) The Secretary of Defense shall submit to Congress an annual
report on the frequency of use within the Department of Defense of jobs
impact statements in the evaluation of competitive proposals.
``(F) In any contract awarded to an offeror that submitted a jobs
impact statement with its offer in response to the solicitation for
proposals for the contract, the agency shall track the number of jobs
created or retained during the performance of the contract. If the
number of jobs that the agency estimates will be created (by using the
jobs impact statement) significantly exceeds the number of jobs created
or retained, then the agency may evaluate whether the contractor should
be proposed for debarment.''.
(c) Revision of Federal Acquisition Regulation.--The Federal
Acquisition Regulation shall be revised to implement the amendments
made by this section. | American Jobs Matter Act of 2011 - Requires an executive agency to state in a solicitation for competitive proposals that the agency may consider information that the offeror may include on the effects awarding the contract to the offeror would have on employment within the United States (jobs impact statement). Allows such statement to include a guarantee that jobs created or retained in the United States will not be moved outside the United States after award of the contract.
Requires each agency to: (1) assess, annually, the accuracy of such a statement submitted by an offeror awarded a contract; (2) submit an annual report on the frequency of use of such statements in evaluating competitive proposals; and (3) track the number of jobs created or retained during the performance of a contract awarded to an offeror that submitted such a statement. Authorizes an agency to evaluate whether a contractor should be proposed for debarment if the number of jobs that the agency estimates will be created based on such statement significantly exceeds the number created or retained.
Sets forth analogous provisions for defense contracts.
Requires revision of the Federal Acquisition Regulation to implement the amendments made by this Act. | {"src": "billsum_train", "title": "A bill to amend titles 10 and 41, United States Code, to allow contracting officers to consider information regarding domestic employment before awarding a Federal contract, and for other purposes."} | 1,115 | 248 | 0.723203 | 2.119109 | 0.831161 | 3.819005 | 4.923077 | 0.923077 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Energy Fairness
for America 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.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; etc.
Sec. 2. Termination of deduction for intangible drilling and
development costs.
Sec. 3. Termination of percentage depletion allowance for oil and gas
wells.
Sec. 4. Termination of enhanced oil recovery credit.
Sec. 5. Termination of certain provisions of the Energy Policy Act of
2005.
Sec. 6. Termination of certain tax provisions of the Energy Policy Act
of 2005.
Sec. 7. Revaluation of LIFO inventories of large integrated oil
companies.
Sec. 8. Modifications of foreign tax credit rules applicable to dual
capacity taxpayers.
Sec. 9. Rules relating to foreign oil and gas income.
Sec. 10. Elimination of deferral for foreign oil and gas extraction
income.
SEC. 2. TERMINATION OF DEDUCTION FOR INTANGIBLE DRILLING AND
DEVELOPMENT COSTS.
(a) In General.--Section 263(c) is amended by adding at the end the
following new sentence: ``This subsection shall not apply to any
taxable year beginning after the date of the enactment of this
sentence.''.
(b) Conforming Amendments.--Paragraphs (2) and (3) of section
291(b) are each amended by striking ``section 263(c), 616(a),'' and
inserting ``section 616(a)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. TERMINATION OF PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS
WELLS.
(a) In General.--Section 613A is amended by adding at the end the
following new subsection:
``(f) Termination.--For purposes of any taxable year beginning
after the date of the enactment of this subsection, the allowance for
percentage depletion shall be zero.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 4. TERMINATION OF ENHANCED OIL RECOVERY CREDIT.
(a) In General.--Section 43 is amended by adding at the end the
following new subsection:
``(f) Termination.--This section shall not apply to any taxable
year beginning after the date of the enactment of this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 5. TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF
2005.
(a) In General.--The following provisions of the Energy Policy Act
of 2005 are repealed on and after the date of the enactment of this
Act:
(1) Section 342 (relating to program on oil and gas
royalties in-kind).
(2) Section 343 (relating to marginal property production
incentives).
(3) Section 344 (relating to incentives for natural gas
production from deep wells in the shallow waters of the Gulf of
Mexico).
(4) Section 345 (relating to royalty relief for deep water
production).
(5) Section 357 (relating to comprehensive inventory of OCS
oil and natural gas resources).
(6) Subtitle J of title IX (relating to ultra-deepwater and
unconventional natural gas and other petroleum resources).
(b) Termination of Alaska Offshore Royalty Suspension.--
(1) In general.--Section 8(a)(3)(B) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is
amended by striking ``and in the Planning Areas offshore
Alaska''.
(2) Effective date.--The amendment made by this subsection
shall take effect on and after the date of the enactment of
this Act.
SEC. 6. TERMINATION OF CERTAIN TAX PROVISIONS OF THE ENERGY POLICY ACT
OF 2005.
(a) Electric Transmission Property Treated as 15-Year Property.--
Section 168(e)(3)(E)(vii) is amended by inserting ``, and before the
date of the enactment of the Energy Fairness for America Act'' after
``April 11, 2005''.
(b) Temporary Expensing of Equipment Used in Refining Liquid
Fuels.--Section 179C(c)(1) is amended--
(1) by striking ``January 1, 2012'' and inserting ``the
date of the enactment of the Energy Fairness for America Act'',
and
(2) by striking ``January 1, 2008'' and inserting ``the
date of the enactment of the Energy Fairness for America Act''.
(c) Natural Gas Distribution Lines Treated as 15-Year Property.--
Section 168(e)(3)(E)(viii) is amended by striking ``January 1, 2011''
and inserting ``the date of the enactment of the Energy Fairness for
America Act''.
(d) Natural Gas Gathering Lines Treated as 7-Year Property.--
Section 168(e)(3)(C)(iv) is amended by inserting ``, and before the
date of the enactment of the Energy Fairness for America Act'' after
``April 11, 2005''.
(e) Determination of Small Refiner Exception to Oil Depletion
Deduction.--Section 1328(b) of the Energy Policy Act of 2005 is amended
by inserting ``and beginning before the date of the enactment of the
Energy Fairness for America Act'' after ``this Act''.
(f) Amortization of Geological and Geophysical Expenditures.--
Section 167(h) is amended by adding at the end the following new
paragraph:
``(5) Termination.--This subsection shall not apply to any
taxable year beginning after the date of the enactment of the
Energy Fairness for America Act.''.
(g) Effective Date.--The amendments made by this section shall take
effect on and after the date of the enactment of this Act.
SEC. 7. REVALUATION OF LIFO INVENTORIES OF LARGE INTEGRATED OIL
COMPANIES.
(a) General Rule.--Notwithstanding any other provision of law, if a
taxpayer is an applicable integrated oil company for its last taxable
year ending in calendar year 2005, the taxpayer shall--
(1) increase, effective as of the close of such taxable
year, the value of each historic LIFO layer of inventories of
crude oil, natural gas, or any other petroleum product (within
the meaning of section 4611) by the layer adjustment amount,
and
(2) decrease its cost of goods sold for such taxable year
by the aggregate amount of the increases under paragraph (1).
If the aggregate amount of the increases under paragraph (1) exceed the
taxpayer's cost of goods sold for such taxable year, the taxpayer's
gross income for such taxable year shall be increased by the amount of
such excess.
(b) Layer Adjustment Amount.--For purposes of this section--
(1) In general.--The term ``layer adjustment amount''
means, with respect to any historic LIFO layer, the product
of--
(A) $18.75, and
(B) the number of barrels of crude oil (or in the
case of natural gas or other petroleum products, the
number of barrel-of-oil equivalents) represented by the
layer.
(2) Barrel-of-oil equivalent.--The term ``barrel-of-oil
equivalent'' has the meaning given such term by section
29(d)(5) (as in effect before its redesignation by the Energy
Tax Incentives Act of 2005).
(c) Application of Requirement.--
(1) No change in method of accounting.--Any adjustment
required by this section shall not be treated as a change in
method of accounting.
(2) Underpayments of estimated tax.--No addition to the tax
shall be made under section 6655 of the Internal Revenue Code
of 1986 (relating to failure by corporation to pay estimated
tax) with respect to any underpayment of an installment
required to be paid with respect to the taxable year described
in subsection (a) to the extent such underpayment was created
or increased by this section.
(d) Applicable Integrated Oil Company.--For purposes of this
section, the term ``applicable integrated oil company'' means an
integrated oil company (as defined in section 291(b)(4) of the Internal
Revenue Code of 1986) which has an average daily worldwide production
of crude oil of at least 500,000 barrels for the taxable year and which
had gross receipts in excess of $1,000,000,000 for its last taxable
year ending during calendar year 2005. For purposes of this subsection
all persons treated as a single employer under subsections (a) and (b)
of section 52 of the Internal Revenue Code of 1986 shall be treated as
1 person and, in the case of a short taxable year, the rule under
section 448(c)(3)(B) shall apply.
SEC. 8. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO DUAL
CAPACITY TAXPAYERS.
(a) In General.--Section 901 (relating to credit for taxes of
foreign countries and of possessions of the United States) is amended
by redesignating subsection (m) as subsection (n) and by inserting
after subsection (l) the following new subsection:
``(m) Special Rules Relating To Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer to a foreign country or possession of the United
States for any period shall not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply
the proper treatment of any such amount not in excess
of the amount determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or
possession.''
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States.
SEC. 9. RULES RELATING TO FOREIGN OIL AND GAS INCOME.
(a) Separate Basket for Foreign Tax Credit.--
(1) Years before 2007.--Paragraph (1) of section 904(d)
(relating to separate application of section with respect to
certain categories of income), as in effect for years beginning
before 2007, 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) foreign oil and gas income, and''.
(2) 2007 and after.--Paragraph (1) of section 904(d), as in
effect for years beginning after 2006, is amended by striking
``and'' at the end of subparagraph (A), by striking the period
at the end of subparagraph (B) and inserting ``, and'', and by
adding at the end the following:
``(C) foreign oil and gas income.''
(b) Definition.--
(1) Years before 2007.--Paragraph (2) of section 904(d), as
in effect for years beginning before 2007, 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) Foreign oil and gas income.--The term
`foreign oil and gas income' has the meaning given such
term by section 954(g).''
(2) 2007 and after.--Section 904(d)(2), as in effect for
years after 2006, is amended by redesignating subparagraphs (J)
and (K) as subparagraphs (K) and (L) and by inserting after
subparagraph (I) the following:
``(J) Foreign oil and gas income.--For purposes of
this section--
``(i) In general.--The term `foreign oil
and gas income' has the meaning given such term
by section 954(g).
``(ii) Coordination.--Passive category
income and general category income shall not
include foreign oil and gas income (as so
defined).''
(c) Conforming Amendments.--
(1) Section 904(d)(3)(F)(i) is amended by striking ``or
(E)'' and inserting ``(E), or (I)''.
(2) Section 907(a) is hereby repealed.
(3) Section 907(c)(4) is hereby repealed.
(4) Section 907(f) is hereby repealed.
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after the date of the
enactment of this Act.
(2) Years after 2006.--The amendments made by paragraphs
(1)(B) and (2)(B) shall apply to taxable years beginning after
December 31, 2006.
(3) Transitional rules.--
(A) Separate basket treatment.--Any taxes paid or
accrued in a taxable year beginning on or before the
date of the enactment of this Act, with respect to
income which was described in subparagraph (I) of
section 904(d)(1) of such Code (as in effect on the day
before the date of the enactment of this Act), shall be
treated as taxes paid or accrued with respect to
foreign oil and gas income to the extent the taxpayer
establishes to the satisfaction of the Secretary of the
Treasury that such taxes were paid or accrued with
respect to foreign oil and gas income.
(B) Carryovers.--Any unused oil and gas extraction
taxes which under section 907(f) of such Code (as so in
effect) would have been allowable as a carryover to the
taxpayer's first taxable year beginning after the date
of the enactment of this Act (without regard to the
limitation of paragraph (2) of such section 907(f) for
first taxable year) shall be allowed as carryovers
under section 904(c) of such Code in the same manner as
if such taxes were unused taxes under such section
904(c) with respect to foreign oil and gas extraction
income.
(C) Losses.--The amendment made by subsection
(c)(3) shall not apply to foreign oil and gas
extraction losses arising in taxable years beginning on
or before the date of the enactment of this Act.
SEC. 10. ELIMINATION OF DEFERRAL FOR FOREIGN OIL AND GAS EXTRACTION
INCOME.
(a) General Rule.--Paragraph (1) of section 954(g) (defining
foreign base company oil related income) is amended to read as follows:
``(1) In general.--Except as otherwise provided in this
subsection, the term `foreign oil and gas income' means any
income of a kind which would be taken into account in
determining the amount of--
``(A) foreign oil and gas extraction income (as
defined in section 907(c)), or
``(B) foreign oil related income (as defined in
section 907(c)).''
(b) Conforming Amendments.--
(1) Subsections (a)(5), (b)(5), and (b)(6) of section 954,
and section 952(c)(1)(B)(ii)(I), are each amended by striking
``base company oil related income'' each place it appears
(including in the heading of subsection (b)(8)) and inserting
``oil and gas income''.
(2) Subsection (b)(4) of section 954 is amended by striking
``base company oil-related income'' and inserting ``oil and gas
income''.
(3) The subsection heading for subsection (g) of section
954 is amended by striking ``Foreign Base Company Oil Related
Income'' and inserting ``Foreign Oil and Gas Income''.
(4) Subparagraph (A) of section 954(g)(2) is amended by
striking ``foreign base company oil related income'' and
inserting ``foreign oil and gas income''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after the date
of the enactment of this Act, and to taxable years of United States
shareholders ending with or within such taxable years of foreign
corporations. | Energy Fairness for America Act - Amends the Internal Revenue Code to terminate: (1) the tax deduction for oil and gas intangible drilling and development costs; (2) the percentage depletion allowance for oil and gas wells; and (3) the tax credit for enhanced oil recovery costs.
Repeals provisions of the Energy Policy Act of 2005 relating to: (1) oil and gas royalties in-kind; (2) marginal property production incentives; (3) incentives for natural gas production in the Gulf of Mexico; (4) royalty suspension for deep water production; (5) the inventory of Outer Continental Shelf oil and natural gas resources; (6) the ultra-deepwater and unconventional natural gas and other petroleum resources program; (7) Alaska offshore royalty suspension; (8) accelerated depreciation of electric transmission property, natural gas distribution lines, and natural gas gathering lines and expensing of liquid fuel refinery property; (9) the exemption of small oil refiners from limitations on the oil depletion allowance; and (10) two-year amortization of geological and geophysical expenditures.
Requires certain large integrated oil companies to revalue their LIFO inventories of crude oil, natural gas, or other petroleum productions using a specified formula.
Limits or denies the foreign tax credit and tax deferrals for dual capacity taxpayers (taxpayers receiving economic and tax benefits from certain foreign jurisdictions), foreign oil and gas income, and foreign oil and gas extraction income. | {"src": "billsum_train", "title": "A bill to restore fairness in the provision of incentives for oil and gas production, and for other purposes."} | 4,313 | 307 | 0.576131 | 1.722633 | 0.676544 | 2.828571 | 13.128571 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Stock Ownership Plan
Promotion and Improvement Act of 2005''.
SEC. 2. 10 PERCENT PENALTY TAX NOT TO APPLY TO CERTAIN S CORPORATION
DISTRIBUTIONS MADE ON STOCK HELD BY EMPLOYEE STOCK
OWNERSHIP PLAN.
(a) In General.--Clause (vi) of section 72(t)(2)(A) of the Internal
Revenue Code of 1986 (relating to general rule that subsection not to
apply to certain distributions) is amended by inserting before the
comma at the end the following: ``or any distribution (as described in
section 1368(a)) with respect to S corporation stock that constitutes
qualifying employer securities (as defined by section 409(l)) to the
extent that such distributions are paid to a participant in the manner
described in clause (i) or (ii) of section 404(k)(2)(A)''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 3. ESOP DIVIDEND EXCEPTION TO ADJUSTMENTS BASED ON ADJUSTED
CURRENT EARNINGS.
(a) In General.--Section 56(g)(4)(C) of the Internal Revenue Code
of 1986 (relating to disallowance of items not deductible in computing
earnings and profits) is amended by adding at the end the following new
clause:
``(v) Treatment of esop dividends.--Clause
(i) shall not apply to any deduction allowable
under section 404(k) if the deduction is
allowed for dividends paid on employer
securities held by an employee stock ownership
plan established or authorized to be
established before March 15, 1991.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1989.
(c) Waiver of Limitations.--If refund or credit of any overpayment
of tax resulting from the application of the amendment made by this
section is prevented at any time before the close of the 1-year period
beginning on the date of the enactment of this Act by the operation of
any law or rule of law (including res judicata), such refund or credit
may nevertheless be made or allowed if claim therefor is filed before
the close of such period.
SEC. 4. AMENDMENTS RELATED TO SECTION 1042.
(a) Deferral of Tax for Certain Sales to Employee Stock Ownership
Plan Sponsored by S Corporation.--
(1) In general.--Section 1042(c)(1)(A) of the Internal
Revenue Code of 1986 (defining qualified securities) is amended
by striking ``C''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to sales after the date of the enactment of this
Act.
(b) Reinvestment in Certain Mutual Funds Permitted.--
(1) In general.--Clause (ii) of section 1042(c)(4)(B) of
the Internal Revenue Code of 1986 (defining operating
corporation) is amended to read as follows:
``(ii) Financial institutions, insurance
companies, and mutual funds.--The term
`operating corporation' shall include--
``(I) any financial institution
described in section 581,
``(II) any insurance company
subject to tax under subchapter L, and
``(III) any regulated investment
company if substantially all of the
securities held by such company are
securities issued by operating
corporations (determined without regard
to this subclause).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to sales of qualified securities after the date of
the enactment of this Act.
(c) Modification to 25-Percent Shareholder Rule.--
(1) In general.--Subparagraph (B) of section 409(n)(1) of
the Internal Revenue Code of 1986 (relating to securities
received in certain transactions) is amended to read as
follows:
``(B) for the benefit of any other person who owns
(after the application of section 318(a)) more than 25
percent of--
``(i) the total combined voting power of
all classes of stock of the corporation which
issued such employer securities or of any
corporation which is a member of the same
controlled group of corporations (within the
meaning of subsection (l)(4)) as such
corporation, or
``(ii) the total value of all classes of
stock of any such corporation.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act.
SEC. 5. EARLY DISTRIBUTIONS FROM EMPLOYEE STOCK OWNERSHIP PLANS FOR
HIGHER EDUCATION EXPENSES AND FIRST-TIME HOMEBUYER
PURCHASES.
(a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 (relating to 10-percent additional tax on early
distributions from qualified retirement plans) is amended by adding at
the end the following new subparagraph:
``(G) Distributions from employee stock ownership
plans for higher education expenses and first-time
homebuyer purchases.--
``(i) In general.--Distributions made to
the employee from an employee stock ownership
plan (within the meaning of section
4975(e)(7)), the amount of which does not
exceed the sum of--
``(I) qualified higher education
expenses (as defined by paragraph (7))
reduced by the amount of such expenses
taken into account under subparagraph
(E), and
``(II) qualified first-time
homebuyer distributions (as defined by
paragraph (8)) reduced by the amount of
such distributions taken into account
under subparagraph (F).
``(ii) Limitation.--A distribution may only
be taken into account under clause (i) if--
``(I) such distribution is in the
form of either employer securities
(within the meaning of section 409(l))
or cash proceeds resulting from the
sale of such securities made not more
than 180 days before the date of such
distribution for the purposes of such
distribution,
``(II) such securities so
distributed or sold were held by such
plan for at least 5 years before the
date of such distribution or, if
applicable, sale, and
``(III) the number of shares in
each class of such securities so
distributed or sold, when added to all
previous distributions and sales of
each such class of such securities for
such purposes on behalf of such
employee, does not exceed 10 percent of
the aggregate number of shares of each
class of such securities allocated to
the account of such employee under such
plan.
``(iii) Valuation of distributed
securities.--For purposes of clause (ii), the
value of a security shall be the value of such
security on the date of distribution.''.
(b) Conforming Amendments.--
(1) Paragraph (7) of section 72(t) of such Code is amended
by striking ``paragraph (2)(E)'' and inserting ``subparagraphs
(E) and (G) of paragraph (2)''.
(2) Paragraph (8) of section 72(t) of such Code is amended
by striking ``paragraph (2)(F)'' and inserting ``subparagraphs
(F) and (G) of paragraph (2)''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 6. DE MINIMIS EXCEPTION TO DIVERSIFICATION OF INVESTMENT
REQUIREMENT.
(a) In General.--Paragraph (28) of section 401(a) of the Internal
Revenue Code of 1986 (relating to additional requirements relating to
employee stock ownership plans) is amended by adding at the end the
following new subparagraph:
``(D) Exception for de minimis account balance.--A
plan shall not fail to meet the requirements of this
subparagraph for a plan year solely because the plan
provides that clause (i) does not apply to any
participant's account in the plan which, as of the
close of the preceding plan year, has an account
balance which does not exceed $2,500.''.
(b) Effective Date.--The amendment made by this section shall apply
to plan years beginning after the date of the enactment of this Act. | Employee Stock Ownership Plan Promotion and Improvement Act of 2005 - Amends the Internal Revenue Code to: (1) exempt certain distributions, including dividends, by S corporations to an employee stock ownership plan (ESOP) from the penalty tax for premature employee benefit plan withdrawals; (2) exempt deductions for ESOP dividends from corporate alternative minimum tax adjustments based on adjusted earnings and profits; (3) allow deferral of the recognition of gain for certain sales to ESOPs sponsored by any domestic corporation, including S corporations; (4) allow reinvestment of ESOP stock proceeds eligible for nonrecognition of gain in certain mutual funds; (5) modify certain ESOP stock ownership rules; (6) allow early distributions from an ESOP for higher education expenses and first-time homebuyer purchases without penalty; and (7) allow a de minimis exception from pension plan diversification requirements for ESOP accounts with balances of $2,500 or less. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to improve the operation of employee stock ownership plans, and for other purposes."} | 1,937 | 206 | 0.484506 | 1.339454 | 0.814955 | 2.052023 | 9.606936 | 0.815029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Billing Abuse Prevention
Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the General Accounting Office has reported that the use
of commercial software to detect billing code abuse by medicare
supplementary medical insurance program carriers may save the
taxpayers $2,000,000 per day; and
(2) prompt use of such software may be impeded by
regulatory requirements which are not related to efficient
implementation of the medicare program.
SEC. 3. IMPLEMENTATION OF GENERAL ACCOUNTING OFFICE RECOMMENDATIONS
REGARDING MEDICARE CLAIMS PROCESSING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall, by regulation, contract,
change order, or otherwise, require medicare carriers to acquire
commercial automatic data processing equipment (in this Act referred to
as ``ADPE'') meeting the requirements of section 4 to process medicare
part B claims for the purpose of identifying billing code abuse.
(b) Supplementation.--Any ADPE acquired in accordance with
subsection (a) shall be used as a supplement to any other ADPE used in
claims processing by medicare carriers.
(c) Standardization.--In order to ensure uniformity, the Secretary
may require that medicare carriers that use a common claims processing
system acquire common ADPE in implementing subsection (a).
(d) Implementation Date.--Any ADPE acquired in accordance with
subsection (a) shall be in use by medicare carriers not later than 180
days after the date of the enactment of this Act.
SEC. 4. MINIMUM SOFTWARE REQUIREMENTS.
(a) In General.--The requirements described in this section are as
follows:
(1) The ADPE shall be a commercial item.
(2) The ADPE shall surpass the capability of ADPE used in
the processing of medicare part B claims for identification of
code manipulation on the day before the date of the enactment
of this Act.
(3) The ADPE shall be capable of being modified to--
(A) satisfy pertinent statutory requirements of the
medicare program; and
(B) conform to general policies of the Health Care
Financing Administration regarding claims processing.
(b) Minimum Standards.--Nothing in this Act shall be construed as
preventing the use of ADPE which exceeds the minimum requirements
described in subsection (a).
SEC. 5. DISCLOSURE.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsection (b), any ADPE or data related thereto
acquired by medicare carriers in accordance with section 3(a) shall not
be subject to public disclosure.
(b) Exception.--The Secretary may authorize the public disclosure
of any ADPE or data related thereto acquired by medicare carriers in
accordance with section 3(a) if the Secretary determines that--
(1) release of such information is in the public interest;
and
(2) the information to be released is not protected from
disclosure under section 552(b) of title 5, United States Code.
SEC. 6. REVIEW AND MODIFICATION OF REGULATIONS.
Not later than 30 days after the date of the enactment of this Act,
the Secretary shall order a review of existing regulations, guidelines,
and other guidance governing medicare payment policies and billing code
abuse to determine if revision of or addition to those regulations,
guidelines, or guidance is necessary to maximize the benefits to the
Federal Government of the use of ADPE acquired pursuant to section 3.
SEC. 7. DEFINITIONS.
For purposes of this Act--
(1) The term ``automatic data processing equipment'' (ADPE)
has the same meaning as in section 111(a)(2) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
759(a)(2)).
(2) The term ``billing code abuse'' means the submission to
medicare carriers of claims for services that include procedure
codes that do not appropriately describe the total services
provided or otherwise violate medicare payment policies.
(3) The term ``commercial item'' has the same meaning as in
section 4(12) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)).
(4) The term ``medicare part B'' means the supplementary
medical insurance program authorized under part B of title
XVIII of the Social Security Act (42 U.S.C. 1395j-1395w-4).
(5) The term ``medicare carrier'' means an entity that has
a contract with the Health Care Financing Administration to
determine and make medicare payments for medicare part B
benefits payable on a charge basis and to perform other related
functions.
(6) The term ``payment policies'' means regulations and
other rules that govern billing code abuses such as unbundling,
global service violations, double billing, and unnecessary use
of assistants at surgery.
(7) The term ``Secretary'' means the Secretary of Health
and Human Services. | Medicare Billing Abuse Prevention Act of 1995 - Directs the Secretary of Health and Human Services to require Medicare carriers to acquire commercial automatic data processing equipment (ADPE) meeting specified requirements to process Medicare part B (Supplementary Medical Insurance) claims for the purpose of identifying billing code abuse and implement such ADPE by a certain date.
Provides for the disclosure of ADPE and related data under limited circumstances.
Requires the Secretary to order a review of existing regulations, guidelines, and other guidance governing Medicare payment policies and billing code abuse to determine if revision is necessary to maximize the benefits resulting from the use of ADPE. | {"src": "billsum_train", "title": "Medicare Billing Abuse Prevention Act of 1995"} | 1,125 | 138 | 0.636237 | 1.638128 | 0.635153 | 4.367521 | 8.478632 | 0.91453 |
SECTION 1. TEMPORARY 4.3-CENT REDUCTION IN CERTAIN FUEL TAX RATES.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on gasoline and diesel fuel) is amended
by adding at the end the following new subsection:
``(f) Temporary 4.3-Cent Reduction in Certain Fuel Tax Rates.--
``(1) In general.--During the temporary rate reduction
period, each rate of tax referred to in paragraph (2) shall be
reduced by 4.3 cents per gallon.
``(2) Rate of tax.--The rates of tax referred to in this
paragraph are--
``(A) each rate of tax under subsection (a)(2)(A)
(relating to gasoline and diesel fuel),
``(B) each rate of tax under paragraph (1) or (2)
of section 4041(a) (relating to diesel fuel and special
fuels), and
``(C) the rate of tax under section
4041(m)(1)(A)(i) (relating to certain methanol or
ethanol fuels).
``(3) Comparable treatment for compressed natural gas.--No
tax shall be imposed by section 4041(a)(3) on any sale or use
during the temporary rate reduction period.
``(4) Comparable treatment under certain refund rules.--In
the case of fuel on which tax is imposed during the temporary
rate reduction period, each of the rates specified in sections
6421(f)(3)(B)(ii), 6427(b)(2)(A), and 6427(l)(3)(B)(ii) shall
be reduced by 4.3 cents per gallon.
``(5) Coordination with highway trust fund deposits.--In
the case of fuel on which tax is imposed during the temporary
rate reduction period, each of the rates specified in
subparagraphs (A)(i) and (C)(i) of section 9503(f)(3) shall be
reduced by 4.3 cents per gallon.
``(6) Temporary rate reduction period.--For purposes of
this subsection, the term `temporary rate reduction period'
means the period after the date of the enactment of this
subsection and before January 1, 1997.''
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 2. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) 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
(2) 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 section 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.
(b) Time For Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) 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
(2) 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.
(c) Exception For Fuel Held In Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section, the terms
``dealer'' and ``held by a dealer'' have the respective meanings given
to such terms by section 6412 of such Code.
(e) 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 section.
SEC. 3. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of gasoline or diesel fuel on
which tax was imposed under section 4081 of the Internal Revenue Code
of 1986 before January 1, 1997, and which is held on such date by any
person, there is hereby imposed a floor stocks tax of 4.3 cents per
gallon.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding gasoline or diesel
fuel on January 1, 1997, to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before June 30, 1997.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--Gasoline and diesel fuel shall be
considered as ``held by a person'' if title thereto has passed
to such person (whether or not delivery to the person has been made).
(2) Gasoline and diesel fuel.--The terms ``gasoline'' and
diesel fuel have the respective meanings given such terms by
section 4082 of such Code.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or his delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to gasoline or diesel fuel held by any person
exclusively for any use to the extent a credit or refund of the tax
imposed by section 4081 of such Code is allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on gasoline or diesel fuel held in the tank
of a motor vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline held on January 1, 1997, by any
person if the aggregate amount of gasoline held by such
person on such date does not exceed 4,000 gallons, and
(B) on diesel fuel held on such date by any person
if the aggregate amount of diesel fuel held by such
person on such date does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person submits
to the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require for
purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control where 1 or more of such persons is not a
corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section 4081
of such Code shall, insofar as applicable and not inconsistent with the
provisions of this subsection, apply with respect to the floor stock
taxes imposed by subsection (a) to the same extent as if such taxes
were imposed by such section 4081.
SEC. 4. REPEAL OF BENEFITS FOR ALCOHOL FUELS.
(a) Repeal of Alcohol Fuels Credit.--
(1) In general.--Section 40 of the Internal Revenue Code of
1986 (relating to alcohol used as fuel) is hereby repealed.
(2) Conforming amendments.--
(A) Subsection (b) of section 38 of such Code is
amended by striking paragraph (3) and by redesignating
paragraphs (4) through (8) as paragraphs (3) through
(7), respectively.
(B) Section 87 of such Code is hereby repealed.
(C) Subsection (c) of section 196 of such Code is
amended by striking paragraph (3) and by redesignating
paragraphs (4) and (5) as paragraphs (3) and (4),
respectively.
(D) Subsection (n) of section 6501 of such Code is
amended by striking ``40(f)''.
(E) The table of sections for subpart D of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 40.
(F) The table of sections for part II of subchapter
B of chapter 1 of such Code is amended by striking the
item relating to section 87.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after the date of the
enactment of this Act
(b) Repeal of Reduced Fuel Tax Rates.--
(1) Gasoline and diesel fuel.--Section 4081 of such Code is
amended by striking subsection (c) and by redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively.
(2) Aviation fuel.--Section 4091 of such Code is amended by
striking subsection (c).
(3) Special motor fuels.--
(A) Section 4041 of such Code is amended by
striking subsections (k) and (m).
(B) Subsection (b) of section 4041 of such Code is
amended by striking paragraph (2).
(4) Conforming amendments.--
(A) Section 6427 of such Code is amended by
striking subsection (f).
(B) Subsection (i) of section 6427 of such Code is
amended by striking paragraph (3) and by redesignating
paragraph (4) as paragraph (3).
(C)(i) Subsection (e) of section 9502 of such Code
is amended by striking paragraph (2).
(ii) Subsection (f) of section 9502 of such Code is
amended by striking paragraph (2) and by redesignating
paragraph (3) as paragraph (2).--
(D) Subsection (f) of section 9503 of such Code is
amended by striking paragraph (3) and by redesignating
paragraph (4) as paragraph (3).
(5) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act. | Amends the Internal Revenue Code to reduce, from the date of enactment of this Act until January 1, 1997, the rate of tax on gasoline, diesel fuel, special motor fuels, certain alcohol fuels, and compressed natural gas. Modifies, for taxes paid during that period: (1) refund rates for gasoline used in trains and certain buses and diesel fuel used in trains; and (2) rates regarding alcohol fuels in provisions defining the Highway Trust Fund financing rate. Provides for the treatment of gasoline or diesel fuel floor stocks. Repeals provisions allowing a credit for alcohol fuels. Removes provisions relating to: (1) taxable fuels mixed with alcohol; (2) a reduced rate of tax for aviation fuel mixed with alcohol; and (3) fuels containing alcohol and certain alcohol fuels. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a temporary suspension of 4.3 cents per gallon in the rates of tax on gasoline and diesel fuel."} | 2,495 | 168 | 0.512296 | 1.413695 | 0.757644 | 1.886792 | 14.100629 | 0.855346 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adult Day Achievement Center
Enhancement Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Multiple sclerosis (or MS) is a chronic, often
disabling disease that attacks the central nervous system,
which is made up of the brain, spinal cord, and optic nerves.
Most people with multiple sclerosis are diagnosed between the
ages of 20 and 50 years of age.
(2) The symptoms of MS may be mild, such as numbness in the
limbs, or severe, such as paralysis or loss of vision. The
progress, severity, and specific symptoms of MS are
unpredictable and vary from one person to another.
(3) Persons living with MS who experience more severe forms
of MS are likely to require either home care or nursing home
placement, though the vast majority would prefer to remain at
home to receive the care they need. Where home care is
concerned, approximately 80 percent of such care is provided by
informal, unpaid, caregivers who are generally family members.
(4) Family caregivers of people with MS generally average
60 years of age. Almost half spend more than 20 hours per week
providing care for their family member living with MS and have
been fulfilling this role on average for over 13 years.
(5) In general, family caregivers, the majority of whom are
women, provide an estimated $306,000,000,000 in ``free''
services annually. The pool of potential family caregivers is
dwindling, from 11 potential caregivers for each person needing
care today to a projected 4 to 1 ratio by 2050.
(6) Recent studies indicate that the total estimated cost
to employers for full-time employees with intensive caregiving
responsibilities is $17,100,000,000. The total estimated cost
to employers for all full-time, employed caregivers is
$33,600,000,000 annually.
(7) Adult day programs can offer services, including
medical care, rehabilitation therapies, dignified assistance
with activities of daily living, nutrition therapy, health
monitoring, social interaction, stimulating activities, and
transportation, to seniors, people with disabilities, and
younger adults with chronic diseases.
(8) Adult day programs geared toward people living with MS,
or other similar diseases, provide an important response to the
needs of people with severe MS and their caregivers. These MS
Adult Day Programs (MSADPs) can help to ameliorate MS symptoms,
reduce dependency, provide important socialization
opportunities, and maintain quality of life.
(9) MSADP programs have been shown to provide a range of
documented benefits to people living with MS including
improvements in functional status, fatigue, depression, pain
and social support. MSADPs also reduce ongoing medical care and
hospital costs and decrease admissions to nursing home
facilities, which can be costly for many families, by allowing
individuals to receive health and social services while
continuing to live at home.
(10) There are less than a dozen MSADPs in the United
States at present and as a result the majority of people living
with MS are unable to access this important opportunity for
maximizing their health and wellness. Although people living
with MS may be able to access other existing adult day
programs, such programs are not typically intended for younger
adults living with chronic diseases like MS, and may not
provide the appropriate services to meet the age-related or
disability status of these individuals.
SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS.
(a) Survey of Existing Adult Day Programs.--
(1) In general.--Not later than 90 days after the date of
the enactment of this section, the Assistant Secretary for
Aging shall initiate a comprehensive survey of current adult
day programs that provide care and support to individuals
living with multiple sclerosis, including any multiple
sclerosis adult day programs and other similar adult day
programs as defined in this Act.
(2) Survey elements.--In carrying out the survey under
paragraph (1), the Assistant Secretary for Aging may utilize
existing publicly available research on adult day programs, and
shall--
(A) identify ongoing successful MSADPs and other
similar adult day programs, including by providing a
brief description of how such programs were initially
established and funded;
(B) develop a set of best practices to help guide
the establishment and replication of additional
successful MSADPs and other similar adult day programs,
including--
(i) program guidelines;
(ii) recommendations on the scope of
services that should be provided (which may
include rehabilitation therapy, psychosocial
support, social stimulation and interaction,
and spiritual, educational, or other such
services); and
(iii) performance goals and indicators to
measure and analyze the outcomes generated by
the services provided and to evaluate the
overall success of the program; and
(C) evaluate the extent to which the Administration
on Aging supports MSADPs and other similar adult day
programs, either directly or indirectly, through
current Federal grant programs.
(3) Report.--Not later than 180 days after initiating the
survey under paragraph (1), the Assistant Secretary for Aging
shall produce and make publicly available a summary report on
the results of the survey. Such report shall include each of
the elements described in paragraph (2).
(b) Establishment of Grant Program.--
(1) In general.--Not later than 90 days after producing the
report required by subsection (a)(3), the Assistant Secretary
for Aging shall establish within the Administration on Aging a
competitive grant program for awarding grants annually to
eligible entities, based on the best practices developed under
subsection (a), to fund MSADPs and other similar adult day
programs.
(2) Eligible entities.--In order to be eligible for a grant
under this subsection, an entity shall demonstrate the
following:
(A) Understanding of the special needs of people
living with multiple sclerosis or other similar
diseases, including their functional abilities and the
potential complications across all types of cases and
stages of multiple sclerosis or other such similar
diseases.
(B) Understanding of the issues experienced by
family caregivers who assist a family member with
multiple sclerosis or another such similar disease.
(C) A capacity to provide the services recommended
by the best practices developed under subsection (a).
(3) Additional selection requirement.--The Assistant
Secretary for Aging shall not award a grant to an entity under
this subsection if the amount of the award would constitute
more than 40 percent of the operating budget of the entity in
the fiscal year for which funds for the grant are authorized to
be expended. For purposes of this subsection, the fair market
value of annual in-kind contributions of equipment or services
shall be considered as part of the operating budget of the
entity.
(4) Selection of grant recipients.--Not later than 90 days
after establishing the grant program under this subsection, the
Assistant Secretary for Aging shall award the first annual
series of grants under the program. In awarding grants under
this subsection, the Assistant Secretary should ensure, to the
extent practicable, a diverse geographic representation among
grant recipients and that, subject to the availability of
appropriations--
(A) a minimum of 5 entities are selected as grant
recipients for the first fiscal year for which such
grants are awarded;
(B) a minimum of 10 entities are selected as grant
recipients for the second such fiscal year;
(C) a minimum of 12 entities are selected as grant
recipients for the third such fiscal year; and
(D) a minimum of 15 entities are selected as grant
recipients for the fourth such fiscal year.
(5) Report.--No later than 1 year after the initial award
of grants under this subsection, and annually thereafter, the
Assistant Secretary for Aging shall produce and make publicly
available a brief summary report on the grant program under
this section. Each such report shall include the following:
(A) A description of the adult day programs
receiving funding under this section, including the
amount of Federal funding awarded and the expected
outcomes of each program.
(B) A description of performance goals and
indicators to monitor the progress of grant recipients
in--
(i) responding to the needs of individuals
living with multiple sclerosis or other such
similar chronic diseases; and
(ii) assisting the family caregivers of
such individuals.
(C) Any plans for improving oversight and
management of the grant program.
(c) Definitions.--In this Act:
(1) The term ``multiple sclerosis adult day program'' or
``MSADP'' means an adult day program that provides
comprehensive and effective care and support services to
individuals living with multiple sclerosis and their family
caregivers and that may assist participants in ways that--
(A) maintain or improve their functional abilities,
or otherwise help them adjust to their changing
functional abilities;
(B) prevent the onset of complications associated
with severe forms of the disease;
(C) promote alternatives to placement in nursing
homes;
(D) reduce the strain on family caregivers taking
care of a family member with multiple sclerosis; or
(E) focus on supporting the emotional, social, and
intellectual needs of a younger adult population.
(2) The term ``other similar adult day program'' means an
adult day program that provides a set of services similar to
those of an MSADP, but for individuals living with other
chronic diseases similar to multiple sclerosis that affect an
individual's central nervous system, and that may result in a
functional or degenerative disability.
(3) The term ``family caregiver'' means a family member or
foster parent who provides unpaid assistance (which may include
in-home monitoring, management, supervision, care and
treatment, or other similar assistance) to another adult family
member with a special need.
(d) Authorization of Appropriations.--To carry out this section, in
addition to amounts otherwise made available for such purpose, there
are authorized to be appropriated, and to remain available until
expended, the following:
(1) $1,000,000 for fiscal year 2011.
(2) $3,000,000 for fiscal year 2012.
(3) $6,000,000 for fiscal year 2013.
(4) $8,000,000 for fiscal year 2014.
(5) $10,000,000 for fiscal year 2015. | Adult Day Achievement Center Enhancement Act - Requires the Assistant Secretary for Aging to initiate a comprehensive survey of current adult day programs that provide care and support to individuals living with multiple sclerosis, to include: (1) identifying ongoing successful multiple sclerosis adult day programs (MSADPs) and other similar adult day programs; and (2) developing a set of best practices to help guide the establishment and replication of additional successful MSADPs and other similar adult day programs.
Directs the Assistant Secretary to establish a competitive grant program for awarding grants annually to fund MSADPs and other similar adult day programs. Defines an MSADP as an adult day program that provides comprehensive and effective care and support services to individuals living with multiple sclerosis and their family caregivers and that may assist participants in ways that: (1) maintain or improve their functional abilities or otherwise help them adjust to their changing functional abilities; (2) prevent the onset of complications associated with severe forms of the disease; (3) promote alternatives to placement in nursing homes; (4) reduce the strain on family caregivers taking care of a family member with multiple sclerosis; or (5) focus on supporting the emotional, social, and intellectual needs of a younger adult population. | {"src": "billsum_train", "title": "To expand and enhance existing adult day programs for people with multiple sclerosis or other similar diseases, to support and improve access to respite services for family caregivers who are taking care of such people, and for other purposes."} | 2,112 | 261 | 0.51625 | 1.594087 | 0.839623 | 5.974468 | 9.008511 | 0.978723 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of National Environmental
Technologies Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act--
(1) to improve coordination and integration of research and
development performed by government agencies and that performed
through government-awarded contracts and grants; and
(2) to assist the efforts of private industry,
universities, nonprofit research centers, and government
laboratories to provide environmentally safe technical
solutions to problems threatening the Nation's environmental
security and, in the process, to help the Nation's
competitiveness.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``Advisory Council'' means the Industry and
Academia Advisory Council established by section 5;
(3) the term ``Assistant Administrator'' means the
Assistant Administrator, Office of National Environmental
Technologies, Environmental Protection Agency;
(4) the term ``Fund'' means the Environmental Advanced
Research Projects Revolving Fund established by section 9; and
(5) the term ``Office'' means the Office of National
Environmental Technologies established pursuant to section 4.
SEC. 4. ESTABLISHMENT OF OFFICE.
(a) Establishment.--(1) The Administrator shall establish within
the Environmental Protection Agency an Office of National Environmental
Technologies to be headed by an Assistant Administrator of the
Environmental Protection Agency. The duties and responsibilities of the
Administrator set forth in this Act shall be carried out through the
Office.
(2) Section 5313 of title 5, United States Code, is amended by
adding at the end the following new item:
``Assistant Administrator, Office of National Environmental
Technologies, Environmental Protection Agency.''.
(b) Staff.--The Administrator may appoint a staff of professionals
with skills in the area of program definition and management and such
support staff as the Administrator determines to be necessary, of which
no more than 3 may be in positions of a confidential or policymaking
character.
(c) Functions.--It shall be the function of the Office to--
(1) coordinate planning by the departments, agencies, and
independent establishments of the United States relating to
restoration and protection of the environment;
(2) identify areas that--
(A) need technical solutions to maintain the
environmental security of the Nation;
(B) are not receiving the long-term product-
oriented research that is necessary to meet those
needs; and
(C) exhibit the greatest promise for the successful
development of solutions;
(3) support and assist the development of technology having
potential future application in the restoration and protection
of the environment;
(4) coordinate among the departments, agencies, independent
establishments of the United States and the private sector the
exchange of technological information relating to restoration
and protection of the environment;
(5) support continuing research and development of advanced
technologies by industrial, academic, and governmental and
nongovernmental entities;
(6) monitor on a continuing basis the research and
development being conducted on advanced technologies by private
industry in the United States; and
(7) promote continuing development of a technological
industrial base in the United States.
(d) Interagency Advisory Committee.--(1) There is established an
interagency advisory committee composed of--
(A) the Administrator, who shall be chair of the committee;
(B) the Director of the Office of Science and Technology
Policy, or the Director's designee;
(C) the Secretary of Energy, or the Secretary's designee;
(D) the Secretary of Commerce, or the Secretary's designee;
(E) the Secretary of State, or the Secretary's designee;
(F) the Secretary of Defense, or the Secretary's designee;
(G) the Administrator of the National Aeronautics and Space
Administration, or the Administrator's designee;
(H) the Secretary of the Interior, or the Secretary's
designee; and
(I) the Secretary of Agriculture, or the Secretary's
designee.
(2) The interagency advisory committee shall advise and provide
information to the Office with respect to the needs and concerns of
their agencies in the field of environmental technologies.
SEC. 5. INDUSTRY AND ACADEMIA ADVISORY COUNCIL.
(a) Establishment.--There is established the Industry and Academia
Advisory Council.
(b) Membership.--(1) The Advisory Council shall consist of 9
members appointed by the Administrator, at least 5 of whom shall be
from United States industry.
(2) The persons appointed as members of the Advisory Council--
(A) shall be eminent in fields such as business, research,
new product development, engineering, labor, education,
management consulting, environment, and international
relations;
(B) shall be selected solely on the basis of established
records of distinguished service; and
(C) shall not be employees of the Federal Government.
(3) In making appointments of persons as members of the Advisory
Council, the Administrator shall give due consideration to any
recommendations that may be submitted to the Director by the National
Academies, professional societies, business associations, labor
associations, and other appropriate organizations.
(c) Terms.--(1)(A) Subject to paragraph (2), the term of office of
a member of the Advisory Council shall be 3 years.
(B) A member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was appointed
shall be appointed for the remainder of that term.
(C) A member who has completed 2 consecutive full terms on the
Advisory Council shall not be eligible for reappointment until 1 year
after the expiration of the second such term.
(2) The initial members of the Advisory Council shall be appointed
to three classes of 3 members each, one class having a term of 1 year,
one a term of 2 years, and one a term of 3 years.
(3)(A) The Advisory Council shall meet at least quarterly at the
call of the chair or whenever one-third of the members so request in
writing.
(B) A majority of the members of the council not having a conflict
of interest in a matter under consideration by the Advisory Council
shall constitute a quorum.
(C) Each member shall be given appropriate notice of a meeting of
the Advisory Council, not less than 15 days prior to any meeting, if
possible.
(4)(A) The Advisory Council shall appoint from among its members a
person to serve as chair and a person to serve as vice chair.
(B) The vice chair of the Advisory Council shall perform the duties
of the chair in the absence of the chair.
(5) The Advisory Council shall review and make recommendations
regarding general policy for the Office, its organization, its budget,
and its programs within the framework of national policies set forth by
the President and the Congress.
SEC. 6. GENERAL AUTHORITY OF THE ADMINISTRATOR.
(a) Authority.--In carrying out the functions of the Office, the
Administrator may--
(1) enter into, perform, and guarantee contracts, leases,
grants, and cooperative agreements with any department, agency,
or independent establishment of the United States or with any
person;
(2) use the services, equipment, personnel, or facilities
of any other department, agency, or independent establishment
of the United States, with the consent of the head of the
department, agency, or independent establishment and with or
without reimbursement, and cooperate with public and private
entities in the use of such services, equipment, and
facilities;
(3) supervise, administer, and control the activities
within the departments, agencies, and independent
establishments of the United States relating to patents,
inventions, trademarks, copyrights, royalty payments, and
matters connected therewith that pertain to technologies
relating to restoration and protection of the environment; and
(4) appoint 1 or more advisory committees or councils, in
addition to those established by sections 4(d) and 5, to
consult with and advise the Administrator.
(b) Transfer of Technology.--The Administrator may transfer to the
domestic private sector technology developed by or with the support of
the Office if the Administrator determines that the technology may have
potential application in private activities relating to restoration and
protection of the environment.
SEC. 7. COOPERATIVE AGREEMENTS AND OTHER ARRANGEMENTS.
(a) Agreements.--In carrying out the functions of the Office, the
Administrator may enter into a cooperative agreement or other
arrangement with any department, agency, or independent establishment
of the United States, any unit of State or local government, any
educational institution, or any other public or private person or
entity.
(b) Cooperation of Federal Agencies.--The heads of departments and
agencies shall cooperate fully with the Administrator--
(1) in carrying out the functions of the Office;
(2) in establishing appropriate interagency agreements to
develop cooperative programs and improve coordination and
integration of environmental research and development; and
(3) to avoid unnecessary duplication.
(c) Authority To Require Payment.--(1) A cooperative agreement or
other arrangement entered into under subsection (a) may include a
provision that requires a person or other entity to make payments to
the Office (or any other department, agency, or independent
establishment of the United States) as a condition to receiving
assistance from the Office under the agreement or other arrangement.
(2) The amount of any payment received by a department, agency, or
independent establishment of the United States pursuant to a provision
required under paragraph (1) shall be credited to the Fund in such
amount as the Administrator may specify.
(d) Nonduplication and Other Conditions.--The Administrator shall
ensure that--
(1) the authority under this section is used only when the
use of standard contracts or grants is not feasible or
appropriate; and
(2) to the maximum extent practicable, a cooperative
agreement or other arrangement entered into under this
section--
(A) does not provide for research that duplicates
research being conducted under other programs carried
out by a department, agency, or independent
establishment of the United States; and
(B) requires the other party to the agreement or
arrangement to share the cost of the project or
activity concerned.
SEC. 8. PROGRAM REQUIREMENTS.
(a) Selection Criteria.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall publish in the Federal
Register proposed criteria, and not later than 180 days after the date
of enactment of this Act, following a public comment period, final
criteria, for the selection of recipients of contracts, leases, grants,
and cooperative agreements under this Act.
(b) Financial Reporting and Auditing.--The Administrator shall
establish procedures regarding financial reporting and auditing to
ensure that contracts and awards are used for the purposes specified in
this section, are in accordance with sound accounting practices, and
are not funding existing or planned research programs that would be
conducted in the same time period in the absence of financial
assistance under this Act.
(c) Advice of the Advisory Council.--The Administrator shall ensure
that the advice of the Advisory Council is considered routinely in
carrying out the responsibilities of the Office.
(d) Dissemination of Research Results.--The Administrator shall
provide for appropriate dissemination of research results of the
Office's program.
(e) Contracts or Awards; Criteria; Restrictions.--(1) No contract
or award may be made under this Act until the research project in
question has been subject to a merit review, and has, in the opinion of
the reviewers appointed by the Administrator, been shown to have
scientific and technical merit.
(2) Federal funds made available under this Act shall be used only
for direct costs and not for indirect costs, profits, or management
fees of the contractor.
(3) In determining whether to make an award to a joint venture, the
Administrator shall consider whether the members of the joint venture
have provided for the appropriate participation of small United States
businesses in the joint venture.
(4) Section 552 of title 5, United States Code, shall not apply to
the following information obtained by the Federal Government on a
confidential basis in connection with the activities of any business or
any joint venture that receives funding under this Act:
(A) Information on the business operation of a member of
the business or joint venture.
(B) Trade secrets possessed by any business or by a member
of the joint venture.
(5) Intellectual property owned and developed by a business or
joint venture that receives funding under this Act or by any member of
such a joint venture may not be disclosed by any officer or employee of
the United States except in accordance with a written agreement between
the owner or developer and the Administrator.
(6) The United States shall be entitled to a share of the licensing
fees and royalty payments made to and retained by a business or joint
venture to which it contributes under this section in an amount
proportionate to the Federal share of the costs incurred by the
business or joint venture, as determined by independent audit.
(7) A contract or award under this Act shall contain appropriate
provisions for discontinuance of the project and return of the unspent
Federal funds to the Office (after payment of all allowable costs and
an audit) if it appears that, due to technical difficulties, financial
difficulty on the part of the recipient, or for any other reason, the
recipient is not making satisfactory progress toward successful
completion of the project.
(8) Upon dissolution of a joint venture that receives funding under
this Act or at a time otherwise agreed upon, the United States shall be
entitled to a share of the residual assets of a joint venture that is
proportionate to the Federal share of the costs of the joint venture,
as determined by independent audit.
SEC. 9. REVOLVING FUND.
(a) Establishment.--There is established in the Treasury of the
United States a revolving fund to be known as the ``Environmental
Advanced Research Projects Revolving Fund'', which shall consist of
such amounts as are appropriated or credited to it from time to time.
(b) Expenditures From the Fund.--Amounts in the Fund shall be
available, as provided in appropriations Acts, to carry out the
purposes of this Act.
(c) Loans, Grants, and Other Financial Assistance.--(1) The
Administrator may use the Fund for the purpose of making loans, grants,
and other financial assistance to industrial and nonprofit research
centers, universities, and other entities that serve the long-term
environmental security needs of the United States, to carry out the
purposes of this Act.
(2) A loan made under this section shall bear interest at a rate
determined by the Secretary of the Treasury (as of the close of the
calendar month preceding the month in which the loan is made) to be 3
percent less than the current market yield on outstanding marketable
obligations of the United States with remaining periods to maturity
comparable to the period for which the loan is made.
(3) Repayments on a loan made under this section and the proceeds
from any other agreement entered into by the Administrator under this
Act shall be credited to the Fund.
(d) Management of Fund.--(1) The Secretary of the Treasury shall
manage the Fund and, after consultation with the Administrator, report
to Congress each year on the financial condition and the results of the
operation of the Fund during the preceding fiscal year and on the
expected condition and operations of the Fund during the next 5 fiscal
years.
(2)(A) The Secretary of the Treasury shall invest the portion of
the Fund that is not, in the judgment of the Secretary, required to
meet current withdrawals.
(B) Investments of monies in the Fund may be made only in interest-
bearing obligations of the United States.
SEC. 10. ANNUAL REPORT.
The Administrator shall submit a report to Congress annually
describing--
(1) the activities of the Office;
(2) the Office's plans for future activities;
(3) the manner and extent to which technologies developed
with assistance from the Office have been used; and
(4) the extent to which those technologies have been
transferred overseas.
SEC. 11. APPROPRIATIONS.
(a) Amounts.--There are authorized to be appropriated to carry out
the purposes of this Act $85,000,000 for fiscal year 1994, $165,000,000
for fiscal year 1995, and $250,000,000 for fiscal year 1996.
(b) Limitation on Use.--Of amounts appropriated under subsection
(a), no more than 5 percent may be used to pay for administrative
expenses of the Office.
HR 2224 IH----2 | Office of National Environmental Technologies Act - Establishes the Office of National Environmental Technologies within the Environmental Protection Agency (EPA) to: (1) coordinate Federal environmental restoration and protection planning; (2) identify areas that need technical solutions to maintain environmental security, are not receiving product-oriented research necessary to meet those needs, and exhibit the greatest promise for the development of solutions; (3) support the development of technology having future application in environmental restoration and protection; (4) coordinate the exchange of technological information relating to environmental restoration and protection between Federal agencies and the private sector; (5) support continuing research and development of advanced technologies; (6) monitor research and development being conducted on advanced technologies by private industry; and (7) promote continuing development of a technological industrial base in the United States.
Permits the EPA Administrator to transfer to the domestic private sector technology developed with the support of the Office if the technology may have potential application in private activities relating to environmental restoration and protection.
Provides for dissemination of the results of Office research.
Directs the Administrator, in determining whether to make an award to a joint venture, to consider whether the joint venture has provided for appropriate participation of U.S. small businesses. Sets forth confidentiality provisions concerning trade secrets and intellectual property. Entitles the United States to a share of licensing fees and royalty payments made to a joint venture in an amount proportionate to the Federal share of costs incurred. Provides for the return of unspent Federal funds to the Office if it appears that the recipient is not making satisfactory progress toward successful completion of the project. Entitles the United States, upon dissolution of a joint venture that receives funding under this Act, to a share of the residual assets proportionate to the Federal share of costs.
Establishes the Environmental Advanced Research Projects Revolving Fund to provide financial assistance to entities that serve long-term environmental security needs.
Authorizes appropriations. | {"src": "billsum_train", "title": "Office of National Environmental Technologies Act"} | 3,518 | 400 | 0.617621 | 2.063853 | 0.902299 | 4.195187 | 9.187166 | 0.949198 |
SECTION 1. MOTORBOATS IN BOUNDARY WATERS CANOE AREA WILDERNESS.
(a) Basswood, Saganaga, and Birch Lakes.--Section 4(c) of Public
Law 95-495 (92 Stat. 1650) is amended--
(1) in paragraph (1)--
(A) by striking ``Basswood, except'' and all that
follows through ``Washington Island;'' and inserting
``Basswood, Lake County;'';
(B) by striking ``, except for that portion west of
American Point''; and
(C) by inserting ``Birch, Lake County;'' after
``Moose, Lake County;''; and
(2) by striking paragraph (4).
(b) Lac La Croix.--Section 4(d) of Public Law 95-495 (92 Stat.
1651) is amended by striking ``that portion of the Lac La Croix, Saint
Louis County, south of Snow Bay and east of Wilkins Bay'' and inserting
``and Lac la Croix, Saint Louis County''.
(c) Seagull Lake.--Section 4(c) of Public Law 95-495 (92 Stat.
1650) is amended--
(1) in paragraph (2), by striking ``, that portion
generally east of Threemile Island, Cook County''; and
(2) in paragraph (3), by striking ``Sea Gull, Cook County,
that portion generally west of Threemile Island, until January
1, 1999;''.
SEC. 2. GUESTS.
The second proviso of section 4(f) of Public Law 95-495 (92 Stat.
1651) is amended--
(1) by striking ``homeowners and their guests and resort
owners and their guests'' and inserting in lieu thereof
``homeowners and resort owners and the day and overnight guests
of homeowners and resort owners who buy or rent goods and
services''; and
(2) by inserting ``or chain of lakes'' after ``shall have
access to that particular lake''.
SEC. 3. MOTORIZED PORTAGES.
Section 4(g) of Public Law 95-495 (92 Stat. 1651) is amended to
read as follows:
``(g) Nothing in this Act shall be construed to prevent the
operation of motorized vehicles and associated equipment which is
necessary to assist in the transport of boats across the portages from
Moose Lake Chain to Basswood Lake, from Fall Lake to Basswood Lake, and
from Lake Vermilion to Trout Lake.''.
SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS INTERGOVERNMENTAL
COUNCIL.
Public Law 95-495 (92 Stat. 1650) is amended by adding at the end
the following new section:
``SEC. 22. BOUNDARY WATERS CANOE AREA WILDERNESS INTERGOVERNMENTAL
COUNCIL.
``(a) Establishment.--
``(1) Membership.--There is hereby established the Boundary
Waters Canoe Area Wilderness Intergovernmental Council
(hereafter in this section referred to as the ``Council''). The
Council shall be composed of 11 members, as follows:
``(A) The Under Secretary for Natural Resources and
Environment, Department of Agriculture, ex officio, or
his designee.
``(B) Three individuals, appointed by the Secretary
after consideration of recommendations by the Governor,
to represent the Minnesota Department of Natural
Resources, the Minnesota Environmental Quality Board,
and the Minnesota Office of Tourism.
``(C) One individual appointed by the Secretary to
represent the Minnesota Historical Society.
``(D) The Chair of the St. Louis County
Commissioners, or the designee of the Chair, ex
officio.
``(E) The Chair of the Lake County Commissioners,
or the designee of the Chair, ex officio.
``(F) The Chair of Cook County Commissioners, or
the designee of the Chair, ex officio.
``(G) The State Senator, who represents the area in
which the wilderness is located, or the designee of the
State Senator, ex officio.
``(H) The State Representative, who represents the
area in which the wilderness is located, or the
designee of the State Representative, ex officio.
``(I) One member of the Native American community
to represent the 1854 Treaty Authority.
``(2) Terms.--The term of the members appointed to the
Council under paragraph (1), other than ex officio members,
shall be two years. Any member of the Council appointed for a
definite term may serve after the expiration of his term until
his successor is appointed.
``(3) Compensation.--Members of the Council who are not
employed by the Federal Government shall serve without pay.
While away from their homes or regular places of business in
the performance of services of the Council, members of the
Council shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in Federal Government service are allowed
expenses under section 5703 of title 5, United States Code.
``(b) Provisions Relating to the Conduct of Council Business.--
``(1) Quorum.--Eight members of the Council shall
constitute a quorum.
``(2) Chairperson.--The members of the Council shall elect
a chairperson of the Council from among the members of the
Council.
``(3) Vacancy.--Any vacancy in the Council shall be filled
in the same manner in which the original appointment was made.
``(4) Meetings.--The Council shall meet at the call of the
chairperson or a majority of the members.
``(5) Staff.--The Secretary shall provide the Council with
such staff and technical assistance as the Secretary, after
consultation with the Council, considers appropriate to enable
the Council to carry out its duties. Upon request of the
Secretary, any Federal agency may provide information,
personnel, property, and services, on a reimbursable basis, to
the Council to assist in carrying out its duties under this
section. The Secretary may accept the services of personnel
detailed from the State of Minnesota or any political
subdivision of the State and may reimburse the State or such
political subdivision for such services.
``(6) Procedural matters.--
``(A) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Council.
``(B) Guidelines for conduct of business.--The
following guidelines apply with respect to the conduct
of business at meetings of the Council:
``(i) Each regular meeting and each
emergency meeting shall be open to the public.
``(ii) Emergency meetings shall be held at
the call of the chair or equivalent presiding
officer.
``(iii) Timely public notice of each
regular meeting and each emergency meeting,
including the time, place, and agenda of the
meeting, shall be published in local newspapers
and such notice may be given by such other
means as will result in wide publicity.
``(iv) Interested persons shall be
permitted to present oral or written statements
regarding the matters on the agenda at
meetings.
``(v) Minutes of each meeting shall be kept
and shall contain a record of the persons
present, an accurate description of matters
discussed and conclusions reached, and copies
of all statements filed.
``(vi) The administrative record, including
minutes required under clause (v), of each
meeting, and records or other documents which
were made available to or prepared for or by
the Council incident to the meeting, shall be
available for public inspection and copying at
a single location in the offices of the
Council.
``(C) New information.--At any time when the
Council determines it appropriate to consider new
information from a State or Federal agency or from a
Council advisory body, the Council shall give
comparable consideration to new information offered at
that time by interested members of the public.
Interested parties shall have a reasonable opportunity
to respond to new data or information before the
Council takes final action on management measures.
``(c) Functions.--The Council shall, in accordance with the
provisions of this Act--
``(1) prepare and submit to the Secretary draft amendments
to the management plan and, from time to time, such additional
amendments to the plan as are necessary, which provides for as
broad a range of sustainable land and water uses and scenic and
recreational activities as are compatible with the laws and
regulations governing the wilderness and other local, State, or
Federal public lands, as may be decided upon in the plan;
``(2) after considering public comment and comment from the
Secretary, prepare and submit to the Secretary revisions of the
management plan when appropriate for the purposes of making
regularly scheduled management plan revisions under section 6
of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604);
``(3) consult with and provide comments to the Secretary
regarding the environmental impact of major Federal actions
significantly affecting the quality of the human environment
which are proposed by the Secretary;
``(4) analyze the economic and environmental costs and
benefits of implementing sustainable practices for the
wilderness;
``(5) conduct public hearings, at appropriate times and in
appropriate locations, so as to allow all interested persons an
opportunity to be heard in the development of the amendments to
and revisions of the management plan, in the development of
major Federal actions referred to in paragraph (3), and with
respect to the administration and implementation of the
provisions of this Act;
``(6) establish an ongoing process of review and evaluation
of local, State, and Federal actions, plans, ordinances,
regulations, laws, and land use decisions for the purpose of
assessing their effect on the long-term sustainability of the
economic and environmental values and resources of the region;
``(7) submit to the Secretary such periodic reports as the
Council deems appropriate, and any other relevant report which
may be requested by the Secretary; and
``(8) conduct other activities which are required by, or
provided for in, this Act or which are necessary and
appropriate to the functions specified in paragraphs (1)
through (7).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 5. MANAGEMENT PLAN.
Public Law 95-495 (92 Stat. 1650), as amended by section 4 of this
Act, is further amended by adding at the end the following new section:
``SEC. 23. MANAGEMENT PLAN.
``(a) In General.--The provisions of this section shall apply when
the Secretary is amending and revising management plans for the
wilderness or considering decisions that require public involvement and
notification under the National Environmental Policy Act of 1969.
``(b) Management Plan.--
``(1) Received from council.--The Secretary shall receive
the draft amendments to the revisions of the management plan
prepared and submitted by the Boundary Waters Canoe Area
Wilderness Intergovernmental Council under section 22(c),
together with public comments on the draft amendments or
revisions, and shall review and, if necessary, submit to the
Council such recommendations as the Secretary determines
appropriate for revising the draft amendments or revisions.
``(2) Revisions.--The Secretary shall accept a revised
drafts prepared and submitted by the Council by reason of
paragraph (1).
``(3) Final plan.--
``(A) In general.--If the Secretary determines that
the amendments to or revisions of the management plan
are not inconsistent with other provisions of this Act
or applicable laws, treaties, executive orders, and
that the amended or revised management plan is in the
public interest, the Secretary shall adopt the amended
or revised management plan.
``(B) Management plan board.--
``(i) If the Secretary decides not to adopt
the revised amendments to the management plan,
the amendments to the management plan shall be
made by the Secretary in accordance with clause
(iii) pursuant to recommendations made by a
management plan board appointed under clause
(ii).
``(ii) The management plan board shall
consist of three members, appointed as follows:
``(I) One member appointed by the
Secretary,
``(II) One member appointed by the
Secretary from a list of 5 or more
individuals submitted by the Boundary
Waters Canoe Area Wilderness
Intergovernmental Council, by majority
vote. The Secretary may request
additional lists.
``(III) One member appointed by the
Secretary from a list of 5 or more
individuals submitted by the two
members appointed under subclauses (I)
and (II). The Secretary may request
additional lists.
Members of a management plan board who are not
employed by the Federal Government shall serve
without pay. While away from their homes or
regular places of business in the performance
of services of the board, members of the board
shall be allowed travel expenses, including per
diem in lieu of subsistence, in the same manner
as persons employed intermittently in Federal
Government service are allowed expenses under
section 5703 of title 5, United States Code.
The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to a management plan
board.
``(iii) The management plan board shall
review the revised amendments to the management
plan submitted by the Council to the Secretary
under section 22(c), and such comments on the
revised amendments and recommendations for such
amendments as the Secretary submits to the
board. Following such review, the board shall
submit to the Secretary such amendments as the
board finds to be appropriate under the
provisions of this Act. The Secretary shall
revise the management plan in a manner based on
the amendments submitted by the board.
``(4) Not accepted.--If the Secretary determines not to
adopt the amendments to or revisions of the management plan
under subparagraph (A), the Secretary shall notify the Council
in writing within 95 days of the determination and shall make
recommendations for further action by the Council. No amendment
to the management plan shall be implemented by the Secretary
until the Secretary complies with paragraphs (1), (2), and (3).
``(5) Failure of council to act.--If the Council declines
to submit to the Secretary a revised management plan, or
amendments to a revised plan, the Secretary may make such
revisions as the Secretary considers necessary or appropriate
and implement the plan.
``(c) Major Federal Actions.--The Secretary shall seek the comment
of the Council when considering major Federal actions that require
public involvement and notification under the National Environmental
Policy Act of 1969.
``(d) Status Quo.--The management plan of the wilderness may not be
changed except in accordance with this section.''. | Modifies certain restrictions on the use of motorboats on, and motorized portages between, specified lakes within the Boundary Waters Canoe Area Wilderness in Minnesota.
Permits the operation of motorized vehicles and associated equipment which is necessary to assist in the transport of boats across the portages from Moose Lake Chain (currently, Sucker Lake) to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake.
Establishes the Boundary Waters Canoe Area Wilderness Intergovernmental Council to: (1) prepare and submit to the Secretary of Agriculture draft amendments and regularly scheduled revisions to the Wilderness management plan; (2) provide comments on the environmental impact of major Federal actions; and (3) analyze the economic and environmental costs and benefits of implementing sustainable practices for the Wilderness. Authorizes appropriations.
Directs the Secretary: (1) to receive the Council's draft amendments, recommend revisions, and adopt the revised amendments that are consistent with the public interest and applicable laws; (2) if the Secretary decides not to adopt the Council's revised amendments, to appoint, and revise the management plan based on amendments submitted by, a management plan board; or (3) if the Council declines to submit revised amendments, to make necessary and appropriate amendments and implement the plan. Directs the Secretary to seek the Council's comments when considering major Federal actions that require public involvement and notification under the National Environmental Policy Act of 1969. | {"src": "billsum_train", "title": "To provide for improved access to and use of the Boundary Waters Canoe Area Wilderness, and for other purposes."} | 3,229 | 330 | 0.470051 | 1.523834 | 0.660295 | 4.266187 | 11.079137 | 0.920863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Standards Addressing Federal
Transparency and Oversight With Evolving Recruitment Specifications
Act'' or the ``SAFE TOWERS Act''.
SEC. 2. HIRING OF AIR TRAFFIC CONTROLLERS.
Section 44506 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Revision of Hiring Practices.--
``(1) Consideration of applicants.--
``(A) Preference for at-cti and vra applicants.--In
appointing individuals to the position of air traffic
controller, the Administrator shall give preferential
consideration to the following applicants:
``(i) An individual who--
``(I) has successfully completed
air traffic controller training and
graduated from an institution
participating in the Collegiate
Training Initiative program maintained
under subsection (c)(1); and
``(II) has received an appropriate
recommendation from the institution.
``(ii) A qualified individual who is
eligible for a veterans recruitment appointment
pursuant to section 4214 of title 38.
``(iii) A qualified individual who is an
eligible veteran, as such term is defined in
section 4211 of title 38, maintaining aviation
experience.
``(B) Consideration of general public applicants.--
The Administrator may consider general public
applicants for the position of air traffic controller
only after completing consideration of the applicants
described in subparagraph (A).
``(2) Elimination of biographical assessments.--
``(A) In general.--The Administrator shall revise
the hiring practices of the Administration that apply
to applicants for the position of air traffic
controller with the Department of Transportation to
eliminate the use of a biographical assessment or any
other personality test that unduly disqualifies
applicants. The revision under this subparagraph shall
not be subject to paragraph (3).
``(B) Reconsideration of applicants disqualified on
the basis of biographical assessments.--
``(i) In general.--If an individual applied
for the position of air traffic controller with
the Department in response to the FG-01 Vacancy
Announcement issued on February 10, 2014, and
was disqualified from the position as the
result of a biographical assessment, the
Administrator shall provide the applicant an
opportunity to reapply as soon as practicable
for the position under the revised hiring
practices.
``(ii) Waiver of age restriction.--The
Administrator shall waive any maximum age
restriction for the position of air traffic
controller with the Department that would
otherwise disqualify an individual from the
position if the individual--
``(I) is reapplying for the
position pursuant to clause (i) on or
before December 31, 2016; and
``(II) met the maximum age
requirement on the date of the
individual's previous application for
the position.
``(3) Participation of cti institutions in revision of
hiring practices.--Before making any revision to the hiring
practices that apply to applicants for the position of air
traffic controller with the Department, the Administrator shall
provide the Air Traffic Control Education and Training Advisory
Committee established under subsection (g) and institutions of
higher education participating in the Collegiate Training
Initiative program with notice of the revision and an
opportunity to comment.''.
SEC. 3. COLLEGIATE TRAINING INITIATIVE.
Section 44506(c)(1) of title 49, United States Code, is amended--
(1) in the first sentence by striking ``may maintain'' and
inserting ``shall maintain''; and
(2) in the second sentence by striking ``may establish''
and inserting ``, in consultation with the Air Traffic Control
Education and Training Advisory Committee established under
subsection (g), shall establish''.
SEC. 4. AIR TRAFFIC CONTROL EDUCATION AND TRAINING ADVISORY COMMITTEE.
Section 44506 of title 49, United States Code, is further amended
by adding at the end the following:
``(g) Air Traffic Control Education and Training Advisory
Committee.--
``(1) Establishment.--The Administrator shall establish an
Air Traffic Control Education and Training Advisory Committee
(in this subsection referred to as the `Committee').
``(2) Duties.--The Committee shall--
``(A) provide advice and recommendations to the
Administrator about the needs, objectives, plans, and
content of air traffic controller training programs;
``(B) review the operations of the Collegiate
Training Initiative program maintained under subsection
(c)(1);
``(C) establish standardized curriculum, required
outcomes, and accreditation standards for the
Collegiate Training Initiative program; and
``(D) annually review the air traffic controller
training initiatives carried out by the Administration
and provide advice and recommendations to the
Administrator on whether such initiatives are
appropriate to meet the needs of the air traffic
controller workforce.
``(3) Membership.--
``(A) Number and appointment.--The Committee shall
be composed of 9 members appointed by the Administrator
as follows:
``(i) 2 individuals based on
recommendations of the Association of
Collegiate Training Institutions.
``(ii) 2 individuals based on
recommendations of the National Air Traffic
Controllers Association.
``(iii) 2 individuals based on
recommendations of the University Aviation
Association.
``(iv) 3 individuals selected by the
Administrator who meet the requirements of
subparagraph (B).
``(B) Qualifications.--Individuals appointed
pursuant to subparagraph (A)(iv)--
``(i) may not be employees of the Federal
Aviation Administration; and
``(ii) shall be specifically qualified to
serve on the Committee as a result of their
education, training, and experience.
``(C) Terms.--
``(i) In general.--A member shall be
appointed for a term of 2 years.
``(ii) Terms of initial appointees.--As
designated by the Administrator at the time of
appointment--
``(I) 1 of the members first
appointed under each of subparagraphs
(A)(i), (A)(ii), and (A)(iii) shall be
appointed for a term of 3 years; and
``(II) 2 of the members first
appointed under subparagraph (A)(iv)
shall be appointed for terms of 3
years.
``(D) Vacancies.--
``(i) In general.--Any member appointed to
fill a vacancy occurring before the expiration
of the term for which the member's predecessor
was appointed shall be appointed only for the
remainder of that term.
``(ii) Interim service.--A member may serve
after the expiration of that member's term
until a successor has taken office.
``(iii) Manner of appointment.--A vacancy
in the Committee shall be filled in the manner
in which the original appointment was made.
``(E) Pay; travel expenses.--Members shall serve
without pay but may receive travel expenses, including
per diem in lieu of subsistence, when attending
meetings of the Committee in accordance with applicable
provisions under subchapter I of chapter 57 of title 5.
``(F) Chairperson.--The Chairperson of the
Committee shall be elected by a majority of the
members.
``(G) Meetings.--The Committee shall meet quarterly
and may have additional meetings at the call of the
Chairperson.
``(4) Annual report.--
``(A) In general.--Not later than May 31st of each
year, the Committee shall submit to Congress and the
Administrator an annual report containing--
``(i) the findings and recommendations of
the Committee; and
``(ii) beginning with the second annual
report, an assessment of whether or not the
Administrator has complied with the Committee's
recommendations from the previous year.
``(B) FAA comments.--Not later than 60 days after
the date of submission of an annual report that
includes an assessment described in subparagraph
(A)(ii), the Administrator shall submit to Congress and
the Committee a report containing the Administrator's
written response to the assessment, including an
explanation as to why the Administrator did or did not
comply with each recommendation of the Committee.
``(5) Termination.--Section 14(a)(2)(B) of the Federal
Advisory Committee Act (5 U.S.C. App.; relating to the
termination of advisory committees) shall not apply to the
Committee.''.
SEC. 5. BEST PRACTICES FOR TRAINING AIR TRAFFIC CONTROLLERS.
Section 44506 of title 49, United States Code, is further amended
by adding at the end the following:
``(h) Best Practices for Training.--The Administrator, in
consultation with the Air Traffic Control Education and Training
Advisory Committee established under subsection (g), shall take into
consideration any locally developed training initiatives for air
traffic controllers for use in establishing best practices
nationwide.''. | Standards Addressing Federal Transparency and Oversight With Evolving Recruitment Specifications Act or the SAFE TOWERS Act - Revises Federal Aviation Administration (FAA) requirements for the hiring of air traffic controllers. Directs the FAA Administrator to give preferential consideration in the hiring of air traffic controllers to: individuals who have successfully completed air traffic controller training and graduated from an institution participating in the FAA's Collegiate Training Initiative program, and have received a recommendation from the institution; and qualified individuals eligible for a veterans recruitment appointment or qualified eligible veterans who maintain aviation experience. Directs the Administrator to revise FAA hiring practices for air traffic controller applicants with the Department of Transportation (DOT) to eliminate the use of biographical assessments or other personality tests that unduly disqualify applicants. Changes from discretionary to mandatory the Administrator's authority to maintain the Collegiate Training Initiative program. Directs the Administrator to establish an Air Traffic Control Education and Training Advisory Committee. Requires the Administrator to take into consideration any locally developed training initiatives for air traffic controllers for use in establishing best practices nationwide. | {"src": "billsum_train", "title": "SAFE TOWERS Act"} | 2,008 | 242 | 0.667533 | 1.762657 | 0.865754 | 3.316327 | 9.173469 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commodity Prices Oversight and
Transparency Act of 2008''.
SEC. 2. SENSE OF THE HOUSE ON ADDITIONAL FUNDING FOR COMMISSION.
(a) Findings.--The House of Representatives finds that--
(1) the Commodity Futures Trading Commission should further
examine whether speculators are manipulating futures market
prices to cause artificial prices that do not reflect the
legitimate forces of supply and demand;
(2) the public is concerned that trades executed on foreign
boards of trade when linked to the prices of contracts traded
on U.S. registered entities may need additional oversight;
(3) the exclusive Federal regulator of commodity futures
markets, the Commodity Futures Trading Commission, has staffing
levels that have dropped to the lowest levels in the 33-year
history of the Commission; and
(4) the acting Chairman of the Commission has said publicly
that an additional 100 employees are needed in light of the
inflow of trading volume.
(b) Sense of the House.--It is the sense of the House of
Representatives that the President should immediately send to Congress
a request for additional appropriations for fiscal year 2008 for the
Commodity Futures Trading Commission in an amount that is sufficient--
(1) to help restore public confidence in commodity futures
markets and Federal oversight of those markets;
(2) to allow the Commission to reduce the potential threat
of market manipulation or congestion by potential imposition of
position limitations for speculators should the Commission
determine the absence of position limitations for speculators
is causing an increase in the price of oil, gasoline, diesel,
and other energy commodities;
(3) to significantly improve the information technology
capabilities of the Commission to help the Commission
effectively regulate the commodity futures markets; and
(4) to fund at least 100 new full-time positions at the
Commission to regulate commodity futures market transactions
and to enforce the Commodity Exchange Act (7 U.S.C. 1 et seq.).
SEC. 3. ADDITIONAL COMMISSION EMPLOYEES FOR IMPROVED ENFORCEMENT.
Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 2(a)(7)) is
amended by adding at the end the following:
``(D) Additional employees.--Contingent on
sufficient appropriations, as soon as practicable after
the date of enactment of this subparagraph, the
Commission shall appoint additional full-time employees
(in addition to the employees employed by the
Commission as of the date of enactment of this
subparagraph)--
``(i) to increase the public transparency
of operations in commodity futures markets;
``(ii) to improve the enforcement of this
Act in those markets; and
``(iii) to carry out such other duties as
are prescribed by the Commission.''.
SEC. 4. ACCOUNTABILITY AND TRANSPARENCY FOR CONTRACTS TRADING ON
FOREIGN BOARDS OF TRADE.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by
adding at the end the following:
``(e) Foreign Boards of Trade.--
``(1) Whenever a foreign board of trade lists for trading a
contract of sale of a commodity for future delivery (or related
option) which, by its terms, settles against the price of any
contract or contracts traded on a registered entity and the
Commission determines that it is necessary or appropriate to
enhance and coordinate market surveillance and regulatory
oversight with respect to trading on the registered entity and
the foreign board of trade, the Commission shall contact the
foreign board of trade's applicable foreign futures authority
to discuss, adopt, and implement mutually acceptable, enhanced
procedures and processes for preventing market manipulation or
congestion and ensuring coordinated market surveillance.
``(2) Whenever a registered entity lists for trading a
contract of sale of a commodity for future delivery (or related
option) which, by its terms, settles against the price of any
contract or contracts in a commodity traded on a foreign board
of trade and the foreign futures authority that regulates such
foreign board of trade determines that it is necessary or
appropriate to enhance and coordinate market surveillance and
regulatory oversight with respect to trading on the registered
entity and the foreign board of trade, the Commission shall
cooperate with any reasonable request from the foreign futures
authority to discuss, adopt, and implement mutually acceptable,
enhanced procedures and processes for preventing market
manipulation or congestion and ensuring coordinated market
surveillance.
``(3) When it is determined necessary or appropriate to
enhance and coordinate market surveillance and regulatory
oversight under paragraphs (1) or (2) of this subsection, the
Commission shall discuss with the applicable foreign futures
authority whether, among other processes for preventing market
manipulation or congestion and ensuring coordinated market
surveillance to be agreed to by the Commission and the foreign
futures authority, it is necessary and appropriate to provide
for--
``(A) a foreign board of trade or registered entity
to make public daily information on settlement prices,
volume, open interest, and opening and closing ranges
for the agreement, contract or transaction that is
comparable to the daily trading information made public
for the contract against which it settles;
``(B) position limitations (including provisions
allowing for exemptions for bona fide hedging
transactions or positions) or position accountability
for speculators for the agreement, contract, or
transaction that are comparable to the position
limitations (including provisions allowing for
exemptions for bona fide hedging transactions or
positions) or position accountability for the contract
or contracts against which it settles;
``(C) the foreign board of trade (or its foreign
futures authority) or registered entity to provide
information to the Commission or foreign futures
authority regarding large trader positions in the
agreement, contract, or transaction that is comparable
to the large trader position information collected by
the foreign futures authority or Commission for the
contract or contracts against which it settles; or
``(D) the foreign board of trade or registered
entity to provide information to the Commission or
foreign futures authority regarding the extent of
trading by bona fide hedgers and other types of traders
in the agreement, contract, or transaction that is
comparable to the information collected by the foreign
futures authority or Commission for the contract or
contracts against which it settles.''.
SEC. 5. LIABLITY OF REGISTERED PERSONS TRADING ON A FOREIGN BOARD OF
TRADE.
(a) Section 4(a) of the Commodity Exchange Act (7 U.S.C. 6(a)) is
amended by inserting ``or by subsection (f)'' after the phrase ``Unless
exempted by the Commission pursuant to subsection (c)''.
(b) Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is further
amended by adding at the end the following:
``(f) No person registered with the Commission, or exempt from
registration by the Commission, under this Act may be found to violate
subsection (a) if such person has reason to believe the contract of
sale of a commodity for future delivery is made on or subject to the
rules of a board of trade that is legally organized under the laws of a
foreign country, authorized to act as a board of trade by a foreign
futures authority, subject to regulation by such foreign futures
authority, and has not been determined by the Commission to be
operating in violation of subsection (a).''.
SEC. 6. CONTRACT ENFORCEMENT FOR FOREIGN FUTURES CONTRACTS.
Section 22(a) of the Commodity Exchange Act (7 U.S.C. 25(a)) is
amended by adding at the end the following:
``(5) No contract of sale of a commodity for future
delivery traded or executed on or through the facilities of a
board of trade, exchange, or market located outside the United
States for purposes of section 4(a) shall be void, voidable, or
unenforceable and no party to such contract shall be entitled
to rescind or recover any payments made with respect to such
contract based upon the failure of the foreign board of trade
to comply with any provision of this Act.''.
SEC. 7. DISAGGREGATION OF INDEX FUNDS AND OTHER DATA IN COMMODITY
MARKETS.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is further
amended by adding at the end the following:
``(g) Index Traders and Swap Dealers; Disaggregation of Index
Funds.--
``(1) Reporting.--The Commission shall--
``(A) issue a proposed rule regarding routine
reporting requirements for index traders and swap
dealers (as those terms are defined by the Commission)
in futures markets for exempt and agricultural
commodities not later than 180 days after the date of
enactment of this subsection, and issue a final rule
regarding such reporting not later than 270 days after
the date of enactment of this subsection; and
``(B) subject to the provisions of section 8,
disaggregate and make public monthly information on the
positions and value of index funds and other passive
positions (as that term is defined by the Commission)
where such positions are material to a commodity
futures or options markets.
``(2) Report.--The Commission shall, at such intervals as
the Commission determines necessary to provide current
information and recommendations that will further congressional
oversight of the futures markets, submit a report to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate regarding--
``(A) the scope of commodity index trading in the
futures market;
``(B) whether, and if so how, classification of
index traders and swap dealers in the future markets
can be improved for published Commission reports and
other regulatory purposes; and
``(C) whether, based on review of the trading
practices for index traders in the futures markets--
``(i) index trading activity is adversely
affecting the price discovery process in the
futures markets; and
``(ii) different practices and controls
should be required to protect the price
discovery process.''. | Commodity Prices Oversight and Transparency Act of 2008 - Expresses the sense of the House of Representatives that the President should immediately send to Congress a request for additional appropriations for FY2008 for the Commodity Futures Trading Commission (CFTC) to: (1) help restore public confidence in commodity futures markets and federal oversight of those markets; (2) allow the CFTC to reduce the potential threat of market manipulation or congestion by potential imposition of position limitations for speculators should the CFTC determine the absence of position limitations for speculators is causing an increase in the price of oil, gasoline, diesel, and other energy commodities; (3) improve its information technology capabilities significantly; and (4) fund at least 100 new full-time positions to regulate such markets.
Amends the Commodity Exchange Act (Act) to direct the CFTC to appoint additional full-time employees.
Directs the CFTC to take specified steps to enforce and promote accountability and transparency for contracts trading on foreign boards of trade.
Shields from liability certain persons trading on a legally organized foreign board of trade.
States that no contract of sale of a commodity for future delivery transacted through the facilities of a board of trade, exchange, or market located outside the United States shall be void, voidable, or unenforceable, and no party to such contract shall be entitled to rescind or recover any payments made with respect to such contract based upon the noncompliance of the foreign board of trade with such Act.
Requires the CFTC to: (1) issue a proposed rule governing reporting requirements for index traders and swap dealers in futures markets for exempt and agricultural commodities; (2) disaggregate and make public monthly information on the positions and value of index funds and other passive positions material to a commodity futures or options markets; and (3) report to certain congressional committees on the scope of commodity index trading in the futures market, including whether such trading adversely affects price discovery in the futures markets. | {"src": "billsum_train", "title": "To provide additional oversight and transparency to the commodity futures markets by authorizing greater resources and authority for the Commodity Futures Trading Commission, and for other purposes."} | 2,230 | 436 | 0.67881 | 2.134418 | 0.79497 | 5.461333 | 5.458667 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Give Fans a Chance Act of 2011''.
SEC. 2. AMENDMENT TO ANTITRUST EXEMPTION.
The Act of September 30, 1961 (Public Law 87-331; 15 U.S.C. 1291 et
seq.), is amended by adding at the end the following:
``SEC. 7. CONDITIONAL APPLICATION OF ACT.
``(a) Inapplicability.--This Act shall not apply to a league of
clubs of a professional sport for any period during which any member
club of such league is--
``(1) subject to such league's requirement, or to an
agreement made by 2 or more member clubs of such league, that
forbids any of such clubs to transfer (by sale or otherwise) an
ownership interest of any kind in such club to any governmental
entity or to members of the general public; or
``(2) not in compliance with subsection (b) or (c).
``(b) Notice of Proposed Change in Community; Opportunities To
Respond to Proposed Relocation or Elimination.--
``(1) In general.--A member club that proposes to relocate,
or a league that proposes to relocate or eliminate a member
club, out of a community in the home territory of the member
club shall furnish notice of such proposed relocation or
elimination not later than 180 days before the commencement of
the season in which the club is to play home games in the
proposed new location.
``(2) Persons entitled to receive notice.--The notice
required by paragraph (1) shall be furnished to all interested
persons.
``(3) Requirements.--The notice shall--
``(A) be in writing and delivered in person or by
certified mail;
``(B) be made available to the news media;
``(C) be published in 1 or more newspapers of
general circulation within the club's home community;
and
``(D) contain--
``(i) an identification of the proposed new
home community of such club if applicable;
``(ii) a summary of the reasons for the
proposed relocation or elimination based on the
criteria listed in subsection (c); and
``(iii) the date on which the proposed
relocation or elimination would become
effective.
``(4) Opportunity to offer to purchase.--
``(A) In general.--During the 180-day notice period
specified in paragraph (1), a local government,
stadium, arena authority, person, or any combination
thereof, may prepare and present a proposal to purchase
the club to retain the club in the home community.
``(B) Membership in league.--If a bid under
subparagraph (A) is successful, the league of which the
club is a member shall not prohibit the club's
membership in the league on the basis that the club is
owned in whole or in part by several persons or
entities, or by 1 or more local governments.
``(5) Opportunity to induce club to stay.--During the 180-
day notice period specified in paragraph (1), the club (and the
league of which the club is a member) shall give a local
government, stadium authority, person, or any combination
thereof, the opportunity to prepare and present a proposal to
induce the club to remain in its home community.
``(6) Response.--The response of the owner of the club to
any offer made under paragraph (4) or (5) shall--
``(A) be in writing and delivered in person or by
certified mail; and
``(B) state in detail the reasons for refusal of
any bona fide offer.
``(7) Determination by league.--
``(A) In general.--The league of which the club is
a member shall make a determination, before the
expiration of the 180-day notice period specified in
paragraph (1), with respect to the relocation or
elimination of the club out of its home community.
``(B) Hearings.--In making a determination under
this paragraph, the league shall conduct a hearing at
which interested persons are afforded an opportunity to
present oral or written testimony regarding the
proposed relocation or elimination of the club. The
league shall keep a record of all such proceedings.
``(C) Consideration of proposals.--The league shall
take into account any inducement proposal that is
offered under paragraph (5).
``(8) Considerations.--In determining whether to approve or
disapprove the relocation or elimination of the club, the
league shall take into consideration the criteria listed in
subsection (c).
``(c) Criteria for Relocation or Elimination Decisions.--
Notwithstanding any other law, before making a decision to approve or
disapprove the relocation or elimination of a club out of its home
community, the league of which such club is a member shall take into
consideration--
``(1) the extent to which fan loyalty to and support for
the club has been demonstrated during the club's operation in
such community;
``(2) the degree to which the club has engaged in good
faith negotiations with appropriate persons concerning terms
and conditions under which the club would continue to play home
games in such community or elsewhere within the club's home
territory;
``(3) the degree to which the ownership or management of
the club has contributed to any circumstances that might
demonstrate the need for the relocation or elimination;
``(4) the extent to which the club, directly or indirectly,
received public financial support by means of any publicly
financed playing facility, special tax treatment, or any other
form of public financial support;
``(5) the adequacy of the stadium in which the club played
its home games in the previous season, and the willingness of
the stadium, arena authority, or local government to remedy any
deficiencies in the facility;
``(6) whether the club has incurred net operating losses,
exclusive of depreciation and amortization, sufficient to
threaten the continued financial viability of the club;
``(7) whether any other club in the league is located in
the same home community;
``(8) whether the club proposes to relocate to a community
that is the home community of another member club of the
league;
``(9) whether the stadium authority, if public, is opposed
to the proposed relocation or elimination; and
``(10) whether there is a bona fide investor offering fair
market value for the club and seeking to retain the club in
such community.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendment made by this Act shall take effect on
the first day of the first month beginning more than 180 days after the
date of the enactment of this Act. | Give Fans a Chance Act of 2011 - Provides that the existing antitrust exemption for agreements covering the telecasting of sports contests and the combining of professional football leagues shall not apply to a professional sport league for any period during which any member club is: (1) subject to a league requirement, or to an agreement made by two or more member clubs, that forbids any club from transferring an ownership interest to any governmental entity or to members of the general public; or (2) not in compliance with the following provisions of this Act.
Requires a member club that proposes to relocate out of a community in the home territory of that club, or a league that proposes to relocate or eliminate a member club, to furnish notice to all interested parties not later than 180 days before the commencement of the season in which the club is to play home games in the proposed new location.
Authorizes a local government, stadium, arena authority, person, or any combination thereof, during such notice period, to present a proposal to purchase the club to retain it in the home community. Requires the club and the league, during such period, to give such entities the opportunity to present a proposal to induce the club to remain in its home community. Requires the club owner to reply in writing to any such proposal and to specify the reasons for refusal of any bona fide offer.
Requires the league, before the expiration of such notice period, to make a determination regarding the relocation or elimination of the club, after considering specified criteria, including: (1) the extent to which fan loyalty to and support for the club has been demonstrated; (2) the degree to which club ownership or management has contributed to any circumstances that might demonstrate the need for the relocation or elimination; (3) whether the stadium authority, if public, is opposed to the proposed relocation or elimination; and (4) whether there is a bona fide investor offering fair market value for the club and seeking to retain the club in that community.
Prohibits denying a club membership in a league on the basis that the club is owned by several persons or entities or by one or more local governments. | {"src": "billsum_train", "title": "To amend the Act of September 30, 1961, to limit the antitrust exemption applicable to broadcasting agreements made by leagues of professional sports, and for other purposes."} | 1,445 | 464 | 0.704095 | 2.066091 | 0.822336 | 5.542453 | 3.346698 | 0.933962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Target Practice and Marksmanship
Training Support Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to facilitate the construction and
expansion of public target ranges, including ranges on Federal land
managed by the Forest Service and the Bureau of Land Management.
SEC. 3. DEFINITION OF PUBLIC TARGET RANGE.
In this Act, the term ``public target range'' means a specific
location that--
(1) is identified by a governmental agency for recreational
shooting;
(2) is open to the public;
(3) may be supervised; and
(4) may accommodate archery or rifle, pistol, or shotgun
shooting.
SEC. 4. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) the term `public target range' means a specific
location that--
``(A) is identified by a governmental agency for
recreational shooting;
``(B) is open to the public;
``(C) may be supervised; and
``(D) may accommodate archery or rifle, pistol, or
shotgun shooting;''.
(b) Expenditures for Management of Wildlife Areas and Resources.--
Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669g(b)) is amended--
(1) by striking ``(b) Each State'' and inserting the
following:
``(b) Expenditures for Management of Wildlife Areas and
Resources.--
``(1) In general.--Except as provided in paragraph (2),
each State'';
(2) in paragraph (1) (as so designated), by striking
``construction, operation,'' and inserting ``operation'';
(3) in the second sentence, by striking ``The non-Federal
share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(4) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(4) Regulations.--The Secretary''; and
(5) by inserting after paragraph (1) (as designated by
paragraph (1)) the following:
``(2) Exception.--Notwithstanding the limitation described
in paragraph (1), a State may pay up to 90 percent of the cost
of acquiring land for, expanding, or constructing a public
target range.''.
(c) Firearm and Bow Hunter Education and Safety Program Grants.--
Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669h-1) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Allocation of additional amounts.--Of the amount
apportioned to a State for any fiscal year under section 4(b),
the State may elect to allocate not more than 10 percent, to be
combined with the amount apportioned to the State under
paragraph (1) for that fiscal year, for acquiring land for,
expanding, or constructing a public target range.'';
(2) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activity carried out using a
grant under this section shall not exceed 75 percent of the
total cost of the activity.
``(2) Public target range construction or expansion.--The
Federal share of the cost of acquiring land for, expanding, or
constructing a public target range in a State on Federal or
non-Federal land pursuant to this section or section 8(b) shall
not exceed 90 percent of the cost of the activity.''; and
(3) in subsection (c)(1)--
(A) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), amounts made''; and
(B) by adding at the end the following:
``(B) Exception.--Amounts provided for acquiring
land for, constructing, or expanding a public target
range shall remain available for expenditure and
obligation during the 5-fiscal-year period beginning on
October 1 of the first fiscal year for which the
amounts are made available.''.
SEC. 5. SENSE OF CONGRESS REGARDING COOPERATION.
It is the sense of Congress that, consistent with applicable laws
(including regulations), the Chief of the Forest Service and the
Director of the Bureau of Land Management should cooperate with State
and local authorities and other entities to carry out waste removal and
other activities on any Federal land used as a public target range to
encourage continued use of that land for target practice or
marksmanship training. | Target Practice and Marksmanship Training Support Act This bill amends the Pittman-Robertson Wildlife Restoration Act to facilitate the construction and expansion of public target ranges by: (1) authorizing a state to pay up to 90% of the costs of acquiring land for, expanding, or constructing a public target range; (2) authorizing a state to elect to allocate 10% of a specified amount apportioned to it from the federal aid to wildlife restoration fund for those costs; (3) limiting the federal share of those costs under such Act to 90%; and (4) requiring amounts provided for those costs under such Act to remain available for expenditure and obligation for five fiscal years. The bill urges the Forest Service and the Bureau of Land Management to cooperate with state and local authorities and other entities to carry out waste removal and other activities on any federal land used as a public target range to encourage its continued use for target practice or marksmanship training. | {"src": "billsum_train", "title": "Target Practice and Marksmanship Training Support Act"} | 1,158 | 201 | 0.610849 | 1.792438 | 0.807085 | 4.576087 | 5.711957 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandatory Prison Work and Drug
Testing Act of 2003''.
SEC. 2. MANDATORY WORK REQUIREMENT FOR FEDERAL INMATES.
Section 2905 of the Crime Control Act of 1990 (18 U.S.C. 4121 note)
is amended by adding at the end the following:
``(b) 50 Hour Workweek.--
``(1) In general.--Subject to subsection (a), inmates
confined in Federal prisons shall engage in--
``(A) work, for not less than 50 hours weekly;
``(B) job-training; and
``(C) educational and life skills preparation
study.
``(2) Nonprofits.--The services of inmates confined in
Federal prisons may be made available to nonprofit entities to
carry out the business or other functions of that nonprofit
entity.
``(3) Use of wages.--
``(A) In general.--Wages may be earned by inmates
engaged in the 50 hour work week program under
paragraph (1), and of those wages--
``(i) one fourth shall be used to offset
the cost of incarceration of the inmate;
``(ii) one fourth shall be used for victim
restitution;
``(iii) one tenth shall be held in a non-
interest bearing account for the individual
inmate and shall be paid upon release of that
inmate from prison;
``(iv) one fourth shall be paid directly to
the inmate for mandatory expenses and for daily
basic needs while the inmate is incarcerated;
and
``(v) the remainder shall be distributed
to--
``(I) States that the Attorney
General determines have substantially
the same prison work requirements and
prison conditions as established for
Federal prisons; and
``(II) local jurisdictions that
operate correctional facilities to
benefit the dependents of inmates.
``(B) Noneligibility for release.--If an inmate is
not eligible for release, the amount held under
subparagraph (A)(iii) shall immediately be available
for use under subparagraph (A)(ii).''.
SEC. 3. FEDERAL PRISONS.
(a) Zero Tolerance Policy for Drug Use.--There shall be established
a zero tolerance policy for drug use in the Federal prison system,
which shall include--
(1) not less than 12 times each year, random drug testing
of inmates and routine sweeps and inspections for drugs and
other contraband in prison cells;
(2) mandatory drug testing of a prison employee upon the
hiring of that employee;
(3) not less than 2 times each year, random drug testing of
all prison employees;
(4) mandatory drug testing of an inmate upon release of
that inmate from prison;
(5) prison disciplinary actions and criminal prosecution
for the possession or use of any drugs in any Federal prison;
and
(6) residential drug treatment programs for all inmates.
(b) Prison Conditions.--The Bureau of Prisons shall ensure that
Federal prisoners do not--
(1) smoke, use, or possess any type of tobacco;
(2) possess, view, or read pornographic or sexually
explicit materials;
(3) possess microwave ovens, hot plates, toaster ovens,
televisions (unless provided by the prison for group viewing),
or video cassette recorders (VCRs);
(4) possess or listen to music which contains lyrics that
are violent, sexually explicit, vulgar, glamorize gang
membership or activities, demean women, or disrespect law
enforcement;
(5) view cable television which is not educational in
nature; and
(6) engage in sexual activity.
SEC. 4. DRUG-FREE STATE PRISONS AND LOCAL JAILS INCENTIVE GRANTS.
Subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13701 et seq.) is amended by adding
at the end the following:
``SEC. 20113. DRUG-FREE PRISONS AND JAILS BONUS GRANTS.
``(a) In General.--The Attorney General shall make incentive grants
in accordance with this section to eligible States and units of local
government in order to establish drug-free prisons and jails.
``(b) Reservation of Funds.--Notwithstanding any other provision of
this subtitle, in each fiscal year, before making the allocations under
sections 20106 and 20108(a)(2), or the reservation under section 20109,
the Attorney General shall reserve 10 percent of the amount made
available to carry out this subtitle for grants under this section.
``(c) Eligibility.--
``(1) In general.--To be eligible to receive a grant under
this section, a State or unit of local government shall
establish within 12 months of the initial submission of an
application for a grant under this section, a program for drug-
free prisons and jails within the jurisdiction of that State or
unit of local government.
``(2) Contents of program or policy.--The drug-free prisons
and jails program established under paragraph (1) shall
include--
``(A) a zero-tolerance policy for drug use or
presence in State or local facilities, including, not
less than 12 times each year, random drug testing of
inmates and routine sweeps and inspections for drugs
and other contraband in prison and jail cells;
``(B) prison disciplinary actions and criminal
prosecution for the possession or use of any drugs in
any prison or jail;
``(C) mandatory drug testing of a prison or jail
employee upon the hiring of that employee;
``(D) not less than 2 times each year, random drug
testing of all prison and jail employees;
``(E) mandatory drug testing of all inmates upon
intake and upon release from incarceration; and
``(F) residential drug treatment programs for all
inmates.
``(d) Application.--In order to be eligible to receive a grant
under this section, a State or unit of local government shall submit to
the Attorney General an application, in such form and containing such
information, including rates of positive drug tests among inmates upon
intake and release from incarceration, as the Attorney General may
reasonably require.
``(e) Use of Funds.--Amounts received by a State or unit of local
government from a grant under this section may be used--
``(1) to implement the program established under subsection
(c); or
``(2) for any other purpose permitted by this subtitle.
``(f) Allocation of Funds.--Grants awarded under this section shall
be in addition to any other grants a State or unit of local government
may be eligible to receive under this subtitle or under part S of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796ff et seq.).
``(g) Authorization of Appropriations.--In addition to amounts
allocated under this subtitle, there are authorized to be appropriated
to carry out this section $50,000,000 for each of fiscal years 2004
through 2006.''.
SEC. 5. BOOT CAMP REQUIREMENT.
Section 4046 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``The Bureau of Prisons may'' and
inserting ``Except as provided in subsection (d), the
Bureau of Prisons shall''; and
(B) by striking ``of more than 12'' and all that
follows through the end of such subsection and
inserting a period;
(2) in subsection (b), by striking ``not to exceed 6
months'' and inserting ``which shall be not less than 4
weeks''; and
(3) by adding at the end the following:
``(d) An inmate who, in the judgment of the Bureau of Prisons,
either does not successfully complete the required period of shock
incarceration or is physically or mentally unfit to participate in the
activities required by shock incarceration, shall be--
``(1) confined to that inmate's cell for not less than 23
hours each day during the portion of the term of imprisonment
that would otherwise be spent in shock incarceration; and
``(2) be granted only those privileges that are required by
law.''. | Mandatory Prison Work and Drug Testing Act of 2003 - Amends the Crime Control Act of 1990 to require inmates confined in Federal prisons to engage in: (1) work for not less than 50 hours weekly; (2) job training; and (3) educational and life skills preparation study. Allows the services of inmates to be made available to nonprofit entities.Prescribes the portions of an inmate's earned wages to be allocated to offset the cost of incarceration, for victim restitution, to be held for the inmate until release in a non-interest bearing account, to be paid directly to the inmate for mandatory expenses and daily basic needs while incarcerated, and to be distributed to certain States and local jurisdictions.Requires: (1) the establishment of a zero tolerance policy for drug use in the Federal prison system, including random drug testing of inmates and prison employees, routine sweeps for contraband, and residential drug treatment programs for all inmates; and (2) the Bureau of Prisons to ensure that Federal prisoners do not use or possess tobacco, possess or view sexually explicit materials, possess televisions (unless provided by the prison for group viewing), listen to music containing violent or certain other types of lyrics, view cable television which is not educational, and engage in sexual activity.Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct the Attorney General to make incentive grants to eligible States and local governments to establish drug-free prisons and jails.Requires the Bureau of Prisons to place in a shock incarceration program any person who is sentenced to a term of imprisonment (current law permits program placement for a consenting person sentenced to imprisonment for 12 to 30 months). | {"src": "billsum_train", "title": "A bill to require a 50 hour workweek for Federal prison inmates and to establish a grant program for mandatory drug testing, and for other purposes."} | 1,845 | 370 | 0.621966 | 1.863468 | 0.834005 | 3.633846 | 5.236923 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent Trafficking in Cultural
Property Act''.
SEC. 2. DEFINITION.
In this Act, the term ``cultural property'' includes property
covered under--
(1) Article 1 of the Convention for the Protection of
Cultural Property in the Event of Armed Conflict, done at The
Hague on May 14, 1954 (Treaty Doc. 106-1(A)) (commonly referred
to as the ``Hague Convention''); or
(2) Article 1 of the Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export, and Transfer of
Ownership of Cultural Property, done at Paris November 14,
1970.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) ensure the components of the Department of Homeland
Security enhance and unify efforts to--
(A) interdict, detain, seize, and investigate
cultural property illegally imported into the United
States;
(B) disrupt and dismantle smuggling and trafficking
networks and transnational criminal organizations
engaged in, conspiring to engage in, or facilitating
illegal trade in cultural property, including stolen
antiquities used to finance terrorism; and
(C) support offices of United States Attorneys in
prosecuting persons engaged in, conspiring to engage
in, or facilitating illegal trade in cultural property;
and
(2) protect cultural property pursuant to its obligations
under the Convention for the Protection of Cultural Property in
the Event of Armed Conflict, the Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export, and
Transfer of Ownership of Cultural Property, and the Convention
on Cultural Property Implementation Act (19 U.S.C. 2601 et
seq.).
SEC. 4. ACTIVITIES OF THE DEPARTMENT OF HOMELAND SECURITY.
The Commissioner of U.S. Customs and Border Protection and the
Director of U.S. Immigration and Customs Enforcement shall--
(1) designate a principal coordinator within U.S. Customs
and Border Protection and U.S. Immigration and Customs
Enforcement, respectively, to direct, manage, coordinate, and
update their respective policies and procedures, as well as
conduct interagency communications, regarding illegally
imported cultural property;
(2) update existing directives, regulations, rules, and
memoranda of understanding of U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement,
respectively, and, if necessary, devise additional directives,
regulations, rules, and memoranda of understanding, relating to
policies and procedures on the illegal importation of cultural
property in order to--
(A) reflect changes in cultural property law,
including changes and updates to relevant treaties,
bilateral agreements, statutes, regulations, and case
law that occurred subsequent to Customs Directive No.
5230-015, entitled ``Customs Directive on Detention and
Seizure of Cultural Property'' and dated April 18,
1991;
(B) emphasize investigating, and providing support
for investigations and prosecutions, of persons engaged
in, conspiring to engage in, or facilitating the
illegal importation of cultural property, including
smugglers, dealers, buyers, money launderers, and any
other appropriate parties; and
(C) provide for communication and coordination
between relevant offices of U.S. Customs and Border
Protection and U.S. Immigration and Customs
Enforcement, respectively, in investigating and
supporting prosecutions of persons engaged in,
conspiring to engage in, or facilitating the illegal
importation of cultural property; and
(3) ensure relevant personnel within U.S. Customs and
Border Protection and U.S. Immigration and Customs Enforcement,
respectively, receive sufficient training in--
(A) relevant cultural property laws;
(B) the identification of cultural property that is
at greatest risk of looting and trafficking; and
(C) methods of interdiction and investigative
techniques specifically related to illegal trade in
cultural property.
SEC. 5. ROLE OF THE SMITHSONIAN INSTITUTION.
The Secretary of Homeland Security shall ensure that the heads of
all components of the Department of Homeland Security involved in
cultural property protection activities are authorized to enter into
agreements or memoranda of understanding with the Smithsonian
Institution to temporarily engage personnel from the Smithsonian
Institution for the purposes of furthering such cultural property
protection activities.
SEC. 6. REPORT.
Not later than 1 year after the date of the enactment of this Act
and 3 years thereafter, the Commissioner of U.S. Customs and Border
Protection and the Commissioner of U.S. Immigration and Customs
Enforcement shall jointly submit to the Committee on Ways and Means and
the Committee on Homeland Security of the House of Representatives and
the Committee on Finance and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on--
(1) the progress of the implementation of this Act; and
(2) other actions to enhance and unify efforts to
interdict, detain, seize, and investigate cultural property
illegally imported into the United States, and investigate,
disrupt, and dismantle smuggling and trafficking networks
engaged in, conspiring to engage in, or facilitating the
illegal importation of cultural property. | Prevent Trafficking in Cultural Property Act This bill declares that it is U.S. policy to: (1) ensure that Department of Homeland Security (DHS) components enhance and unify their efforts to interdict, detain, seize, and investigate cultural property illegally imported into the United States, disrupt and dismantle smuggling and trafficking networks engaged in or facilitating illegal trade in cultural property, and support prosecutions of persons engaged in such illegal trade; and (2) protect cultural property pursuant to obligations under international conventions. It directs the U.S. Customs and Border Protection (CBP) and the U.S. Immigration and Customs Enforcement (ICE) to: (1) designate a principal coordinator to direct, manage, coordinate, and update policies and procedures, and conduct interagency communications, regarding illegally imported cultural property; (2) update and devise directives, regulations, rules, and memoranda of understanding relating to policies and procedures on the illegal importation of cultural property; and (3) train relevant personnel on cultural property laws, identification of at-risk items, and investigative techniques with respect to illegally traded cultural property. DHS must authorize relevant component heads to enter into agreements or memoranda of understanding with the Smithsonian Institution to further activities to protect cultural property. The CBP and ICE must jointly report to Congress on implementation of this bill and other actions to prevent the illegal importation of cultural property into the United States. | {"src": "billsum_train", "title": "Prevent Trafficking in Cultural Property Act"} | 1,140 | 314 | 0.719482 | 2.258928 | 0.926603 | 3.958333 | 3.867424 | 0.905303 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Surety Bond Opportunity Act''.
SEC. 2. EQUAL SURETY BOND OPPORTUNITY REQUIREMENTS.
(a) Activities Constituting Discrimination.--It shall be unlawful
for any surety to discriminate against any applicant, with respect to
any aspect of a surety bond transaction--
(1) on the basis of race, color, religion, national origin,
sex, marital status, sexual orientation, disability, or age (if
the applicant has the capacity to contract);
(2) because the applicant has in good faith exercised any
right under this Act;
(3) because the applicant previously obtained a bond
through an individual or personal surety; or
(4) because the applicant previously obtained a bond
through--
(A) any bonding assistance program expressly
authorized by law;
(B) any bonding assistance program administered by
a nonprofit organization for its members or an
economically disadvantaged class of persons; or
(C) any special purpose bonding program offered by
a profit-making organization to meet special needs.
(b) Activities Not Constituting Discrimination.--It shall not
constitute discrimination for purposes of this Act for a surety--
(1) to make an inquiry of marital status if such inquiry is
for the purpose of ascertaining the surety's rights and
remedies applicable to the granting of a bond and not to
discriminate in a determination of bondability;
(2) to make an inquiry of the applicant's age if such
inquiry is for the purpose of determining the amount and
probable continuance of bondability; or
(3) to make an inquiry as to where the applicant has
previously obtained a bond, in order to determine bonding
history, or other pertinent element of bondability, except that
an applicant may not be assigned a negative factor or value
because the applicant previously obtained a bond through--
(A) an individual or personal surety;
(B) a bonding assistance program expressly
authorized by law;
(C) any bonding program administered by a nonprofit
organization for its members or an economically
disadvantaged class of persons; or
(D) any special purpose bonding program offered by
a profit-making organization to meet special needs.
(c) Additional Activities Not Constituting Discrimination.--It is
not a violation of this Act for a surety to refuse to issue a bond
pursuant to--
(1) any bonding assistance program authorized by law for an
economically disadvantaged class of persons;
(2) any bonding assistance program administered by a
nonprofit organization for its members or an economically
disadvantaged class of persons; or
(3) any special purpose bonding program offered by a
profit-making organization to meet special needs;
if such refusal is required by or made pursuant to such program.
(d) Reasons for Adverse Action; Procedure Applicable; Definition.--
(1) Notice required.--
(A) In general.--Except as provided in subparagraph
(B), any surety approved under section 9304 of title
31, United States Code, shall notify an applicant of
the surety's action on a completed application before
the end of the 10-day period beginning on the date the
application is filed with the surety.
(B) Extension.--The 10-day period referred to in
subparagraph (A) may be extended an additional 10 days
if the surety has not issued a bond to the applicant
during the 1-year period ending on the date the
application is filed with the surety.
(2) Statement of reasons.--
(A) In general.--Each applicant against whom
adverse action is taken shall be entitled to a
statement of reasons for such action from the surety.
(B) Acceptable forms of statement.--A surety
satisfies the requirement established under
subparagraph (A) by--
(i) providing a statement of reasons in
writing as a matter of course to applicants
against whom adverse action is taken; or
(ii) giving written notification of adverse
action which discloses--
(I) the applicant's right to a
statement of reasons within 30 days
after receipt by the surety of a
request made within 60 days after such
notification; and
(II) the identity of the person or
office from which such statement may be
obtained.
(C) Oral statement permitted.--Such statement may
be given orally if the written notification advises the
applicant of the applicant's right to have the
statement of reasons confirmed in writing on written
request.
(3) Specificity of reasons.--A statement of reasons meets
the requirements of this Act only if it contains specific
reasons for the adverse action taken.
(4) Applicability in case of 3d party applications.--In the
case of a request to a surety by a third party to issue a bond
directly or indirectly to an applicant, the notification and
statement of reasons required by this section may be made
directly by such surety, or indirectly through the third party,
if the identity of the surety is disclosed to the applicant.
(5) Applicability in case of sureties which accept few
applications.--The requirements of paragraph (2), (3), or (4)
may be satisfied by oral statements or notifications in the
case of any surety who did not act on more than 100
applications during the calendar year in which the adverse
action is taken.
(e) Adverse Action Defined.--For purposes of this Act, the term
``adverse action''--
(1) means a denial of a bond, a change in the terms of an
existing bonding arrangement, or a refusal to issue a bond in
the amount or on substantially the terms requested; and
(2) does not include any refusal to issue an additional
bond under an existing bonding arrangement where the applicant
is in default, or where such additional bond would exceed a
previously established bonding limit.
SEC. 3. CIVIL LIABILITY.
(a) Damages.--Any surety who fails to comply with section 2(a)
shall be liable to the aggrieved applicant for--
(1) any actual damage sustained by such applicant
(individually or as a member of a class); and
(2) in the case of any successful action under this
section, the costs of the action, together with reasonable
attorney's fees as determined by the court.
(b) Equitable Relief.--Upon application by an aggrieved applicant,
a court of competent jurisdiction may enjoin a surety from violating
the requirements of this Act or grant such other equitable relief as
the court determines to be appropriate to enforce such requirements.
(c) Jurisdiction.--Any action under this section may be brought in
any United States district court, or in any other court of competent
jurisdiction, within 1 year after the date of the occurrence of the
violation involved.
SEC. 4. ADMINISTRATIVE ENFORCEMENT.
(a) In General.--A company may not be approved as a surety by the
Secretary of the Treasury under section 9304 of title 31, United States
Code, or provide any surety bond pursuant to such section unless such
company maintains full compliance with the requirements of this Act.
(b) Requirements Relating to Enforceability of Act.--
(1) Signed statement of compliance with application.--
Section 9305(a) of title 31, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) a statement of compliance with the Equal Surety Bond
Opportunity Act which is signed under penalty of perjury by the
president and the secretary of the corporation.''.
(2) Compliance as a condition for approval of
application.--Section 9305(b) of title 31, United States Code,
is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) the corporation is in full compliance with the Equal
Surety Bond Opportunity Act.''.
(3) Signed statement of compliance with quarterly
reports.--Section 9305(c) of title 31, United States Code, is
amended by inserting ``and a statement of compliance with the
Equal Surety Bond Opportunity Act'' before the period.
(4) Enforcement authority of secretary of the treasury.--
Section 9305(d) of title 31, United States Code, is amended--
(A) in paragraph (1), by inserting ``or the
provisions of the Equal Surety Bond Opportunity Act''
before the semicolon;
(B) by striking ``and'' at the end of paragraph
(2);
(C) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(4) may, after the end of the 1-year period beginning on
the effective date of any revocation under paragraph (1) of the
authority of a surety corporation for noncompliance with the
Equal Surety Bond Opportunity Act, reauthorize such corporation
to provide surety bonds under section 9304.''.
(5) Revocation for failure to pay certain judgments.--
Section 9305(e) of title 31, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) the corporation does not pay a final judgment or
order against the corporation for noncompliance with the Equal
Surety Bond Opportunity Act or fails to comply with any order
under section 3(c) of such Act;''.
(c) Technical and Conforming Amendment.--Section 9304(a)(3) of
title 31, United States Code, is amended by inserting ``and section
4(a) of the Equal Surety Bond Opportunity Act'' before the period.
(d) Regulations.--
(1) In general.--The Secretary of the Treasury shall
prescribe such regulations as may be necessary to carry out the
purposes of this Act.
(2) Initial regulations.--The initial regulations
prescribed pursuant to paragraph (1) shall take effect at the
earliest practicable date after the date of the enactment of
this Act and not later than the end of the 1-year period
beginning on such date of enactment.
SEC. 5. EFFECTIVE DATE.
Sections 2(d) and 4(a) shall take effect on the earlier of--
(1) the effective date of the initial regulations
prescribed pursuant to section 4(d); or
(2) the end of the 1-year period beginning on the date of
the enactment of this Act. | Equal Surety Bond Opportunity Act - Cites activities that constitute unlawful discrimination by a surety against an applicant in a surety bond transaction, including denial: (1) on the basis of race, color, religion, national origin, sex, marital status, sexual orientation, or disability; or (2) because the applicant previously obtained a bond through a certain bonding assistance program or any special purpose bonding program.Requires a surety to notify an applicant of action on the surety application within ten days of its filing.Entitles an applicant against whom adverse action is taken to a statement of reasons for such action.Subjects a surety to liability to the aggrieved applicant for both actual damages and legal costs for noncompliance with this Act.Mandates full compliance with this Act as a condition for approval as surety by the Secretary of the Treasury. | {"src": "billsum_train", "title": "To prohibit discrimination on the basis of certain factors with respect to any aspect of a surety bond transaction."} | 2,426 | 203 | 0.595467 | 1.867729 | 0.901373 | 4.443038 | 14.082278 | 0.924051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Federal Employment for
Veterans Act of 2017'' or the ``Empowering FED Vets Act''.
SEC. 2. ESTABLISHMENT OF VETERANS EMPLOYMENT PROGRAMS IN FEDERAL
AGENCIES.
(a) Definitions.--In this section--
(1) the term ``covered agency'' means--
(A) the Department of State;
(B) the Department of the Treasury;
(C) the Department of Defense;
(D) the Department of Justice;
(E) the Department of the Interior;
(F) the Department of Agriculture;
(G) the Department of Commerce;
(H) the Department of Labor;
(I) the Department of Health and Human Services;
(J) the Department of Housing and Urban
Development;
(K) the Department of Transportation;
(L) the Department of Energy;
(M) the Department of Education;
(N) the Department of Veterans Affairs;
(O) the Department of Homeland Security;
(P) the Environmental Protection Agency;
(Q) the National Aeronautics and Space
Administration;
(R) the Agency for International Development;
(S) the General Services Administration;
(T) the National Science Foundation;
(U) the Nuclear Regulatory Commission;
(V) the Office of Personnel Management;
(W) the Small Business Administration;
(X) the Social Security Administration; and
(Y) any other Executive agency (as defined in
section 105 of title 5, United States Code) that the
President may designate;
(2) the term ``transitioning member of the Armed Forces''
means a member of the Armed Forces who is expected to be
discharged or released from active duty in the Armed Forces
within 180 days; and
(3) the term ``veterans employment official'' means--
(A) the head of a Veterans Employment Program
Office established under subsection (b)(1)(A); and
(B) an employee designated to carry out a Veterans
Employment Program for a covered agency under
subsection (b)(1)(B).
(b) Veterans Employment Programs.--The head of a covered agency
shall--
(1)(A) establish or maintain a Veterans Employment Program
Office within the covered agency; or
(B) designate an employee of the covered agency who shall
have full-time responsibility for carrying out a Veterans
Employment Program for the covered agency; and
(2) ensure the public availability of contact information
for veterans employment officials to ensure engagement with
prospective applicants.
(c) Responsibilities.--A veterans employment official of a covered
agency shall--
(1) enhance employment opportunities for veterans within
the agency, consistent with law and merit system principles,
including by developing and implementing--
(A) the agency's plan for promoting employment
opportunities for veterans;
(B) veterans recruitment programs; and
(C) training programs for veterans with
disabilities;
(2) coordinate and provide employment counseling and
training programs to prospective applicants to help match the
skills and career aspirations of veterans to the needs of the
agency, targeting high-demand Federal occupations that are
projected to have heavy recruitment needs;
(3) participate in skills-based, cross-governmental, and
individual agency career development programs to leverage those
programs in matching veterans' career aspirations with high-
growth occupations; and
(4) provide mandatory annual training to human resources
employees and hiring managers of the agency concerning
veterans' employment, including training on veterans'
preferences and special authorities for the hiring of veterans.
(d) Coordination by Office of Personnel Management.--
(1) In general.--The Director of the Office of Personnel
Management shall facilitate coordination among veterans
employment officials, including appropriate sharing of
resources and information to help match the skills and career
aspirations of veterans to the needs of the agencies.
(2) Responsibilities.--The Director of the Office of
Personnel Management shall--
(A) establish a Veterans Program Office to provide
Government-wide leadership in recruitment and
employment of veterans in the executive branch of the
Federal Government;
(B) regularly convene veterans employment officials
for working-level meetings to share information on best
practices, prospective applicants, and strategies for
matching veterans with appropriate employment;
(C) develop mandatory annual training for human
resources employees and hiring managers of covered
agencies concerning veterans' employment, including
training on veterans' preferences and special
authorities for the hiring of veterans;
(D) develop a skills-based, cross-governmental
career development program for covered agencies to
leverage in matching veterans' career aspirations with
high-growth occupations;
(E) promote the Federal Government as an employer
of choice to transitioning members of the Armed Forces
and veterans;
(F) market the talent, experience, and dedication
of transitioning members of the Armed Forces and
veterans to Federal agencies; and
(G) disseminate Federal employment information to
veterans and hiring officials.
(3) Accountability.--Not later than 1 year after the date
of enactment of this Act, the Director of the Office of
Personnel Management shall submit to Congress a report on--
(A) progress made toward the sharing of resources
among veterans employment officials;
(B) progress made toward the sharing of information
among veterans employment officials, including steps to
promote face-to-face interaction and the use of Federal
information gateways;
(C) the development and implementation of training
programs for human resources employees and hiring
managers of Federal agencies;
(D) career development programs for veterans
seeking employment; and
(E) efforts to promote the Federal Government as an
employer of choice to transitioning members of the
Armed Forces and veterans.
SEC. 3. INTERAGENCY COUNCIL ON VETERANS EMPLOYMENT.
(a) Establishment.--
(1) In general.--There is established an interagency
council on matters relating to the employment of veterans.
(2) Designation.--The council established under paragraph
(1) shall be known as the ``Interagency Council on Veterans
Employment'' (in this section the ``Council'').
(b) Membership.--
(1) Composition.--The Council shall consist of the heads
of--
(A) each covered agency (as defined in section
2(a)); and
(B) any other Executive agency (as defined in
section 105 of title 5, United States Code) that the
President may designate.
(2) Co-chairs.--The Secretary of Labor and the Secretary of
Veterans Affairs shall serve as Co-Chairs of the Council.
(3) Vice-chair.--The Director of the Office of Personnel
Management shall serve as the Vice Chair of the Council.
(c) Duties.--The duties of the Council shall include each of the
following:
(1) To advise and assist the President and the Director of
the Office of Personnel Management on matters relating to
maintaining a coordinated Government-wide effort to increase
the number of veterans employed by the Federal Government in
positions that match the skills and career aspirations of
veterans, by enhancing recruiting, hiring, retention, training
and skills development, and job satisfaction.
(2) To serve as a national forum for promoting employment
opportunities for veterans in the executive branch of the
Federal Government.
(3) To establish performance measures to assess the
effectiveness of efforts to promote recruiting, hiring,
retention, training and skills development, and job
satisfaction of veterans by the Federal Government.
(4) Not later than 1 year after the date of enactment of
this Act and not less frequently than once each year
thereafter, to submit to the President and Congress a report on
the effectiveness of those efforts.
(d) Administration.--
(1) Duties of co-chairs.--The Co-Chairs shall convene
regular meetings of the Council, determine its agenda, and
direct its work.
(2) Steering committee.--At the direction of the Co-Chairs,
the Council may establish--
(A) a Steering Committee to provide leadership,
accountability, and strategic direction to the Council;
and
(B) subgroups to promote coordination among
veterans employment officials (as defined in section
2(a)).
(3) Executive director.--The Vice Chair shall designate an
Executive Director for the Council to support the Vice Chair in
managing the Council's activities.
(4) OPM.--The Office of Personnel Management shall provide
administrative support for the Council to the extent permitted
by law and within existing appropriations (as of the date of
the provision).
SEC. 4. EXPANSION OF SKILLBRIDGE INITIATIVE TO INCLUDE PARTICIPATION BY
FEDERAL AGENCIES.
(a) Modification of Initiative by Secretary of Defense.--The
Secretary of Defense, in consultation with the Director of the Office
of Personnel Management, shall make such modifications to the
SkillBridge initiative of the Department of Defense as the Secretary
considers appropriate to enable Federal agencies to participate in the
initiative as employers and trainers, including the provision of
training by Federal agencies under the initiative to transitioning
members of the Armed Forces.
(b) Participation by Federal Agencies.--The Director, in
consultation with the Secretary, shall take such actions as may be
necessary to ensure that each Federal agency participates in the
SkillBridge initiative of the Department of Defense as described in
subsection (a).
(c) Transitioning Members of the Armed Forces Defined.--In this
section, the term ``transitioning member of the Armed Forces'' means a
member of the Armed Forces who is expected to be discharged or released
from active duty in the Armed Forces not more than 180 days after the
member commences training under the SkillBridge initiative. | Empowering Federal Employment for Veterans Act of 2017 or the Empowering FED Vets Act This bill requires executive agencies to establish or maintain a Veterans Employment Program Office and designate a veterans employment official to: (1) enhance employment opportunities for veterans within the agency, (2) provide employment counseling and training programs to applicants to help match the skills and career aspirations of veterans to agency needs, (3) participate in agency career development programs to leverage those programs in matching veterans' career aspirations with high-growth occupations, and (4) provide mandatory annual training to human resources employees and hiring managers concerning veterans' employment. The Office of Personnel Management (OPM) shall: facilitate coordination among such officials; establish a Veterans Program Office to provide government-wide leadership in recruitment and employment of veterans in the executive branch; regularly convene such officials for working-level meetings to share information on best practices, prospective applicants, and strategies for matching veterans with appropriate employment; develop mandatory annual training on veterans' employment for agency human resources employees and hiring managers; develop a skills-based, cross-governmental career development program for agencies; promote the government as an employer of choice to transitioning members of the Armed Forces and veterans; market the talent, experience, and dedication of such members and veterans to agencies; and disseminate federal employment information to veterans and hiring officials. The bill establishes the Interagency Council on Veterans Employment, which shall: advise and assist the President and the OPM on matters relating to maintaining a coordinated government-wide effort to increase the number of veterans employed by the government in positions that match their skills and career aspirations by enhancing recruiting, hiring, retention, training and skills development, and job satisfaction; serve as a national forum for promoting employment opportunities for veterans in the executive branch; and establish performance measures to assess effectiveness. The Department of Defense (DOD) shall make appropriate modifications to its SkillBridge initiative to enable federal agencies to participate as employers and trainers. | {"src": "billsum_train", "title": "Empowering Federal Employment for Veterans Act of 2017"} | 2,080 | 416 | 0.558829 | 1.68928 | 0.879778 | 5.153061 | 5.022959 | 0.943878 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Auto Insurance Ratemaking
Reporting to Allow a Transparent Evaluation of Statistics Act of 2018''
or the ``FAIR RATES Act of 2018''.
SEC. 2. DATA CALL.
(a) In General.--Pursuant to the authority under section 313(e) of
title 31, United States Code, the Director of the Federal Insurance
Office shall collect from covered automobile insurers, aggregated on a
census tract level basis based on the place of garaging of the insured
vehicle, information for each of the three accident or calendar years,
as applicable, most recently completed as of the date of the enactment
of this Act, regarding private passenger automobile insurance as the
Director considers necessary to prepare the report required under
section 3, which shall include the following information for each such
year:
(1) Company name.--The name of the insurance coverage for
the vehicle.
(2) Experience year.--The experience year for premiums and
exposures.
(3) Census tract.--The census tract of the place of
garaging of the insured vehicle.
(4) Paid loss adjustment expenses.--Total paid loss
adjustment expenses, reported by accident year.
(5) Incurred loss adjustment expenses.--Total incurred loss
adjustment expenses plus case reserves, reported by accident
year.
(6) Count of claims recorded.--The number of claims
reported for each coverage or type of loss, including claims
that included payment and claims that did not include payment.
(7) Count of claims closed.--The number of claims closed
for each coverage or type of loss, including claims that were
closed that included payment and claims that were closed that
did not include payment.
(8) Coverage type.--The type of coverage provided,
including liability, personal injury protection, collision,
comprehensive, and uninsured motorist bodily injury.
(9) Premium written.--Total premium written, reported by
coverage type.
(10) Premium earned.--Total premium earned, reported by
coverage type.
(11) Exposure written.--Total exposures written, reported
by coverage type.
(12) Exposure earned.--Total exposures earned, reported by
coverage type.
(b) Method and Timing of Collection.--
(1) From federal or state agency.--Not later than the
expiration of the 6-month period beginning on the date of the
enactment of this Act, the Director shall determine whether all
of the information required to be collected under subsection
(a) can be obtained in the manner provided under the first
sentence of section 313(e)(4) of title 31, United States Code,
in a timely manner. If the Director determines that all such
information is available, and may be obtained by such manner in
a timely manner, the Director shall so obtain all such
information.
(2) From intermediary.--If the Director determines under
paragraph (1) that all of the information required to be
collected under subsection (a) cannot be obtained in the manner
provided under the first sentence of section 313(e)(4) of title
31, United States Code, and in a timely manner, the Director
shall provide that covered automobile insurers shall submit any
such information that is not so obtainable through--
(A) an appropriate intermediary, including the
National Association of Insurance Commissioners; or
(B) other appropriate intermediaries, including
advisory organizations and statistical agents licensed
by State insurance regulatory authorities.
(3) From covered automobile insurers.--If the Director has
not received all of the information required to be collected
under subsection (a) before the expiration of the 12-month
period beginning on the date of the enactment of this Act,
before the expiration of the 18-month period beginning upon
such date of enactment, the Director shall collect from covered
automobile insurers, in accordance with the penultimate
sentence of section 313(e)(4) of title 31, United States Code,
any such information not so received.
SEC. 3. STUDY.
(a) In General.--The Director shall conduct a study, using the
information collected pursuant to section 2 and any other appropriate
information available, to compare private passenger automobile
insurance premium costs and claims payment amounts to identify any
disparities in such premium costs and claims payment amounts between
coverage for automobiles garaged in census tracts and areas having a
majority of residents who are racial minorities and coverage for
automobiles garaged in census tracts and areas having a majority of
residents who are not racial minorities. Not later than the expiration
of the 24-month period beginning on the date of the enactment of this
Act, the Director shall submit to the Congress a report containing the
analysis, findings, and conclusions of the study under this section.
(b) Availability of Information.--Upon submitting the report to the
Congress pursuant to subsection (a), the Director shall make publicly
available all information collected pursuant to section 2 and all other
information used in the conducting the study under this section, except
that any information made publicly available may not contain any
personally identifiable information regarding insureds under private
passenger automobile insurance for which such information is collected.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Covered automobile insurer.--The term ``covered
automobile insurer'' means an insurer that--
(A) has a statutory surplus attributable to private
passenger automobile insurance coverage, as of December
31, 2016, in an amount that exceeds $500,000,000; and
(B) annually collects more than $500,000,000 in
premiums for private passenger automobile insurance
coverage.
(2) Director.--The term ``Director'' means the Director of
the Federal Insurance Office of the Department of the Treasury. | Fair Auto Insurance Ratemaking Reporting to Allow a Transparent Evaluation of Statistics Act of 2018 or the FAIR RATES Act of 2018 This bill directs the Federal Insurance Office (FIO) of the Department of the Treasury to collect private passenger automobile insurance data from certain automobile insurers, federal and state agencies, or other intermediaries. FIO must report on any racial disparities in premium costs and claims payment amounts. | {"src": "billsum_train", "title": "Fair Auto Insurance Ratemaking Reporting to Allow a Transparent Evaluation of Statistics Act of 2018"} | 1,230 | 91 | 0.468839 | 1.269881 | 0.388674 | 3.986486 | 15.405405 | 0.905405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cybersecurity and Internet Safety
Standards Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Computers.--Except as otherwise specifically provided,
the term ``computers'' means computers and other devices that
connect to the Internet.
(2) Providers.--The term ``providers'' means Internet
service providers, communications service providers, electronic
messaging providers, electronic mail providers, and other
persons who provide a service or capability to enable computers
to connect to the Internet.
(3) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 3. FINDINGS.
Congress finds the following:
(1) While the Internet has had a profound impact on the
daily lives of the people of the United States by enhancing
communications, commerce, education, and socialization between
and among persons regardless of their location, computers may
be used, exploited, and compromised by terrorists, criminals,
spies, and other malicious actors, and, therefore, computers
pose a risk to computer networks, critical infrastructure, and
key resources in the United States. Indeed, users of computers
are generally unaware that their computers may be used,
exploited, and compromised by others with spam, viruses, and
other malicious software and agents.
(2) Since computer networks, critical infrastructure, and
key resources of the United States are at risk of being
compromised, disrupted, damaged, or destroyed by terrorists,
criminals, spies, and other malicious actors who use computers,
cybersecurity and Internet safety is an urgent homeland
security issue that needs to be addressed by providers,
technology companies, and persons who use computers.
(3) The Government and the private sector need to work
together to develop and enforce minimum voluntary or mandatory
cybersecurity and Internet safety standards for users of
computers to prevent terrorists, criminals, spies, and other
malicious actors from compromising, disrupting, damaging, or
destroying the computer networks, critical infrastructure, and
key resources of the United States.
SEC. 4. COST-BENEFIT ANALYSIS.
(a) Requirement for Analysis.--The Secretary, in consultation with
the Attorney General, the Secretary of Commerce, and the Director of
National Intelligence, shall conduct an analysis to determine the costs
and benefits of requiring providers to develop and enforce voluntary or
mandatory minimum cybersecurity and Internet safety standards for users
of computers to prevent terrorists, criminals, spies, and other
malicious actors from compromising, disrupting, damaging, or destroying
computer networks, critical infrastructure, and key resources.
(b) Factors.--In conducting the analysis required by subsection
(a), the Secretary shall consider--
(1) all relevant factors, including the effect that the
development and enforcement of minimum voluntary or mandatory
cybersecurity and Internet safety standards may have on
homeland security, the global economy, innovation, individual
liberty, and privacy; and
(2) any legal impediments that may exist to the
implementation of such standards.
SEC. 5. CONSULTATION.
In conducting the analysis required by section 4, the Secretary
shall consult with the Attorney General, the Secretary of Commerce, the
Director of National Intelligence, the Federal Communications
Commission, and relevant stakeholders in the Government and the private
sector, including the academic community, groups, or other
institutions, that have scientific and technical expertise related to
standards for computer networks, critical infrastructure, or key
resources.
SEC. 6. REPORT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a final report on the results of the analysis
required by section 4. Such report shall include the consensus
recommendations, if any, for minimum voluntary or mandatory
cybersecurity and Internet safety standards that should be developed
and enforced for users of computers to prevent terrorists, criminals,
spies, and other malicious actors from compromising, disrupting,
damaging, or destroying computer networks, critical infrastructure, and
key resources.
(b) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation,
the Committee on Homeland Security and Governmental Affairs,
and the Committee on the Judiciary of the Senate; and
(2) the Committee on Energy and Commerce, the Committee on
Homeland Security, the Committee on the Judiciary, and the
Committee on Oversight and Government Reform of the House of
Representatives. | Internet and Cybersecurity Safety Standards Act - Directs the Secretary of Homeland Security (DHS) to conduct an analysis to determine the costs and benefits of requiring Internet service providers, communications service providers, electronic messaging providers, electronic mail providers, and other persons who provide a service or capability to enable computers to connect to the Internet to develop and enforce voluntary or mandatory minimum cybersecurity and Internet safety standards for users of computers to prevent terrorists, criminals, spies, and other malicious actors from compromising, disrupting, damaging, or destroying computer networks, critical infrastructure, and key resources.
Directs the Secretary to consider: (1) the effect that such standards may have on homeland security, the global economy, innovation, individual liberty, and privacy; and (2) any legal impediments that may exist to the implementation of such standards. | {"src": "billsum_train", "title": "A bill to reduce the ability of terrorists, spies, criminals, and other malicious actors to compromise, disrupt, damage, and destroy computer networks, critical infrastructure, and key resources, and for other purposes."} | 976 | 172 | 0.676913 | 1.968539 | 0.924313 | 7.345912 | 5.899371 | 0.968553 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Part D
Patient Safety and Drug Abuse Prevention Act of 2013''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishing PDP safety program to prevent fraud and abuse in
Medicare prescription drug plans.
Sec. 3. Part D suspension of claims payment.
Sec. 4. Improving activities of Medicare Drug Integrity Contractors
(MEDICs).
Sec. 5. Requiring e-prescribing for coverage of covered part D
controlled substances.
SEC. 2. ESTABLISHING PDP SAFETY PROGRAM TO PREVENT FRAUD AND ABUSE IN
MEDICARE PRESCRIPTION DRUG PLANS.
(a) PDP Safety Program.--Section 1860D-4(c) of the Social Security
Act (42 U.S.C. 1395w-104(c)) is amended--
(1) in paragraph (1)(D)--
(A) by inserting ``, designed to'' after
``program''; and
(B) by inserting ``, that includes the procedures
described in paragraph (4)'' after ``waste''; and
(2) by adding at the end the following:
``(4) Safe pharmacy access program.--
``(A) PDP sponsor procedures.--A PDP sponsor (or an
MA organization offering an MA-PD plan) shall have in
place procedures designed--
``(i) to identify an individual who has
obtained coverage for a covered part D drug
that is a frequently abused schedule II, III,
IV, or V controlled substance, as determined in
accordance with utilization guidelines
established by the Secretary and the sponsor
(or MA organization), and to notify such
individuals that they have been so identified;
``(ii) to contract with pharmacies
authorized to dispense such controlled
substances to create a safe pharmacy network
that meets the criteria specified in
subparagraph (C);
``(iii) taking into account the location of
the individual's residence (or residences),
work site, mobility, and other relevant
factors, to limit coverage to schedule II, III,
IV, or V controlled substances for some or all
classes of covered part D drugs for an
individual identified under clause (i) (or
under subparagraph (B)) to drugs dispensed by
one or more pharmacies contracted with under
clause (ii);
``(iv) to provide to the Secretary the
name, and other information that the Secretary
may require, of individuals so identified and
of the fact of such individual's disenrollment
(if any) from the plan of the sponsor (or the
MA-PD plan offered by the MA organization);
``(v) to provide for an appeals process
whereby an individual so identified may appeal
such identification on the basis that the
identification was not appropriate;
``(vi) to provide for a process whereby an
individual so identified may petition for the
termination of such identification on the basis
that the limitation on coverage is no longer
necessary to prevent fraud and abuse by the
individual; and
``(vii) to provide that coverage shall be
provided for a schedule II, III, IV, or V
controlled substance only if it prescribed in
accordance with an electronic prescribing
program under subsection (e), except in such
exceptional circumstances as the Secretary may
permit.
``(B) Sharing information for subsequent plan
enrollments.--The Secretary shall share information,
with respect to the identity of an individual
identified under subparagraph (A)(i) who disenrolls
from a plan under subparagraph (A)(iv), with a PDP
sponsor (or MA organization) that subsequently enrolls
such individual under another plan in order that the
provisions of subparagraph (A)(iii) would apply under
such subsequent enrollment.
``(C) Safe pharmacy network criteria.--The criteria
specified in this subparagraph for a safe pharmacy
network are the following:
``(i) The pharmacies in the network are
able to properly monitor the usage of schedule
II, III, IV, and V controlled substances.
``(ii) Such pharmacies and network meet
such other drug safety criteria as the
Secretary or the PDP sponsor (or MA
organization) determines to be appropriate,
such as use of a State prescription drug
monitoring program, if such a program is
available in the State.''.
(b) Dual Eligibles.--Section 1860D-1(b)(3)(D) of the Social
Security Act (42 U.S.C. 1395w-101(b)(3)(D)) is amended by inserting ``,
subject to such limits as the Secretary may establish for individuals
identified pursuant to section 1860D-4(c)(4)(A)(i)'' after ``the
Secretary''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning after the date that is 8
months after the date of the enactment of this Act.
SEC. 3. PART D SUSPENSION OF CLAIMS PAYMENT.
Amend 1860D-12(b)(4) of the Social Security Act (42 U.S.C. 1395w-
112(b)(4)) is amended by adding at the end the following new
subparagraph:
``(H) Suspension of payments pending investigation
of credible allegations of fraud by pharmacies.--
``(i) In general.--A PDP sponsor may
suspend payments and clean claim notifications
to a pharmacy pending an investigation of a
credible allegation of fraud (as defined in
clause (ii)) against the pharmacy, unless the
Secretary determines there is a good cause not
to suspend payments.
``(ii) Credible allegation of fraud
defined.--In this subparagraph, the term
`credible allegation of fraud' includes--
``(I) a complaint made on the
Medicare fraud hotline;
``(II) detection of potential fraud
through the analysis of claims data;
``(III) detection of potential
fraud through identification of
inappropriate dispensing through
audits, civil false claims cases, and
law enforcement investigations; and
``(IV) claims referred to Medicare
drug integrity contractors (MEDICs).
``(iii) Rule of construction.--Nothing in
this subparagraph shall be construed as limited
the authority of a PDP sponsor to conduct post-
claim payment review.''.
SEC. 4. IMPROVING ACTIVITIES OF MEDICARE DRUG INTEGRITY CONTRACTORS
(MEDICS).
(a) In General.--Section 1893 of the Social Security Act (42 U.S.C.
1395ddd) is amended by adding at the end the following new subsection:
``(j) Improving Activities of Medicare Drug Integrity Contractors
(MEDICs).--
``(1) Access to in general.--Under contracts entered into
under this section (each in this subsection referred to as a
`MEDIC contract') with Medicare drug integrity contractors
(each in this subsection referred to as a `MEDIC'), the
Secretary shall authorize MEDICs to directly obtain
prescription and medical records from entities such as
pharmacies, PDP and physicians.
``(2) Requirement for acknowledgment of referrals.--If a
PDP sponsor refers information to a MEDIC for investigation,
under the MEDIC contract the MEDIC must acknowledge receipt of
the referral and must report back to the sponsor the result of
the MEDIC's investigation within 45 days of the date of the
referral and share such results with appropriate agencies, such
as law enforcement officials and State licensing authority.
``(3) Uniform annual report criteria.--In order to assess
the performance of MEDICs, the Secretary shall develop a
uniform reporting criteria for the annual reporting of the
results of investigations by MEDICs to the Secretary and to
Congress. Each such annual report shall include information on
the number of referrals for investigation made to a MEDIC, the
average time required for investigation, the results of the
investigation, and the number of results that were referred to
the Inspector General of the Department of Health and Human
Services and to State licensing officials for further
investigations.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply as
quickly as possible to MEDIC contracts, including MEDIC contracts
entered into before such date of enactment.
SEC. 5. REQUIRING E-PRESCRIBING FOR COVERAGE OF COVERED PART D
CONTROLLED SUBSTANCES.
(a) In General.--Section 1860D-4(e) of the Social Security Act (42
U.S.C. 1395w-104(e)) is amended by adding at the end the following:
``(7) Requirement of e-prescribing for controlled
substances.--Except in such emergent circumstances as the
Secretary may specify, coverage shall not be provided for a
covered part D drug under a prescription drug plan (or under an
MA-PD plan) for a schedule II, III, IV, or V controlled
substance unless the prescription for the drug has been
transmitted electronically in accordance with an electronic
prescription drug program that meets the requirements of
paragraph (2).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to coverage of drugs prescribed on or after January 1, 2015. | Medicare Part D Patient Safety and Drug Abuse Prevention Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to establish a safe pharmacy access program under which a prescription drug plan (PDP) sponsor (or a Medicare Advantage (MA) organization offering an MA-PD plan) shall have in place procedures designed to prevent fraud and abuse in the dispensing of certain controlled substances under Medicare part D. Allows a PDP sponsor to suspend payments and clean claim notifications to a pharmacy pending an investigation of a credible allegation of fraud against the pharmacy, unless the Secretary determines there is a good cause not to suspend payments. Directs the Secretary of Health and Human Services (HHS), under contracts entered into under the Medicare integrity program with Medicare drug integrity contractors (MEDICs), to authorize such MEDICs to obtain prescription and medical records directly from entities such as pharmacies, PDPs, and physicians. Requires a MEDIC to acknowledge receipt of a PDP sponsor referral of information for investigation, report back to the sponsor the investigation results within 45 days, and share them with appropriate agencies. Requires electronic transmission (e-prescribing) of prescriptions for certain covered Medicare part D controlled substances. | {"src": "billsum_train", "title": "Medicare Part D Patient Safety and Drug Abuse Prevention Act of 2013"} | 2,141 | 290 | 0.60583 | 1.743959 | 0.826288 | 3.732218 | 7.715481 | 0.920502 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Oak Flat Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Section 3003 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291) authorizes approximately 2422 acres of
Forest Service land known as ``Oak Flat'' in the Tonto National
Forest in Southeastern Arizona that is sacred to Indian tribes
in the region, including the San Carlos Apache Tribe and the
Yavapai-Apache Nation, to be transferred to a mining company
called Resolution Copper. That company plans to hold the Forest
land privately for a mining project that will result in the
physical destruction of tribal sacred areas and deprive
American Indians from practicing their religions, ceremonies,
and other traditional practices. The mining project will also
create significant negative environmental impacts by destroying
the area and depleting and contaminating precious water
resources.
(2) Once Resolution Copper owns the Oak Flat area, it plans
to use the highly destructive block cave mining method to
remove one cubic mile of ore that is now 7,000 feet beneath the
surface of the earth without replacing any of the earth removed
because that is the cheapest form of mining. Resolution Copper
admits that the surface will subside and ultimately collapse,
destroying forever this place of worship.
(3) The Tonto National Forest in which Oak Flat is located
was established in 1905 from the ancestral homelands of the
Tonto Apache and other American Indians who were forcibly
removed at gunpoint from the Oak Flat area and other areas of
the Tonto National Forest by the United States Army in the
1880s and imprisoned in other areas, including what is now the
San Carlos Apache Reservation, located approximately 15 miles
from Oak Flat, where Apaches were held as prisoners of war
until the early 1900s.
(4) Section 3003 was included in the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 without proper legislative process and
circumvented the will of the majority of Members of the House
of Representatives. Section 3003 was originally introduced in
the House of Representatives as H.R. 687 and in the Senate as
S. 339 in the 113th Congress. H.R. 687 was brought to the floor
of the House of Representatives for consideration twice and was
pulled from consideration both times. S. 339 was never
considered by the Senate or even considered for mark up by the
Senate Committee on Energy and Natural Resources. Section 3003
was then included in the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
without majority support from either the House or Senate and an
amendment to remove section 3003 was not allowed to be
considered.
(5) American Indian tribes have ceded or have had taken
from them millions of acres of land to help build the United
States and have suffered under Federal assimilationist policies
that sought to destroy tribal cultures. Despite these policies,
American Indians continue to practice their religions as they
have done for thousands of years. American Indian places of
worship, or sacred areas, are often land based, including
mountains, streams, and trees. As a result of previous Federal
land policies that resulted in the significant loss of lands of
American Indian tribes, many sacred areas of tribes are now
located on Federal lands.
(6) The United States has a trust responsibility
acknowledged by Congress to protect tribal sacred areas on
Federal lands. These laws require meaningful consultations with
affected Indian tribes before making decisions that will impact
American Indians. In contradiction to these laws, section 3003
requires the mandatory conveyance of a tribal sacred area
located on Federal lands regardless of the outcome of
consultation with affected Indian tribes.
(7) Section 3003 was strongly opposed by Indian tribes
nationwide because it sets dangerous legislative precedent for
the lack of protection of tribal sacred areas located on
Federal lands by mandating the conveyance of Federal lands with
significant religious, cultural, historic, and anthropological
significance for Indian tribes to a private company that will
destroy the land.
(8) Section 3003 circumvents standard environmental review
procedures that ensure that the public interest is protected,
including the interests of Indian tribes. Section 3003 requires
a mandatory conveyance of the Oak Flat area regardless of the
findings resulting from the environmental review process. The
mining project will require significant amounts of water that
will likely affect the local hydrology, including the
underlying aquifer, and will result in polluted water that will
seep into drinking water supplies.
(9) The inclusion of section 3003 in the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 sets negative precedent for legislative
process and for Federal Indian policy.
SEC. 3. REPEAL OF THE SOUTHEAST ARIZONA LAND EXCHANGE AND CONSERVATION.
Section 3003 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291) is repealed. | Save Oak Flat Act This bill repeals the provisions under the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 providing for a land exchange between the Department of Agriculture and Resolution Copper Mining, LLC. Under the provisions of that Act, 2,422 acres of Forest Service land located in Pinal County, Arizona, are to be exchanged for various parcels of land owned by Resolution Copper. | {"src": "billsum_train", "title": "Save Oak Flat Act"} | 1,110 | 97 | 0.534703 | 1.890004 | 0.375398 | 2.531646 | 13.025316 | 0.759494 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Affordability, Transparency, Equity, and Reliability Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Water Affordability, Transparency, Equity, and Reliability
Trust Fund.
Sec. 3. Report on affordability, discrimination and civil rights
violations, public participation in
regionalization, and data collection.
Sec. 4. Technical assistance to rural and small municipalities and
tribal governments.
Sec. 5. Residential onsite sewage disposal system improvement.
Sec. 6. State water pollution control revolving funds.
Sec. 7. Use of State revolving loan funds under the Safe Drinking Water
Act.
Sec. 8. Drinking water grant programs.
SEC. 2. WATER AFFORDABILITY, TRANSPARENCY, EQUITY, AND RELIABILITY
TRUST FUND.
(a) Establishment.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following:
``SEC. 9512. WATER AFFORDABILITY, TRANSPARENCY, EQUITY, AND RELIABILITY
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 `Water
Affordability, Transparency, Equity, and Reliability Trust Fund'
(referred to in this section as the `Trust Fund'), consisting of such
amounts as may be appropriated or credited to such Trust Fund as
provided in this section or section 9602(b).
``(b) Transfers to Fund.--
``(1) In general.--There are hereby appropriated to the
Trust Fund such amounts as the Secretary from time to time
estimates are equal to the increase in Federal revenues
attributable to the application of section 952(e).
``(2) Limitation.--The sum of the amounts appropriated
under paragraph (1) during any fiscal year shall not exceed
$34,850,000,000.
``(c) Expenditures.--Amounts in the Trust Fund are available,
without further appropriation and without fiscal year limitation, for
the purposes described in section 2(c) of the Water Affordability,
Transparency, Equity, and Reliability Act of 2016.''.
(2) Clerical amendment.--The table of parts for subchapter
A of chapter 98 of such Code is amended by inserting after the
item relating to section 9511 the following new item:
``Sec. 9512. Water Affordability, Transparency, Equity, and Reliability
Trust Fund.''.
(b) Imposition of Tax.--
(1) In general.--Section 952 of the Internal Revenue Code
of 1986 is amended by adding at the end the following:
``(e) Special Application of Subpart.--
``(1) In general.--Notwithstanding any other provision of
this subpart, the term `subpart F income' means, in the case of
any controlled foreign corporation, the income of such
corporation derived from any foreign country.
``(2) Applicable rules.--Rules similar to the rules under
the last sentence of subsection (a) and subsection (d) shall
apply to this subsection.''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years of foreign corporations beginning
after the date of the enactment of this Act, and to taxable
years of United States shareholders with or within which such
taxable years of foreign corporations end.
(c) Allocation of Funds.--The Administrator of the Environmental
Protection Agency shall allocate, for a fiscal year, the funds
available, at the beginning of such fiscal year, in the Water
Affordability, Transparency, Equity, and Reliability Trust Fund,
established by section 9512 of the Internal Revenue Code of 1986, as
follows:
(1) Clean water programs.--Of such amount, the
Administrator shall make available--
(A) 0.5 percent for making grants under section
104(b)(8) of the Federal Water Pollution Control Act;
(B) 1.5 percent for making grants under section 106
of such Act (33 U.S.C. 1256);
(C) 2.5 percent for making grants under section 222
of such Act;
(D) 2.5 percent for making grants under section 319
of such Act (33 U.S.C. 1329); and
(E) 45 percent for making capitalization grants
under section 601 of such Act (33 U.S.C. 1381).
(2) Safe drinking water funding.--Of such amount, the
Administrator shall make available--
(A) 0.5 percent for providing technical assistance
under section 1442(e) of the Safe Drinking Water Act
(42 U.S.C. 300j-1(e));
(B) 44.5 percent for making capitalization grants
under section 1452 of such Act (42 U.S.C. 300j-12); and
(C) 3 percent for making grants under section 1465
of such Act.
SEC. 3. REPORT ON AFFORDABILITY, DISCRIMINATION AND CIVIL RIGHTS
VIOLATIONS, PUBLIC PARTICIPATION IN REGIONALIZATION, AND
DATA COLLECTION.
(a) Study.--
(1) In general.--The Administrator of the Environmental
Protection Agency shall conduct a study on water and sewer
services, in accordance with this subsection.
(2) Affordability.--In conducting the study under paragraph
(1), the Administrator shall study water affordability
nationwide, including--
(A) rates for water and sewer services, increases
in such rates during the ten-year period preceding such
study, and water service disconnections due to unpaid
water service charges; and
(B) the effectiveness of funding under section 1452
of the Safe Drinking Water Act and under section 601 of
the Federal Water Pollution Control Act for promoting
affordable, equitable, transparent, and reliable water
and sewer service.
(3) Discrimination and civil rights.--In conducting the
study under paragraph (1), the Administrator, in collaboration
with the Civil Rights Division of the United States Department
of Justice, shall study--
(A) discriminatory practices of water and sewer
service providers; and
(B) violations by such service providers that
receive Federal assistance of civil rights under title
VI of the Civil Rights Act of 1964 with regard to equal
access to water and sewer services.
(4) Public participation in regionalization.--In conducting
the study under paragraph (1), the Administrator shall evaluate
efforts to regionalize public water systems, as defined in
section 1401 of the Safe Water Drinking Act, and sewer services
with respect to public participation in--
(A) the decision to undergo such regionalization;
and
(B) decisionmaking by the board of directors (or
other governing body) of the entity that provides, or
oversees or coordinates the provision of, water by the
public water systems subject to such regionalization.
(5) Data collection.--In conducting the study under
paragraph (1), the Administrator shall collect information,
assess the availability of information, and evaluate the
methodologies used to collect information, related to--
(A) people living without water or sewer services;
(B) water service disconnections due to unpaid
water service charges, including disconnections
experienced by households containing children, elderly
persons, disabled persons, chronically ill persons, or
other vulnerable populations; and
(C) disparate effects, on the basis of race,
gender, or socioeconomic status, of water service
disconnections and the lack of public water service.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator of the Environmental Protection Agency
shall submit to Congress a report that contains--
(1) the results of the study conducted under subsection
(a)(1); and
(2) recommendations for utility companies, Federal
agencies, and States relating to such results.
SEC. 4. TECHNICAL ASSISTANCE TO RURAL AND SMALL MUNICIPALITIES AND
TRIBAL GOVERNMENTS.
Section 104(b) of the Federal Water Pollution Control Act (33
U.S.C. 1254(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) make grants to nonprofit organizations to--
``(A) provide technical assistance to rural and
small municipalities and tribal governments for the
purpose of assisting, in consultation with the State in
which the assistance is provided, such municipalities
and governments in the planning, development, and
acquisition of financing for projects and activities
eligible for assistance under section 603(c);
``(B) provide technical assistance and training to
rural and small municipalities and tribal governments
responsible for publicly owned treatment works and
decentralized wastewater treatment systems for the
purpose of enabling such works and systems to protect
water quality and achieve and maintain compliance with
the requirements of this Act; and
``(C) disseminate information to rural and small
municipalities, tribal governments, and municipalities
that meet the affordability criteria established under
section 603(i)(2) by the State in which the
municipality is located, that pertains to the planning,
design, construction, and operation of publicly owned
treatment works and decentralized wastewater treatment
systems.''.
SEC. 5. RESIDENTIAL ONSITE SEWAGE DISPOSAL SYSTEM IMPROVEMENT.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is amended by adding at the end the following:
``SEC. 222. RESIDENTIAL ONSITE SEWAGE DISPOSAL SYSTEMS.
``Not later than the date that is 1 year after the date of the
enactment of this section, the Administrator shall establish a grant
program to make grants to users of a septic tank and drainage field for
costs associated with repairing, replacing, or upgrading such tank and
such field.''.
SEC. 6. STATE WATER POLLUTION CONTROL REVOLVING FUNDS.
(a) Specific Requirements.--Section 602(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1382(b)) is amended--
(1) in paragraph (13), by striking ``and'' at the end;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(15) the State will not provide financial assistance
using amounts from the fund for any project that will provide
substantial direct benefits to new communities, lots, or
subdivisions, other than a project to construct an advanced
decentralized wastewater system; and
``(16) the requirements of section 513 will apply to the
construction of treatment works carried out in whole or in part
with assistance made available by a State water pollution
control revolving fund as authorized under this title, or with
assistance made available under section 205(m), or both, in the
same manner as treatment works for which grants are made under
this Act.''.
(b) Projects and Activities Eligible for Assistance.--Section
603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c))
is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(12) to any municipality or intermunicipal, interstate,
or State agency for--
``(A) purchasing from a willing or unwilling seller
a privately owned treatment works; and
``(B) expenses related to canceling a contract for
the operation or management of a publicly owned
treatment works.''.
(c) Increasing the Limit of Additional Subsidization by the
State.--Section 603(i)(3)(B) of the Federal Water Pollution Control Act
(33 U.S.C. 1383(i)(3)(B)) is amended to read as follows:
``(B) Additional limitation.--A State may use not
more than 50 percent of the total amount received by
the State in capitalization grants under this title for
a fiscal year for providing additional subsidization
under this subsection.''.
SEC. 7. USE OF STATE REVOLVING LOAN FUNDS UNDER THE SAFE DRINKING WATER
ACT.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by inserting ``publicly owned,
operated, and managed'' before ``community
water systems''; and
(ii) by striking ``The funds shall not be
used for the acquisition of real property or
interests therein, unless the acquisition is
integral to a project authorized by this
paragraph and the purchase is from a willing
seller.'' and inserting ``The funds may also be
used for purchasing from a willing or unwilling
seller a privately owned community water
system, or for the expenses related to
canceling a contract for the operation or
management of a community water system.''; and
(B) by adding at the end the following new
paragraph:
``(4) Exception to public ownership, operation, and
management requirement.--Notwithstanding the first sentence of
paragraph (2), public water systems which regularly serve fewer
than 10,000 persons and which are not owned, operated, or
managed by any person which owns, operates, or manages any
other public water system may receive assistance under this
section.'';
(2) in subsection (d)(2), by striking ``30 percent'' and
inserting ``50 percent'';
(3) in subsection (g)(3)--
(A) in paragraph (B), by striking ``and'' at the
end;
(B) in paragraph (C), by striking the period at the
end and inserting ``; and''; and
(C) by inserting after subparagraph (C) the
following:
``(D) guidance to ensure affordable, equitable,
transparent and reliable water and sewer service
provision, to provide protections for households facing
service disconnection due to unpaid water service
charges, and to promote universal equal access to water
and sewer services.''; and
(4) in subsection (k)(1), by adding at the end the
following:
``(E) Provide assistance in the form of a grant to
owners of private properties for the purpose of
replacing lead service lines, as defined in section
141.2 of title 40, Code of Federal Regulations, with
service lines that are lead-free, as defined in section
1417(d).''.
SEC. 8. DRINKING WATER GRANT PROGRAMS.
(a) School Drinking Water Improvement.--Section 1465 of the Safe
Drinking Water Act (42 U.S.C. 300j-24) is amended to read as follows:
``SEC. 1465. FEDERAL ASSISTANCE.
``Not later than the date that is 1 year after the date of the
enactment of this section, the Administrator shall establish a grant
program to make grants to local educational agencies for costs
associated with--
``(1) installing, repairing, or replacing the
infrastructure necessary for drinking water coolers, drinking
water fountains, or bottle filling stations; and
``(2) testing the quality of drinking water at schools in
such local education agency.''.
(b) Tribal Drinking Water.--Section 1452(i)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(i)(1)) is amended--
(1) by striking ``1 1/2'' and inserting ``Three''; and
(2) by striking ``may'' and inserting ``shall''. | Water Affordability, Transparency, Equity, and Reliability Act of 2016 This bill amends the Internal Revenue Code to: (1) establish a Water Affordability, Transparency, Equity, and Reliability Trust Fund; (2) modify the definition of subpart F income (i.e., income of a controlled foreign corporation earned outside the United States that is not tax-deferred) to include income of a controlled foreign corporation derived from a foreign country; and (3) transfer that income to the fund. The Environmental Protection Agency (EPA) must allocate funds from the trust fund to specified clean water programs and drinking water programs, including the grant programs authorized or established by this bill. The bill amends Federal Water Pollution Control Act (commonly known as the Clean Water Act) by authorizing the EPA to make grants for providing technical assistance concerning water and sanitation infrastructure and drinking water systems to rural and small municipalities and tribal governments. The EPA must establish a grant program for repairing, replacing, or upgrading septic tanks and drainage fields. The bill revises requirements concerning the clean water state revolving fund (SRF) and the drinking water SRF. The bill revises the Safe Drinking Water Act by requiring the EPA to establish a program to make grants to local educational agencies for: (1) installing, repairing, or replacing the infrastructure necessary for drinking water coolers, drinking water fountains, or bottle filling station; and (2) testing the quality of drinking water at schools in such local education agency. | {"src": "billsum_train", "title": "Water Affordability, Transparency, Equity, and Reliability Act of 2016"} | 3,577 | 331 | 0.541193 | 1.660125 | 0.68945 | 3.802817 | 11.176056 | 0.873239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Commercial Transportation of
Horses Act of 1995''.
SEC. 2. COMMERCIAL TRANSPORTATION OF HORSES FOR SLAUGHTER.
Public Law 85-765 (7 U.S.C. 1901 et seq.) is amended by adding at
the end the following:
``TITLE II--COMMERCIAL TRANSPORTATION OF HORSES FOR SLAUGHTER
``SEC. 201. FINDINGS.
``Congress finds that, to ensure that horses sold for slaughter are
provided human treatment and care, it is essential to regulate the
transportation, care, handling, and treatment of horses by any person
engaged in the commercial transportation of horses for slaughter.
``SEC. 202. DEFINITIONS.
``In this title:
``(1) Commerce.--The term `commerce' means trade, traffic,
transportation, or other commerce--
``(A) between any State, territory, or possession
of the United States, or the District of Columbia, and
any place outside thereof;
``(B) between points within the same State,
territory, or possession of the United States, or the
District of Columbia, but through any place outside
thereof; or
``(C) within any territory or possession of the
United States or the District of Columbia.
``(2) Department.--The term `Department' means the United
States Department of Agriculture.
``(3) Equine.--The term `equine' includes any member of the
Equidae family.
``(4) Foal.--The term `foal' means a horse that is not more
than 6 months of age.
``(5) Horse.--The term `horse' includes any member of the
Equidae family.
``(6) Horse for slaughter.--The term `horse for slaughter'
means any horse that is transported, or intended to be
transported, to a slaughter facility or intermediate handler
from a sale, auction, or intermediate handler by a person
engaged in the business of transporting horses for slaughter.
``(7) Intermediate handler.--The term `intermediate
handler' means any person engaged in the business of receiving
custody of horses for slaughter in connection with the
transport of the horses to a slaughter facility, including a
stockyard, feedlot, or assembly point.
``(8) Person.--The term `person' includes any individual,
partnership, firm, company, corporation, or association.
``(9) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(10) Vehicle.--The term `vehicle' means any machine,
truck, tractor, trailer, or semitrailer, or any combination
thereof, propelled or drawn by mechanical power and used on a
highway in the commercial transportation of horses for
slaughter.
``(11) Stallion.--The term `stallion' means any uncastrated
male horse that is 1 year of age or older.
``SEC. 203. STANDARDS FOR HUMANE COMMERCIAL TRANSPORTATION OF HORSES
FOR SLAUGHTER.
``(a) In General.--Not later than 180 days after the date of
enactment of this title, the Secretary shall issue, by regulation,
standards for the humane commercial transportation of horses for
slaughter.
``(b) Prohibition.--No person shall transport in commerce, to a
slaughter facility or intermediate handler, a horse for slaughter
except in accordance with the standards and this title.
``(c) Minimum Requirements.--The standards shall include minimum
requirements for the humane handling, care, treatment, and equipment
necessary to ensure the safe and humane transportation of horses for
slaughter. The standards shall require, at a minimum, that--
``(1) no horse for slaughter shall be transported for more
than 24 hours without being unloaded from the vehicle and
allowed to rest for at least 8 consecutive hours and given
access to adequate quantities of wholesome food and potable
water;
``(2) a vehicle shall provide adequate headroom for a horse
for slaughter with a minimum of at least 6 feet, 6 inches of
headroom from the roof and beams or other structural members
overhead to floor underfoot, except that a vehicle transporting
6 horses or less shall provide a minimum of at least 6 feet of
headroom from the roof and beams or other structural members
overhead to floor underfoot if none of the horses are over 16
hands;
``(3) the interior of a vehicle shall--
``(A) be free of protrusions, sharp edges, and
harmful objects;
``(B) have ramps and floors that are adequately
covered with a nonskid nonmetallic surface; and
``(C) be maintained in a sanitary condition;
``(4) a vehicle shall--
``(A) provide adequate ventilation and shelter from
extremes of weather and temperature for all equine;
``(B) be of appropriate size, height, and interior
design for the number of equine being carried to
prevent overcrowding; and
``(C) be equipped with doors and ramps of
sufficient size and location to provide for safe
loading and unloading, including unloading during
emergencies;
``(5)(A) horses shall be positioned in the vehicle by size;
and
``(B) stallions shall be segregated from other horses;
``(6)(A) all horses for slaughter must be fit to travel as
determined by an accredited large animal veterinarian, who
shall prepare a certificate of inspection, prior to loading for
transport, that--
``(i) states that the horses were inspected and
satisfied the requirements of subparagraph (B);
``(ii) includes a clear description of each horse;
and
``(iii) is valid for 7 days;
``(B) no horse shall be transported to slaughter if the
horse is found to be--
``(i) suffering from a broken or dislocated limb;
``(ii) unable to bear weight on all 4 limbs;
``(iii) blind in both eyes; or
``(iv) obviously suffering from severe illness,
injury, lameness, or physical debilitation that would
make the horse unable to withstand the stress of
transportation;
``(C) no foal may be transported for slaughter;
``(D) no mare in foal that exhibits signs of impending
partition may be transported for slaughter; and
``(E) no horse for slaughter shall be accepted by a
slaughter facility unless the horse is accompanied by a
certificate of inspection issued by an accredited large animal
veterinarian, not more than 7 days before the delivery, stating
that the veterinarian inspected the horse on a specified date.
``SEC. 204. RECORDS.
``(a) In General.--A person engaged in the business of transporting
horses for slaughter shall establish and maintain such records, make
such reports, and provide such information as the Secretary may, by
regulation, require for the purposes of carrying out, or determining
compliance with, this subtitle.
``(b) Minimum Requirements.--The records shall include, at a
minimum--
``(1) the veterinary certificate of inspection;
``(2) the names and addresses of current owners and
consignors, if applicable, of the horses at the time of sale or
consignment to slaughter; and
``(3) the bill of sale or other documentation of sale for
each horse.
``(c) Availability.--The records shall--
``(1) accompany the horses during transport to slaughter;
``(2) be retained by any person engaged in the business of
transporting horses for slaughter for a reasonable period of
time, as determined by the Secretary; and
``(3) on request of an officer or employee of the
Department, be made available at all reasonable times for
inspection and copying by the officer or employee.
``SEC. 205. AGENTS.
``(a) In General.--For purposes of this title, the act, omission,
or failure of an individual acting for or employed by a person engaged
in the business of transporting horses for slaughter, within the scope
of the employment or office of the individual, shall be considered the
act, omission, or failure of the person engaging in the commercial
transportation of horses for slaughter as well as of the individual.
``(b) Assistance.--If a horse suffers a substantial injury or
illness while being transported for slaughter on a vehicle, the driver
of the vehicle should seek prompt assistance from a large animal
veterinarian.
``SEC. 206. COOPERATIVE AGREEMENTS.
``Not later than 180 days after the date of enactment of this
title, the Secretary shall, to the maximum extent practicable,
establish cooperative agreements and enter into memoranda of agreement
with appropriate Federal and State agencies or political subdivisions
of the agencies, including State departments of agriculture, State law
enforcement agencies, and foreign governments, to carry out and enforce
this title.
``SEC. 207. INVESTIGATIONS AND INSPECTIONS.
``(a) In General.--The Secretary shall make such investigations or
inspections as the Secretary considers necessary--
``(1) to enforce this title (including any regulation
issued under this title); and
``(2) pursuant to information regarding alleged violations
of this title provided to the Secretary by a State official or
any other person.
``(b) Access.--For the purposes of conducting an investigation or
inspection under subsection (a), the Secretary shall, at all reasonable
times, have access to--
``(1) the place of business of any person engaged in the
business of transporting horses for slaughter;
``(2) the facilities and vehicles used to transport the
horses; and
``(3) records required to be maintained under section 204.
``(c) Minimum Requirement.--An investigation or inspection shall
include, at a minimum, an inspection by an employee of the Department
of all horses and vehicles carrying horses, on the arrival of the
horses and vehicles at the slaughter facility.
``(d) Assistance to or Destruction of Horses.--The Secretary shall
issue such regulations as the Secretary considers necessary to permit
employees or agents of the Department to--
``(1) provide assistance to any horse that is covered by
this title (including any regulation issued under this title);
or
``(2) destroy, in a humane manner, any such horse found to
be suffering.
``SEC. 208. INTERFERENCE WITH ENFORCEMENT.
``(a) In General.--Subject to subsection (b), a person who forcibly
assaults, resists, opposes, impedes, intimidates, or interferes with
any person while engaged in or on account of the performance of an
official duty of the person under this title shall be fined not more
than $5,000 or imprisoned not more than 3 years, or both.
``(b) Weapons.--If the person uses a deadly or dangerous weapon in
connection with an action described in subsection (a), the person shall
be fined not more than $10,000 or imprisoned not more than 10 years, or
both.
``SEC. 209. JURISDICTION OF COURTS.
``Except as provided in section 210(a)(5), a district court of the
United States in any appropriate judicial district under section 1391
of title 28, United States Court, shall have jurisdiction to
specifically enforce this title, to prevent and restrain a violation of
this title, and to otherwise enforce this title.
``SEC. 210. CIVIL AND CRIMINAL PENALTIES.
``(a) Civil Penalties.--
``(1) In general.--A person who violates this title
(including a regulation or standard issued under this title)
shall be assessed a civil penalty by the Secretary of not more
than $2,000 for each violation.
``(2) Separate offenses.--Each horse transported in
violation of this title shall constitute a separate offense.
Each violation and each day during which a violation continues
shall constitute a separate offense.
``(3) Hearings.--No penalty shall be assessed under this
subsection unless the person who is alleged to have violated
this title is given notice and opportunity for a hearing with
respect to an alleged violation.
``(4) Final order.--An order of the Secretary assessing a
penalty under this subsection shall be final and conclusive
unless the aggrieved person files an appeal from the order
pursuant to paragraph (5).
``(5) Appeals.--Not later than 30 days after entry of a
final order of the Secretary issued pursuant to this
subsection, a person aggrieved by the order may seek review of
the order in the appropriate United States Court of Appeals.
The Court shall have exclusive jurisdiction to enjoin, set
aside, suspend (in whole or in part), or to determine the
validity of the order.
``(6) Nonpayment of penalty.--On a failure to pay the
penalty assessed by a final order under this section, the
Secretary shall request the Attorney General to institute a
civil action in a district court of the United States or other
United States court for any district in which the person is
found, resides, or transacts business, to collect the penalty.
The court shall have jurisdiction to hear and decide the
action.
``(b) Criminal Penalties.--
``(1) First offense.--Subject to paragraph (2), a person
who knowingly violates this title (or a regulation or standard
issued under this title) shall, on conviction of the violation,
be subject to imprisonment for not more than 1 year or a fine
of not more than $2,000, or both.
``(2) Subsequent offenses.--On conviction of a second or
subsequent offense described in paragraph (1), a person shall
be subject to imprisonment for not more than 3 years or to a
fine of not more than $5,000, or both.
``SEC. 211. PAYMENTS FOR TEMPORARY OR MEDICAL ASSISTANCE FOR HORSES DUE
TO VIOLATIONS.
``From sums received as penalties, fines, or forfeitures of
property for any violation of this title (including a regulation issued
under this title), the Secretary shall pay the reasonable and necessary
costs incurred by any person in providing temporary care or medical
assistance for any horse that needs the care or assistance due to a
violation of this title.
``SEC. 212. RELATIONSHIP TO STATE LAW.
``Nothing in this title prevents a State from enacting or enforcing
any law (including a regulation) that is not inconsistent with this
title or that is more restrictive than this title.
``SEC. 213. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated for each fiscal year such
sums as are necessary to carry out this title.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) The first section of Public Law 85-765 (7 U.S.C. 1901) is
amended by striking ``That the Congress'' and inserting the following:
``SEC. 1. SHORT TITLE.
This Act may be cited as the `Federal Humane Methods of Livestock
Slaughter Act'.
``TITLE I--HUMANE METHODS OF LIVESTOCK SLAUGHTER
``SEC. 101. FINDINGS AND DECLARATION OF POLICY.
``Congress''.
(b) Section 2 of the Federal Humane Methods of Livestock Slaughter
Act (7 U.S.C. 1902) is amended by striking ``Sec. 2. No'' and inserting
the following:
``SEC. 102. HUMANE METHODS.
``No''.
(c) Section 4 of the Act (7 U.S.C. 1904) is amended by striking
``Sec. 4. In'' and inserting the following:
``SEC. 103. METHODS RESEARCH.
``In''.
(d) Section 6 of the Act (7 U.S.C. 1906) is amended by striking
``Sec. 6. Nothing'' and inserting the following:
``SEC. 104. EXEMPTION OF RITUAL SLAUGHTER.
``Nothing''.
SEC. 4. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
become effective 180 days after the date of enactment of this Act.
(b) Regulations.--As soon as practicable, but not later than 180
days after the date of enactment of this Act, the Secretary of
Agriculture shall issue such regulations as the Secretary determines
are necessary to implement this Act and the amendments made by this
Act.
(c) Compliance.--A person shall be required to comply with--
(1) sections 203 and 204 of the Federal Humane Methods of
Livestock Slaughter Act (as added by section 2) beginning on
the date that is 180 days after the date of enactment of this
Act; and
(2) other sections of title II of the Act beginning on the
date that is 90 days after the Secretary issues final
regulations under subsection (b). | Safe Commercial Transportation of Horses Act of 1995 - Amends specified Federal law (and entitles it as the Federal Humane Methods of Livestock Slaughter Act) to direct the Secretary of Agriculture to: (1) issue regulations governing the humane commercial transportation of horses for slaughter; (2) enter into related cooperative agreements with Federal and State entities; and (3) make necessary investigations and inspections.
Establishes civil and criminal penalties for violations of such provisions, including interference with enforcement activities.
Authorizes appropriations. | {"src": "billsum_train", "title": "Safe Commercial Transportation of Horses Act of 1995"} | 3,894 | 111 | 0.520516 | 1.26554 | 0.4949 | 2.680412 | 35.783505 | 0.886598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficient Buildings Promotion
Act''.
SEC. 2. FEDERAL BUILDING ENERGY PERFORMANCE STANDARDS.
(a) Standards.--Section 305(a)(3) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)) is amended by striking ``(3)(A)''
and all that follows through the end of subparagraph (B) and inserting
the following:
``(3)(A) Not later than 1 year after the date of enactment of the
Energy Efficient Buildings Promotion Act, the Secretary shall
establish, by rule, revised Federal building energy performance
standards that require that, for new Federal buildings and Federal
buildings undergoing major renovations:
``(i) Each building shall be designed to meet the United
States Green Building Council's Leadership in Energy and
Environmental Design (LEED) silver level standard, or an
equivalent standard approved by the Administrator of the
Environmental Protection Agency.
``(ii) Each building shall be designed to achieve at least
a 60 percent reduction compared to the regional average energy
consumption (measured as site use intensity) for that building
type, calculated according to regional 2003 Commercial Building
Energy Consumption Survey data for commercial buildings (or
Energy Information Administration national averages where such
Commercial Building Energy Consumption Survey data is not
available), and 2003 Energy Information Administration data for
residential buildings.
``(iii) The buildings shall be designed so that the average
fossil fuel energy consumption of the buildings of each Federal
agency is reduced, as compared to such energy consumption by
similar buildings, calculated according to regional 2003
Commercial Building Energy Consumption Survey data for
commercial buildings (or Energy Information Administration
national averages where Commercial Building Energy Consumption
Survey data is not available), and 2003 Energy Information
Administration data for residential buildings, by the
percentage specified in the following table:
``Fiscal Year Percentage Reduction
2011................................. 70
2015................................. 80
2020................................. 90
2025................................. 100
``(iv) Each building shall be designed to apply sustainable
design principles to siting, design, and construction, and
employ renewable energy strategies and technologies.
``(B) Not later than 1 year after the date of enactment of the
Energy Efficient Buildings Promotion Act, the Secretary shall
establish, by rule, revised Federal building energy performance
standards that require that, for new buildings, with respect to which
10 percent or more of construction funding is provided by the Federal
Government, and for such buildings undergoing major renovations:
``(i) Each building shall be designed to achieve at least a
50 percent reduction compared to the regional average energy
consumption (measured as site use intensity) for that building
type, calculated according to regional 2003 Commercial Building
Energy Consumption Survey data for commercial buildings (or
Energy Information Administration national averages where such
Commercial Building Energy Consumption Survey data is not
available), and 2003 Energy Information Administration data for
residential buildings.
``(ii) Each building shall be designed so that the fossil
fuel energy consumption of such building, as compared to such
energy consumption by similar buildings, calculated according
to regional 2003 Commercial Building Energy Consumption Survey
data for commercial buildings (or Energy Information
Administration national averages where Commercial Building
Energy Consumption Survey data is not available), and 2003
Energy Information Administration data for residential
buildings, represents a reduction of:
``Fiscal Year Percentage Reduction
2011................................. 60
2015................................. 70
2020................................. 80
2025................................. 90
2030................................. 100''.
(b) Definition.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832) is amended by adding at the end the
following new paragraph:
``(17) The term `major renovation' means the upgrade or
replacement of two of the three major systems of a building
(lighting, plumbing, and heating, ventilation, and air
conditioning).''.
SEC. 3. EXTENSION AND MODIFICATION OF CERTAIN ENERGY TAX PROVISIONS.
(a) Nonbusiness Energy Property.--
(1) In general.--
(A) Increase in lifetime limitation.--Paragraph (1)
of section 25C(b) of the Internal Revenue Code of 1986
is amended by striking ``$500'' and inserting
``$1,000''.
(B) Increase in limitations for certain residential
energy property.--Paragraph (3) of section 25C(b) of
such Code is amended--
(i) by striking ``$50'' in subparagraph (A)
and inserting ``$100'',
(ii) by striking ``$150'' in subparagraph
(B) and inserting ``$300'', and
(iii) by striking ``$300'' in subparagraph
(C) and inserting ``$600''.
(C) Extension.--Subsection (g) of section 25C of
such Code is amended by striking ``2007'' and inserting
``2013''.
(2) Effective date.--The amendment made by this section
shall apply to property installed after the date of the
enactment of this Act.
(b) New Energy Efficient Home Credit.--
(1) In general.--
(A) Increase in applicable amount.--Subparagraph
(A) of section 45L(a)(2) of such Code is amended by
striking ``$2,000'' and inserting ``$4,500''.
(B) Extension.--Subsection (g) of section 45L of
such Code is amended by striking ``2008'' and inserting
``2013''.
(2) Effective date.--The amendments made by this section
shall apply to property acquired after the date of the
enactment of this Act.
(c) Energy Efficient Commercial Buildings Deduction.--
(1) In general.--
(A) Increase in per square footage dollar amount.--
Subparagraph (A) of section 179D(b)(1) of such Code is
amended by striking ``$1.80'' and inserting ``$2.75''.
(B) Extension.--Subsection (h) of section 179D of
such Code is amended by striking ``2008'' and inserting
``2013''.
(2) Effective date.--The amendments made by this section
shall apply to property placed in service after the date of the
enactment of this Act.
SEC. 4. STUDY.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Energy shall conduct a study and make recommendations to
Congress on whether to conform the incentives provided by the Internal
Revenue Code of 1986, as provided in the Energy Policy Act of 2005, to
the building energy performance goal contained in section 305(a)(3) of
the Energy Conservation and Production Act, as amended by section 2(a)
of this Act. | Energy Efficient Buildings Promotion Act - Amends the Energy Conservation and Production Act to direct the Secretary of Energy to establish, by rule, revised building energy performance standards for new federal buildings and those undergoing major renovations.
Amends the Internal Revenue Code of 1986 to increase: (1) limitations for the nonbusiness energy property tax credit; (2) the applicable amount for the new energy efficient home credit; and (3) the per square footage dollar amount for the energy efficient commercial buildings deduction.
Requires the Secretary to study and make recommendations to Congress on whether to conform certain Internal Revenue Code incentives, as provided in the Energy Policy Act of 2005, to the building energy performance goal established under this Act. | {"src": "billsum_train", "title": "To provide for the establishment of energy performance standards for new Federal or federally supported buildings, and major renovations of Federal or federally supported buildings, and for other purposes."} | 1,530 | 144 | 0.508485 | 1.280672 | 0.680007 | 3.927007 | 9.978102 | 0.890511 |
SECTION 1. QUALIFIED DISPOSITION OF DAIRY PROPERTY TREATED AS
INVOLUNTARY CONVERSION.
(a) In General.--Section 1033 of the Internal Revenue Code of 1986
(relating to involuntary conversions) is amended by designating
subsection (k) as subsection (l) and inserting after subsection (j) the
following new subsection:
``(k) Qualified Disposition To Implement Bovine Tuberculosis
Eradication Program.--
``(1) In general.--For purposes of this subtitle, if a
taxpayer elects the application of this subsection to a
qualified disposition:
``(A) Treatment as involuntary conversion.--Such
disposition shall be treated as an involuntary
conversion to which this section applies.
``(B) Modification of similar property
requirement.--Property to be held by the taxpayer
either for productive use in a trade or business or for
investment shall be treated as property similar or
related in service or use to the property disposed of.
``(C) Extension of period for replacing property.--
Subsection (a)(2)(B)(i) shall be applied by
substituting `4 years' for `2 years'.
``(D) Waiver of unrelated person requirement.--
Subsection (i) (relating to replacement property must
be acquired from unrelated person in certain cases)
shall not apply.
``(E) Expanded capital gain for cattle and
horses.--Section 1231(b)(3)(A) shall be applied by
substituting `1 month' for `24 months'.
``(2) Qualified disposition.--
``(A) In general.--For purposes of this subsection,
the term `qualified disposition' means the disposition
of dairy property which is certified by the Secretary
of Agriculture as having been the subject of an
agreement under the bovine tuberculosis eradication
program, as implemented pursuant to the Declaration of
Emergency Because of Bovine Tuberculosis (65 Federal
Register 63,227 (2000)).
``(B) Payments received in connection with the
bovine tuberculosis eradication program.--For purposes
of this subsection, any amount received by a taxpayer
in connection with an agreement under such bovine
tuberculosis eradication program shall be treated as
received in a qualified disposition.
``(C) Transmittal of certifications.--The Secretary
of Agriculture shall transmit copies of certifications
under this paragraph to the Secretary.
``(3) Allowance of the adjusted basis of certified dairy
property as a depreciation deduction.--The adjusted basis of
any property certified under paragraph (2)(A) shall be allowed
as a depreciation deduction under section 167 for the taxable
year which includes the date of the certification described in
paragraph (2)(A).
``(4) Dairy property.--For purposes of this subsection, the
term `dairy property' means all tangible property used in
connection with a dairy business or a dairy processing plant.
``(5) Special rules for certain business organizations.--
``(A) S corporations.--In the case of an S
corporation, gain on a qualified disposition shall not
be treated as recognized for the purposes of section
1374 (relating to tax imposed on certain built-in
gains).
``(B) Partnerships.--In the case of a partnership
which dissolves in anticipation of a qualified
disposition (including in anticipation of receiving the
amount described in paragraph (2)(B)), the dairy
property owned by the partners of such partnership at
the time of such disposition shall be treated, for the
purposes of this section and notwithstanding any
regulation or rule of law, as owned by such partners at
the time of such disposition.
``(6) Termination.--This subsection shall not apply to
dispositions made after December 31, 2005.''.
(b) Effective Date.--The amendment made by this section shall apply
to dispositions made and amounts received in taxable years ending after
May 22, 2001.
SEC. 2. DEDUCTION OF QUALIFIED RECLAMATION EXPENDITURES.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by adding at the end the
following new section:
``SEC. 199. EXPENSING OF DAIRY PROPERTY RECLAMATION COSTS.
``(a) In General.--Notwithstanding section 280B (relating to
demolition of structures), a taxpayer may elect to treat any qualified
reclamation expenditure which is paid or incurred by the taxpayer as an
expense which is not chargeable to capital account. Any expenditure
which is so treated shall be allowed as a deduction for the taxable
year in which it is paid or incurred.
``(b) Qualified Reclamation Expenditure.--
``(1) In general.--For purposes of this subparagraph, the
term `qualified reclamation expenditure' means amounts
otherwise chargeable to capital account and paid or incurred to
convert any real property certified under section 1033(k)(2)
(relating to qualified disposition) into unimproved land.
``(2) Special rule for expenditures for depreciable
property.--A rule similar to the rule of section 198(b)(2)
(relating to special rule for expenditures for depreciable
property) shall apply for purposes of paragraph (1).
``(c) Deduction Recaptured as Ordinary Income.--Rules similar to
the rules of section 198(e) (relating to deduction recaptured as
ordinary income on sale, etc.) shall apply with respect to any
qualified reclamation expenditure.
``(d) Termination.--This section shall not apply to expenditures
paid or incurred after December 31, 2005.''.
(b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:
``Sec. 199. Expensing of dairy property
reclamation costs.''.
(c) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred in taxable years ending after
May 22, 2001. | Amends the Internal Revenue Code to, until December 31, 2005: (1) provide for the treatment, as an involuntary conversion, of qualified dispositions of dairy property which is certified by the Secretary of Agriculture as having been the subject of an agreement under the bovine tuberculosis eradication program, as implemented pursuant to the Declaration of Emergency Because of Bovine Tuberculosis; and (2) permit the expensing of qualified dairy property reclamation costs. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for nonrecognition of gain on dispositions of dairy property which is certified by the Secretary of Agriculture as having been the subject of an agreement under the bovine tuberculosis eradication program, and for other purposes."} | 1,416 | 102 | 0.600228 | 1.582212 | 0.866208 | 4.987805 | 14.256098 | 0.939024 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Overseas Voting Education and
Reform, Safeguarding Every American's Vote Act'' or the ``OVERSEAS Vote
Act''.
SEC. 2. PROHIBITING REFUSAL TO ACCEPT ABSENTEE BALLOT FOR FAILURE TO
INCLUDE NOTARIZATION ON RETURN ENVELOPE.
Section 103 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-2) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Prohibiting Refusal To Accept Ballot For Failure to Include
Notarization on Return Envelope.--A State may not refuse to accept or
process any otherwise valid absentee ballot, including the Federal
write-in absentee ballot, submitted by an absent uniformed services
voter or overseas voter on the grounds that the envelope in which the
ballot is submitted is not notarized or witnessed by a Notary Public or
other official authorized to administer oaths.''.
SEC. 3. WAIVING REQUIREMENT TO APPLY FOR STATE ABSENTEE BALLOT AS
CONDITION FOR USE OF FEDERAL WRITE-IN ABSENTEE BALLOT.
(a) Waiving Requirement.--Section 103(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is
amended by striking ``who make timely applications for'' and all that
follows through ``absentee ballots'' and inserting a period.
(b) Conforming Amendment Relating to Timing of Request.--Section
103(b) of such Act (42 U.S.C. 1973ff-2(b)) is amended--
(1) by adding ``or'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 4. PROVISION OF BALLOTS IN SUBSEQUENT ELECTIONS.
(a) Permitting Voters To Request Absentee Ballots in All Subsequent
Elections.--Section 104(a) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-3(a)) is amended by striking
``through the next 2 regularly scheduled general elections'' and all
that follows through ``such general elections),'' and inserting
``(subject to subsections (b) and (d)),''
(b) Waiver of Requirement To Provide Absentee Ballots in Subsequent
Elections to Individuals With Unknown Addresses.--Section 104(a) of
such Act (42 U.S.C. 1973ff-3(a)) is amended by striking the period at
the end and inserting the following: ``, other than any election
occurring after any absentee ballot or other election material sent by
the State to the voter is returned to the State as undeliverable or
with no forwarding address within the State.''.
SEC. 5. GRANT PROGRAM FOR OVERSEAS CIVILIAN VOTER OUTREACH.
(a) Establishment of Program.--
(1) Program described.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall establish
and operate a program for making grants to eligible
organizations for carrying out activities to assist overseas
civilian voters in voting in elections for Federal office and
to increase turnout among such voters by providing them with
information in advance of the date of an election on how to
cast absentee ballots in such elections.
(2) Period of grant.--Each grant awarded under the program
under this section shall cover a 2-year period.
(b) Eligibility of Organizations.--
(1) In general.--An organization is eligible to receive a
grant under the program under this section if the organization
submits to the Commission, at such time and in such form as the
Commission may require, an application containing information
and assurances that the organization meets the specific
requirements for eligibility described in paragraph (2),
together with such other information and assurances as the
Commission considers appropriate.
(2) Specific requirements for eligibility.--The specific
requirements described in this paragraph are as follows:
(A) The organization is nonpartisan in nature and
will carry out activities funded by the grant in a non
partisan manner.
(B) The organization will use the funds provided
under the grant to carry out projects designed to
increase the meaningful participation of overseas
voters in elections for Federal office.
(C) The organization will carry out projects that
include at least one of the following activities:
(i) Outreach and education to identify
overseas civilian voters and provide them with
accurate information about voter registration
and voting in elections for Federal office, and
to provide the information well in advance of
applicable State deadlines.
(ii) Providing assistance to overseas
civilian voters in registering to vote and
casting ballots in elections for Federal
office, and to provide the assistance well in
advance of applicable State deadlines.
(D) The organization will file the reports required
under subsection (d).
(3) Joint eligibility of multiple organizations.--Two or
more organizations may be considered a single eligible
organization for purposes of receiving a grant under the
program under this section, so long as each of them meet the
specific requirements for eligibility described in paragraph
(2).
(c) Criteria for Selection Among Eligible Organizations.--In
selecting among eligible organizations for making grants under the
program under this section and in determining the amount of the grant
awarded, the Commission shall take into consideration the following:
(1) The need to ensure an appropriate distribution of
participants among various geographic areas, based upon the
most recent available data on the number and location of
overseas civilian voters.
(2) The extent to which the organizations enter into
partnerships and other collaborative agreements to carry out
the projects involved.
(3) The extent to which the organization's approach to
providing services under the projects reflects innovation and
creativity, including the use of innovative technologies.
(4) In the case of overseas civilian voter education
projects, the clarity of presentation and ease of use of the
information provided to voters.
(d) Reporting Requirement.--
(1) Reports.--Each eligible organization that receives a
grant under the program under this section shall submit to the
Commission a report containing the following information with
respect to each year covered by the grant:
(A) A description of the projects carried out with
funds provided under the grant during the year (and
arranged to be carried out during the succeeding year,
in the case of a report with respect to an odd-numbered
year).
(B) The number of overseas civilian voters to whom
outreach was provided under the projects.
(C) The number of overseas civilian voters
registered during the year under the projects.
(D) In the case of a report filed with respect to
an odd-numbered year, the organization's target for the
number of overseas civilian voters to whom the
organization will provide assistance during the
following year (including the target for the number of
absentee ballots to be cast by such voters).
(E) In the case of a report filed with respect to
an even-numbered year, the number of overseas civilian
voters to whom the organization provided assistance
during the year and the number of absentee ballots cast
by such voters.
(F) The organization's analysis of the
opportunities for replication of the projects.
(2) Deadline.--The organization shall submit the report
required under this subsection with respect to a year not later
than 90 days after the end of the year.
(e) Overseas Civilian Voter Defined.--In this section, the term
``overseas civilian voter'' means an overseas voter defined in section
107(5) of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-6(5)), but does not include an individual described in
subparagraph (A) of such section.
(f) Authorization of Appropriations.--
(1) Amount authorized.--There are authorized to be
appropriated for grants under the program under this section an
aggregate amount of $5,000,000 for fiscal year 2008 and each of
the first 4 succeeding 2-fiscal year periods.
(2) Availability.--Amounts appropriated pursuant to the
authorization under this subsection shall remain available
until expended.
SEC. 6. OTHER OUTREACH EFFORTS TO ENCOURAGE OVERSEAS CITIZENS TO CAST
ABSENTEE BALLOTS IN ELECTIONS.
(a) Requiring Offices With Overseas Personnel To Provide Notice of
Opportunities To Cast Absentee Ballots.--
(1) In general.--The head of each office of the Federal
government that has employees whose designated post of duty is
outside the United States shall provide such employees with
notice of the rights provided to absent uniformed services
voters and overseas voters under the Uniformed and Overseas
Citizens Absentee Voting Act to submit voter registration and
absentee ballot requests and to submit absentee ballots
(including the Federal write-in absentee ballot described in
such Act).
(2) Timing of notice.--The head of an office shall provide
the notice required under paragraph (1) not later than December
1 of each odd-numbered year and August 1 of each even-numbered
year.
(b) Including Information in Passports.--The Secretary of State
shall ensure that each passport issued on or after the date of the
enactment of this Act includes a page describing the rights provided to
overseas voters under the Uniformed and Overseas Citizens Absentee
Voting Act to submit voter registration and absentee ballot requests
and to submit absentee ballots (including the Federal write-in absentee
ballot described in such Act), and shall include on the page a list of
resources through which individuals may obtain additional information
regarding such rights.
SEC. 7. APPLICATION OF UOCAVA TO CERTAIN INDIVIDUALS NEVER RESIDING IN
UNITED STATES.
Section 107(5)(C) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-6(5)(C)) is amended to read as follows:
``(C) a person who resides outside the United
States and (but for such residence) would be qualified
to vote--
``(i) in the last place in which the person
was domiciled before leaving the United States,
or
``(ii) in the case of an individual who has
never resided in the United States, in the last
place in which the person's parent or guardian
was domiciled before leaving the United
States;''.
SEC. 8. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to the regularly scheduled general
election for Federal office held in November 2008 and each succeeding
election for Federal office. | Overseas Voting Education and Reform, Safeguarding Every American's Vote Act, or OVERSEAS Vote Act - Amends the Uniformed and Overseas Citizen Absentee Voting Act (UOCAVA) to prohibit a state from refusing to accept or process any otherwise valid absentee ballot submitted by an absent uniformed services voter or overseas voter on the grounds that the envelope in which the ballot is submitted is not notarized or witnessed by a notary public or other official authorized to administer oaths.
Repeals the requirement to apply for state absentee ballot as a condition for use of a federal write-in absentee ballot.
Permits voters to request absentee ballots in all subsequent elections.
Directs the Election Assistance Commission (EAC) to establish and operate a program of grants to eligible nonpartisan organizations for activities to: (1) assist overseas civilian voters in voting in federal elections; and (2) increase turnout by providing them with information in advance of an election on how to cast absentee ballots.
Requires the head of each office of the federal government with employees whose designated post of duty is outside the United States to notify them of the rights provided by UOCAVA to absent uniformed services voters and overseas voters.
Directs the Secretary of State to ensure that each passport issued after enactment of this Act describes such rights.
Extends application of UOCAVA to certain individuals who have never resided in the United States. | {"src": "billsum_train", "title": "To amend the Uniformed and Overseas Citizens Absentee Voting Act to promote the participation of absent overseas voters in elections for Federal office, and for other purposes."} | 2,476 | 336 | 0.668051 | 1.970274 | 0.727903 | 4.923077 | 8.111538 | 0.938462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Equity Act of
2001''.
SEC. 2. APPROVAL OF UP TO 4 STATE WAIVERS TO ALLOW TITLE XXI ALLOTMENTS
TO BE USED FOR INCREASING THE ENROLLMENT OF MEDICAID
CHILDREN.
(a) Definitions.--In this section:
(1) Child.--With respect to a State, the term ``child'' has
the meaning given such term for purposes of the State medicaid
program under title XIX of the Social Security Act.
(2) Child health assistance.--The term ``child health
assistance'' has the meaning given that term in section 2110(a)
of the Social Security Act (42 U.S.C. 1397jj(a)).
(3) Enhanced fmap.--The term ``enhanced FMAP'' has the
meaning given that term in section 2105(b) of such Act (42
U.S.C. 1397ee(b)).
(4) Federal medical assistance percentage.--The term
``Federal medical assistance percentage'' has the meaning given
that term in section 1905(b) of such Act (42 U.S.C. 1396d(b)).
(5) Poverty line.--The term ``poverty line'' has the
meaning given that term in section 2110(c)(5) of such Act (42
U.S.C. 1397jj(c)(5)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) State child health plan.--The term ``State child health
plan'' has the meaning given that term under section 2110(c)(7)
of such Act (42 U.S.C. 1397jj(c)(7)).
(b) Approval of Certain Waivers.--The Secretary shall approve not
more than 4 waiver applications under which the Secretary shall pay to
a State that the Secretary determines satisfies the requirements
described in subsection (c) the payment authorized under subsection
(d).
(c) Requirements.--The requirements described in this subsection
are the following:
(1) SCHIP income eligibility.--The State has a State child
health plan that (whether implemented under title XIX or XXI of
the Social Security Act)--
(A) has the highest income eligibility standard
permitted under title XXI of such Act as of January 1,
2001;
(B) subject to paragraph (2), does not limit the
acceptance of applications for children; and
(C) provides benefits to all children in the State
who apply for and meet eligibility standards on a
statewide basis.
(2) No waiting list imposed.--With respect to children
whose family income is at or below 200 percent of the poverty
line, the State does not impose any numerical limitation,
waiting list, or similar limitation on the eligibility of such
children for child health assistance under such State plan.
(3) Additional requirements.--The State has implemented at
least 4 of the following policies and procedures (relating to
coverage of children under titles XIX and title XXI of the
Social Security Act):
(A) Uniform, simplified application form.--With
respect to children who are eligible for medical
assistance under section 1902(a)(10)(A) of that Act (42
U.S.C. 1396a(a)(10)(A)), the State uses the same
uniform, simplified application form (including, if
applicable, permitting application other than in
person) for purposes of establishing eligibility for
benefits under titles XIX and XXI of that Act.
(B) Elimination of asset test.--The State does not
apply any asset test for eligibility under section
1902(l) or title XXI of the Social Security Act (42
U.S.C. 1396a(l), 1397aa et seq.) with respect to children.
(C) Adoption of 12-month continuous enrollment.--
The State provides that eligibility shall not be
regularly redetermined more often than once every year
under title XXI of such Act or for children described
in section 1902(a)(10)(A) of such Act (42 U.S.C.
1396a(a)(10)(A)).
(D) Same verification and redetermination policies;
automatic reassessment of eligibility.--With respect to
children who are eligible for medical assistance under
section 1902(a)(10)(A) of such Act (42 U.S.C.
1396a(a)(10)(A)), the State provides for initial
eligibility determinations and redeterminations of
eligibility using the same verification policies
(including with respect to face-to-face interviews),
forms, and frequency as the State uses for such
purposes under title XXI of that Act, and, as part of
such redeterminations, provides for the automatic
reassessment of the eligibility of such children for
assistance under titles XIX and XXI.
(E) Outstationing enrollment staff.--The State
provides for the receipt and initial processing of
applications for benefits under title XXI of such Act
and for children under title XIX of that Act at
facilities defined as disproportionate share hospitals
under section 1923(a)(1)(A) of such Act (42 U.S.C.
1396r-4(a)(1)(A)) and Federally-qualified health
centers described in section 1905(l)(2)(B) of that Act
(42 U.S.C. 1396d(l)(2)(B)) consistent with section
1902(a)(55) of that Act (42 U.S.C. 1396a(a)(55)).
(d) Payment Authorized.--
(1) In general.--Notwithstanding any provision of title XIX
or XXI of the Social Security Act, or any other provision of
law, with respect to a State with a waiver approved under this
section that satisfies the requirements of subsection (c) (and
that otherwise has a State child health plan approved under
title XXI of the Social Security Act), the Secretary shall pay
to the State from its allotment under section 2104 of the
Social Security Act (42 U.S.C. 1397dd) an amount for each
fiscal year (beginning with fiscal year 2002) determined under
subparagraph (D) as follows:
(A) Base expenditure amount.--The Secretary shall
determine the total amount of expenditures for medical
assistance under title XIX of the Social Security Act
in the State for children described in paragraph (2)
for fiscal year 1995.
(B) Current expenditure amount.--The Secretary
shall determine the total amount of expenditures for
medical assistance under title XIX of such Act in the
State for children described in paragraph (2) for the
fiscal year involved.
(C) Increased expenditures.--The Secretary shall
determine the number (if any) by which the total amount
determined under subparagraph (B) exceeds the total
amount determined under subparagraph (A).
(D) Bonus amount.--The amount determined under this
subparagraph for a fiscal year is equal to the product
of the following:
(i) The total amount determined under
subparagraph (C).
(ii) The difference between the enhanced
FMAP and the Federal medical assistance
percentage for that State for the fiscal year
involved.
(2) Children described.--For purposes of paragraph (1)(A),
the children described in this paragraph are--
(A) children who are eligible and enrolled for
medical assistance under title XIX of the Social
Security Act; and
(B) children who--
(i) would be described in subparagraph (A)
but for having family income that exceeds the
highest income eligibility level applicable to
such individuals under the State plan; and
(ii) would be considered disabled under
section 1614(a)(3)(C) of the Social Security
Act (42 U.S.C. 1382c(a)(3)(C)) (determined
without regard to the reference to age in that
section but for having earnings or deemed
income or resources, as determined under title
XVI of such Act for children) that exceed the
requirements for receipt of supplemental
security income benefits.
(3) Order of title xxi payments.--With respect to a State
with a waiver approved under this section, payments to the
State under section 2105(a) of the Social Security Act (42
U.S.C. 1397ee(a)) for a fiscal year shall, notwithstanding
paragraph (2) of such section, be made in the following order:
(A) First, for expenditures for items described in
paragraph (1)(A) of section 2105(a) of such Act.
(B) Second, for expenditures for items described in
paragraph (1)(B) of such section.
(C) Third, for the payment authorized under
subsection (d)(1) of this section.
(D) Fourth, for expenditures for items described in
paragraph (1)(C) of section 2105(a) of the Social
Security Act.
(E) Fifth, for expenditures for items described in
paragraph (1)(D) of such section. | Children's Health Equity Act of 2001 - Directs the Secretary of Health and Human Services to approve not more than four waiver applications to allow a State to use its allotment under the State children's health insurance programs (SCHIP) under title XXI of the Social Security Act to increase the enrollment of children eligible for medical assistance under the Medicaid program under title XIX of such Act. | {"src": "billsum_train", "title": "A bill to require the Secretary of Health and Human Services to approve up to 4 State waivers to allow a State to use its allotment under the State children's health insurance program under title XXI of the Social Security Act to increase the enrollment of children eligible for medical assistance under the medicaid program under title XIX of such Act."} | 2,053 | 88 | 0.599929 | 1.493232 | 1.093097 | 3.027778 | 22.958333 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Privacy and Security Act of
2002''.
TITLE I--INTERNET DOMAIN FOR MATERIAL HARMFUL TO MINORS
SEC. 101. ESTABLISHMENT OF TOP-LEVEL INTERNET DOMAIN NAME.
(a) NTIA Action.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Commerce, acting through the
National Telecommunications and Information Administration, shall--
(1) pursuant to the authority under section II.B. of the
Memorandum of Understanding Between the U.S. Department of
Commerce and the Internet Corporation for Assigned Names and
Numbers, entered into on November 25, 1998, regarding oversight
of the policy for determining the circumstances under which new
top-level Internet domains are added to the root system,
jointly with ICANN, develop a plan in accordance with section
102 for ICANN to establish a new domain meeting the
requirements in subsection (b) of this section;
(2) upon completion of the plan, make the plan publicly
available; and
(3) enter into any memorandums of understanding,
agreements, and contracts with ICANN, and any amendments to
existing such memorandums, agreements, and contracts, as may be
necessary to provide for ICANN to carry out the plan.
(b) Requirements for New Domain.--The new domain shall be subject
to the following requirements:
(1) Top-level, international domain.--The new domain shall
be established as a top-level, International domain having a
domain name appropriate for its purpose.
(2) Operator of domain.--The entity selected pursuant to
section 102 to establish, operate, and maintain the new domain
shall--
(A) establish, operate, and maintain the new domain
in accordance with this subsection; and
(B) provide for the creation of an independent
board, with diverse membership, which shall be
responsible for--
(i) establishing written criteria for
accepting registrants for the new domain and
for any limitations applicable to the new
domain; and
(ii) ensuring that subscription rates or
fees for obtaining a name for the new domain
are as minimal as possible.
(3) Other requirements.--The plan developed under section
102 may include such other requirements with respect to the new
domain as the National Telecommunications and Information
Administration and ICANN jointly consider appropriate.
SEC. 102. SELECTION OF OPERATOR OF NEW DOMAIN.
(a) Application Process.--The plan under this section shall
establish a process for soliciting applications for the establishment
of the new domain, which process shall--
(1) commence and complete not later than 60 days after the
expiration of the 30-day period referred to in section 101(a);
(2) provide adequate notice to prospective applicants of--
(A) the opportunity to submit an application; and
(B) the criteria for selection under subsection
(b)(1);
(3) include a fee for filing an application that does not
exceed the minimum amount reasonably estimated by ICANN to be
necessary to recover its expenses under section 101 and this
section; and
(4) provide for reimbursement to applicants of any amounts
collected in filing fees that exceed the actual amount of
expenses of ICANN under section 101 and this section.
(b) Selection Process.--The plan under this section shall establish
a process for selection, from applications submitted pursuant to
subsection (a), of an application for the establishment of the new
domain meeting the requirements under section 101(b). Such selection
process shall comply with the following requirements:
(1) Criteria.--The selection shall be made pursuant to
written, objective criteria designed to ensure that--
(A) the new domain is established, operated, and
maintained in accordance with the requirements under
section 101(b); and
(B) the entity selected to establish, operate, and
maintain the new domain is the applicant most capable
and qualified to do so.
(2) Initial review.--Not later than 60 days after the
completion of the application period under subsection (a)(1),
ICANN shall--
(A) review and apply the selection criteria
established under paragraph (1) to each application
submitted; and
(B) based upon such criteria, select an application
and award to the applicant a contract for the
establishment, operation, and maintenance of the new
domain, unless ICANN determines that no applicant could
minimally provide for the establishment, operation, and
maintenance of the new domain in accordance with the
requirements under section 101(b).
(3) Second application period.--If no applicant is selected
pursuant to paragraph (2), not later than 30 days after the
expiration of the 60-day period under paragraph (2), ICANN
shall commence another application and selection process that
complies with the requirements under subsection (a) and this
subsection.
(4) Report.--If the second application and selection
process under paragraph (3) does not result in the award of a
contract for the establishment, operation, and maintenance of
the new domain, not later than 30 days after the conclusion of
the 60-day period under paragraph (3), ICANN shall--
(A) notify the Secretary of Commerce in writing of
the failure to award a contract under paragraph (3);
and
(B) submit to the Secretary a report describing the
application and selection process and setting forth the
reasons for the failure to award the contract.
(c) Full Operation.--The plan under this section shall provide for
ICANN to take all actions necessary to facilitate the full operation of
the new domain within six months after the award of the contract for
the establishment, operation, and maintenance of the new domain.
(d) Annual Oversight.--The plan under this section shall provide
that ICANN shall, on an annual basis, review the actions of the entity
selected to establish, operate, and maintain the new domain to ensure
that such entity is complying with the requirements under section
101(b).
SEC. 103. USE OF NEW DOMAIN.
Commencing not later than 12 months after the establishment of the
new domain under section 102, any operator of a commercial Internet web
site or online service that has as its principal or primary business
the making available of material that is harmful to minors shall
register such web site or online service with the new domain and
operate such web site or online service under the new domain.
SEC. 104. LIABILITY PROTECTIONS.
(a) Treatment of Publisher or Speaker.--No person or entity that
operates or maintains the new domain shall be treated as the publisher
or speaker of any information or material provided by another
registrant under the domain.
(b) Civil Liability.--No person or entity that operates or
maintains the new domain shall be held liable because of--
(1) any action voluntarily taken in good faith to restrict
to minors access through the new domain to, or availability
through the new domain of, material that is harmful to minors;
or
(2) any action taken to enable or make available to
registrants to the new domain or others the technical means to
restrict access by minors to material described in paragraph
(1).
SEC. 105. ENFORCEMENT.
(a) Violation.--Any person who violates section 103, or any
requirement, registration criteria, or limitation applicable to a
registrant to the new domain under section 101(b), shall be subject to
such civil penalties as the Secretary of Commerce shall prescribe for
purposes of this title.
(b) Enforcement.--The Secretary shall have the power to enforce the
provisions of this title, including any requirements or limitations
applicable to a registrant to the new domain under section 101(b) and
the imposition and collection of civil penalties under subsection (a).
(c) Periodic Audits.--The Secretary shall conduct periodic audits
to ensure compliance with requirements, registration criteria, and
limitations applicable to the new domain under this title.
SEC. 106. OUTREACH.
(a) In General.--The Secretary of Commerce, acting through the
National Telecommunications and Information Administration, shall carry
out a program to publicize the availability of the new domain under
this title.
(b) Commencement.--The program under subsection (a) shall commence
not later than 30 days after the date that the new domain first becomes
operational and accessible by the public.
SEC. 107. DEFINITIONS.
In this title:
(1) ICANN.--The term ``ICANN'' means the Internet
Corporation for Assigned Names and Numbers.
(2) Material that is harmful to minors.--The term
``material that is harmful to minors'' means any communication,
picture, image, graphic image file, article, recording,
writing, or other matter of any kind that is obscene, or that a
reasonable person would find--
(A) taking the material as a whole and with respect
to minors, is designed to appeal to, or is designed to
pander to, the prurient interest;
(B) depicts, describes, or represents, in a manner
patently offensive with respect to minors, an actual or
simulated sexual act or sexual contact, an actual or
simulated normal or perverted sexual act, or a lewd
exhibition of the genitals or post-pubescent female
breast; and
(C) taking the material as a whole, lacks serious
literary, artistic, political, or scientific value for
minors.
(3) Minor.--The term ``minor'' means any person under 17
years of age.
(4) New domain.--The term ``new domain'' means the Internet
domain established pursuant to this title.
TITLE II--OTHER MATTERS
SEC. 201. PROHIBITION ON E-MAIL OF SEXUALLY ORIENTED ADVERTISEMENTS TO
MINORS WITHOUT PRESCRIBED MARKS OR NOTICE.
(a) In General.--Chapter 71 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 1471. E-mail of sexually oriented advertisements to minors
``(a) Prescription of Marks or Notices.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this section, the National Institute of
Standards and Technology shall prescribe marks or notices to be
included in or affixed to the subject line of any e-mail that contains
a sexually oriented advertisement sent to minors.
``(2) Specific requirement.--Marks or notices prescribed
under paragraph (1) shall, to the extent possible, be made so
that they may not be removed or altered.
``(b) Sending E-Mail Without Mark or Notice.--Whoever in the
business of selling sexually oriented products or materials knowingly
sends, through an instrumentality in or affecting interstate or foreign
commerce, an e-mail that includes a sexually oriented advertisement but
does not include a mark or notice prescribed under subsection (a) shall
be fined under this title, imprisoned not more than one year, or both.
``(c) Production of Mail Matter Intended for E-Mail to Minors
Without Mark or Notice.--Whoever produces, reproduces, or manufactures
any sexually related mail matter, intending or knowing that such mail
matter will be sent to a minor in an e-mail in violation of subsection
(b)--
``(1), shall be fined under this title, imprisoned not more
than 5 years, or both, in the case of an offense which does not
occur after another offense under this subsection; and
``(2) shall be fined under this title, imprisoned not more
than 10 years, or both, in the case of an offense which occurs
after another offense under this subsection.
``(d) Definitions.--In this section:
``(1) Minor.--The term `minor' means any individual who has
not yet attained the age of 18 years.
``(2) Sexually oriented advertisement.--The term `sexually
oriented advertisement' means any advertisement that depicts,
in actual or simulated form, or explicitly describes, in a
predominantly sexual context, human genitalia, any act of
natural or unnatural sexual intercourse, any act of sadism or
masochism, or any other erotic subject directly related to the
foregoing, except that material otherwise within the definition
of this paragraph shall be deemed not to constitute a sexually
oriented advertisement if such material constitutes only a
small and insignificant part of the whole, the remainder of
which is not primarily devoted to sexual matters.
``(3) Sexually related mail matter.--The term `sexually
related mail matter' means any mail matter containing a
sexually oriented advertisement.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 71 of title 18, United States Code, is amended by adding at the
end the following new item:
``1471. E-mail of sexually oriented advertisements to minors.''.
SEC. 202. PROHIBITION ON VIDEO VOYEURISM.
(a) In General.--Chapter 71 of title 18, United States Code, as
amended by section 201 of this Act, is further amended by adding at the
end the following new section:
``Sec. 1472. Video voyeurism
``(a) In General.--Whoever--
``(1) uses a camera, videotape, photo-optical, photo-
electric, or other image recording device that has been
transported, shipped, or received in interstate or foreign
commerce to observe, view, photograph, film, or videotape for a
lewd or lascivious purpose an image of another person involving
actual or simulated vaginal, anal, oral, or manual sexual
intercourse, masturbation, any unclothed portion of the female
breast below the top of the areola, or any unclothed portion of
the anus, vulva, or genitals, without the consent of such other
person to such observation, viewing, photographing, filming, or
videotaping; or
``(2) uses a camera, videotape, photo-optical, photo-
electric, or other image recording device that has been
transported, shipped, or received in interstate or foreign
commerce to observe, view, photograph, film, or videotape for a
lewd or lascivious purpose an image of a person under the age
of 18 years involving actual or simulated vaginal, anal, oral,
or manual sexual intercourse, masturbation, any unclothed
portion of the female breast below the top of the areola, or
any unclothed portion of the anus, vulva, or genitals,
shall be punished as provided in subsection (d).
``(b) Exceptions.--Subsection (a) shall not in the case of--
``(1) observation, viewing, photographing, filming, or
videotaping for legitimate security purposes, if the material
is used only for such purposes;
``(2) observation, viewing, photographing, filming, or
videotaping in the course of a legitimate law enforcement or
private investigation, if the material is used only for
purposes of such investigation; or
``(3) the transfer of an image by--
``(A) a telecommunications carrier engaged in the
provision of a telecommunications service;
``(B) a person engaged in the business of providing
an Internet access service;
``(C) a person engaged in the business of providing
access to an interactive computer service; or
``(D) any other person engaged in the transmission,
storage, retrieval, hosting, formatting, or
transmission (or any combination thereof) of a
communication made by another person, without selection
or alteration of the content of the communication.
``(c) Defense.--It shall be a defense to prosecution under
subsection (a)(1) that the observation, viewing, photographing,
filming, or videotaping in question was done in a public place where
there was no reasonable expectation of privacy.
``(d) Penalties.--The penalty for an offense under subsection (a)
is--
``(1) a fine under this title, imprisonment for not more
three years, or both, in the case of an offense under paragraph
(1) of that subsection; and
``(2) a fine under this title, imprisonment for not more
than ten years, or both, in the case of an offense under
paragraph (2) of that subsection.
``(e) Seal or Destruction of Images.--The court may, upon its own
motion or the motion of the Attorney General, order the following:
``(1) The seal of any images introduced as evidence in a
trial for an offense under this section.
``(2) The destruction of any images held by the United
States for purposes of a prosecution under this section in the
event of an acquittal, dismissal, plea agreement, or decision
not to prosecute.
``(3) The destruction of any images held by the United
States for purposes of a prosecution under this section if
prosecution is not commenced within the statute of limitations
for the offense.
``(4) The destruction of any images introduced as evidence
in a trial for an offense under this section that are held by
the United States after conviction upon the release of the
offender from incarceration for the offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 71 of title 18, United States Code, as amended by section
201(b) of this Act, is further amended by adding at the end the
following new item:
``1472. Video voyeurism.''.
SEC. 203. SEVERABILITY.
If any provision of an amendment made by this title, or the
application thereof to any person or circumstances, is held invalid,
the remainder of the provisions of the amendments made by this title,
and the applications of such provisions to other persons not similarly
situated or to other circumstances, shall not be affected thereby. | Family Privacy and Security Act of 2002 - Directs the Secretary of Commerce, acting through the National Telecommunications and Information Administration, to: (1) develop, pursuant to the Memorandum of Understanding Between the U.S. Department of Commerce and the Internet Corporation for Assigned Names and Numbers (concerning the policy for determining the addition of top-level Internet domains), a plan for the Internet Corporation for Assigned Names and Numbers (ICANN) to establish a top-level international domain meeting specified requirements; (2) make the plan available to the public; and (3) enter into any necessary agreements with ICANN to carry out the plan. Provides a process for the selection of an operator of the new domain.Requires the operator of any web site or online service whose primary business is making available material that is harmful to minors to register and operate such web site or online service under the new domain.Provides: (1) liability protections for the new domain operator; (2) registration enforcement procedures; and (3) outreach requirements.Amends the Federal criminal code to require the National Institute of Standards and Technology to prescribe marks or notices to be included in or affixed to the subject line of any e-mail that contains a sexually oriented advertisement sent to minors. Imposes criminal penalties for producing or sending such e-mail without such marks or notices.Imposes criminal penalties for the use of image recording devices to observe, view, photograph, film, or videotape for lewd or lascivious purposes the image of another, including of those under 18 years of age, with exceptions. | {"src": "billsum_train", "title": "A bill to facilitate the protection of minors using the Internet from material that is harmful to minors, and for other purposes."} | 3,983 | 355 | 0.603519 | 1.897671 | 0.660573 | 4.759076 | 11.943894 | 0.930693 |
SECTION 1. STRENGTHENING THE FOREIGN AGENTS REGISTRATION ACT OF 1938,
AS AMENDED.
(a) Definitions.--
(1) Agent of a foreign principal.--
(A) In general.--Section 1(c) of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C.
611(c)), is amended--
(i) by striking ``agent of a foreign
principal'' each place it appears and inserting
``representative of a foreign principal'';
(ii) in paragraph (1)(iv), by striking
``and'' after the semicolon at the end;
(iii) in paragraph (2), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(3) any person who engages in political activities for
purposes of furthering commercial, industrial, or financial
operations with a foreign principal.
For purposes of clause (1), a foreign principal shall be considered to
control a person in major part if the foreign principal holds more than
50 percent equitable ownership in such person or, subject to rebuttal
evidence, if the foreign principal holds at least 20 percent but not
more than 50 percent equitable ownership in such person.''.
(B) Further definition.--Section 1(d) of that Act
(22 U.S.C. 611(d)) is amended to read as follows:
``(d) The term `representative of a foreign principal' does not
include--
``(1) any news or press service or association organized
under the laws of the United States or of any State or other
place subject to the jurisdiction of the United States, or any
newspaper, magazine, periodical, or other publication for which
there is on file with the United States Postal Service
information in compliance with section 3685 of title 39, United
States Code, published in the United States, solely by virtue
of any bona fide news or journalistic activities, including the
solicitation or acceptance of advertisements, subscriptions, or
other compensation therefor, so long as it is at least 80
percent beneficially owned by, and its officers and directors,
if any, are citizens of the United States, and such news or
press service or association, newspaper magazine, periodical,
or other publication, is not owned, directed, supervised,
controlled, subsidized, or financed, and none of its policies
are determined by any foreign principal defined in subsection
(b) of this section, or by any representative of a foreign
principal required to register under this Act; or
``(2) any incorporated, nonprofit membership organization
organized under the laws of the United States or of any State
or other place subject to the jurisdiction of the United States
that is registered under section 308 of the Federal Regulation
of Lobbying Act and has obtained tax-exempt status under
section 501(c) of the Internal Revenue Code of 1986 and whose
activities are directly supervised, directed, controlled,
financed, or subsidized in whole by citizens of the United
States.''.
(2) Political promotional or informational materials.--
Section 1(j) of that Act (22 U.S.C. 611(j)) is amended--
(A) in the matter preceding clause (1), by striking
``propaganda'' and inserting ``promotional or
informational materials''; and
(B) in clause (1), by striking ``prevail upon,
indoctrinate, convert, induce, or in any other way''
and inserting ``in any way''.
(3) Political activities.--Section 1(o) of that Act (22
U.S.C. 611(o)) is amended--
(A) by striking ``prevail upon, indoctrinate,
convert, induce, persuade, or in any other way'' and
inserting ``in any way''; and
(B) by striking ``or changing the domestic or
foreign'' and inserting ``enforcing, or changing the
domestic or foreign laws, regulations, or''.
(4) Political consultant.--Section 1(p) of that Act (22
U.S.C. 611(p)) is amended--
(A) by inserting ``(1)'' after ``any person''; and
(B) by inserting before the semicolon at the end
the following: ``, or (2) who distributes political
promotional or informational materials to an officer or
employee of the United States Government, in his or her
capacity as such officer or employee''.
(5) Serving predominantly a foreign interest.--Section 1(q)
of that Act (22 U.S.C. 611(q)) is amended--
(A) by striking ``and'' at the end of clause (ii)
of the proviso; and
(B) by inserting before the period at the end the
following: ``, and (iv) such activities do not involve
the representation of the interests of the foreign
principal before any agency or official of the
Government of the United States other than providing
information in response to requests by such agency or
official or as a necessary part of a formal judicial or
administrative proceeding, including the initiation of
such a proceeding.''.
(b) Supplemental Registration.--Section 2(b) of that Act (22 U.S.C.
612(b)) is amended--
(1) in the first sentence by striking ``, within thirty
days'' and all that follows through ``preceding six months'
period'' and inserting ``on January 31 and July 31 of each year
file with the Attorney General a supplement thereto under oath,
on a form prescribed by the Attorney General, which shall set
forth regarding the six-month periods ending the previous
December 31, and June 30, respectively, or, if a lesser period,
the period since the initial filing,''; and
(2) by inserting after the first sentence the following new
sentence: ``Any registrant using an accounting system with a
fiscal year which is different from the calendar year may
petition the Attorney General to permit the filing of
supplemental statements at the close of the first and seventh
month of each such fiscal year in lieu of the dates specified
by the preceding sentence.''.
(c) Removal of Exemption for Certain Countries.--Section 3(f) of
that Act (22 U.S.C. 613(f)) is repealed.
(d) Limiting Exemption for Legal Representation.--Section 3(g) of
that Act (22 U.S.C. 613(g)) is amended by striking ``or any agency of
the Government of the United States'' and all that follows through
``informal'' and inserting ``or before the Patent and Trademark Office,
including any written submission to that Office''.
(e) Notification of Reliance on Exemptions.--Section 3 of that Act
(22 U.S.C. 613) is amended by adding at the end the following:
``Any person who does not register under section 2(a) on account of
any provision of subsections (a) through (g) of this section shall so
notify the Attorney General in such form and manner as the Attorney
General prescribes.''.
(f) Civil Penalties and Enforcement Provisions.--Section 8 of that
Act (22 U.S.C. 618) is amended by adding at the end the following:
``(i)(1) Any person who is determined, after notice and opportunity
for an administrative hearing--
``(A) to have failed to file when such filing is required a
registration statement under section 2(a) or a supplement
thereto under section 2(b),
``(B) to have omitted a material fact required to be stated
therein, or
``(C) to have made a false statement with respect to such a
material fact,
shall be required to pay for each violation committed a civil penalty
of not less than $2,000 and not more than $1,000,000. In determining
the amount of the penalty, the Attorney General shall give due
consideration to the nature and duration of the violation.
``(2)(A) Whenever the Attorney General has reason to believe that
any person may be in possession, custody, or control of any documentary
material relevant to an investigation regarding any violation of
paragraph (1) of this subsection or of section 5, the Attorney General
may, before bringing any civil or criminal proceeding thereon, issue in
writing, and cause to be served upon such person, a civil investigative
demand requiring such person to produce such material for examination.
``(B) Civil investigative demands issued under this paragraph shall
be subject to the applicable provisions of section 1968 of title 18,
United States Code.''.
(g) Change in Short Title of the Act.--Section 14 of that Act (22
U.S.C. 611 note) is amended by striking ``Foreign Agents Registration
Act of 1938, as amended'' and inserting ``Foreign Interests
Representation Act''.
SEC. 2. CONFORMING AMENDMENTS.
(a) References to Agent of a Foreign Principal.--The Foreign
Interests Representation Act is amended--
(1) by striking ``agent of a foreign principal'' each place
it appears and inserting ``representative of a foreign
principal'';
(2) by striking ``agents of foreign principals'' each place
it appears and inserting ``representatives of foreign
principals'';
(3) by striking ``agent of such principal'' each place it
appears and inserting ``representative of such principal''; and
(4) by striking ``such agent'' each place it appears and
inserting ``such representative''.
(b) References to Political Propaganda.--
(1) The paragraph preceding section 1 of the Foreign
Interests Representation Act is amended by striking
``propaganda'' and inserting ``political''.
(2) The Foreign Interests Representation Act (other than
the paragraph amended by paragraph (1) of this subsection) is
amended by striking ``propaganda'' each place it appears and
inserting ``promotional or informational materials''.
(c) References to the Act.--
(1) Section 207(f)(2) of title 18, United States Code, is
amended by striking ``Foreign Agents Registration Act of 1938,
as amended,'' and inserting ``Foreign Interests Representation
Act''.
(2) Section 219 of title 18, United States Code, is
amended--
(A) in subsection (a) by striking ``agent of a
foreign principal required to register under the
Foreign Agents Registration Act of 1938, as amended,''
and inserting ``representative of a foreign principal
required to register under the Foreign Interests
Representation Act''; and
(B) in subsection (b)--
(i) by striking ``agent of a foreign
principal'' and inserting ``representative of a
foreign principal'';
(ii) by striking ``such agent'' and
inserting ``such representative''; and
(iii) by striking ``Foreign Agents
Registration Act of 1938, as amended'' and
inserting ``Foreign Interests Representation
Act''.
(3) Section 5210(4) of the Competitiveness Policy Council
Act (15 U.S.C. 4809(4)) is amended--
(A) by striking ``agent of a foreign principal''
and inserting ``representative of a foreign
principal''; and
(B) by striking ``subsection (d) of the first
section of the Foreign Agents Registration Act of 1938
(22 U.S.C. 611)'' and inserting ``section 1(d) of the
Foreign Interests Representation Act (22 U.S.C.
611(d)),''.
(4) Section 34(a) of the Trading With the Enemy Act (50
U.S.C. App. 34(a)) is amended by striking ``Act of June 8, 1934
(ch. 327, 52 Stat. 631), as amended'' and inserting ``Foreign
Interests Representation Act''. | Amends the Foreign Agents Registration Act of 1938 to replace references to: (1) "agent" with "representative"; and (2) "propaganda" with "promotional or informational materials."
Includes within the definition of "representative of a foreign principal" any person who engages in political activities to further commercial, industrial, or financial operations with a foreign principal. Excludes from such definition any incorporated, nonprofit membership organization organized under U.S. laws that is registered under the Federal Regulation of Lobbying Act, that has obtained tax-exempt status, and whose activities are directed in whole by U.S. citizens.
Provides that a foreign principal shall be considered to control a person in major part if: (1) such principal holds more than 50 percent equitable ownership in such person; or (2) subject to rebuttal evidence, such principal holds from 20 to 50 percent equitable ownership in such person.
Includes within the definition of "political consultant" any person who distributes political promotional or informational materials to a Federal officer or employee, in his or her capacity as an officer or employee. Requires representatives of foreign principals who have filed registration statements to file supplements to such statements with the Attorney General on January 31 and July 31 of each year. Authorizes representatives with accounting systems using different fiscal years to petition the Attorney General to permit the filing of statements at the close of the first and seventh month of such fiscal year in lieu of the required dates.
Repeals an exemption to registration requirements for persons representing foreign governments whose defense is deemed vital to the defense of the United States. Provides that the exemption from the registration requirement for individuals providing legal representation for a foreign principal before a U.S. agency shall apply only to representation before the Patent and Trademark Office.
Provides for civil penalties for failures to file registration statements and for omitting material facts or making false statements on registration statements.
Authorizes the Attorney General to serve civil investigative demands on persons in control of materials relevant to investigations concerning violations of registration requirements.
Redesignates the Foreign Agents Registration Act of 1938 as the Foreign Interests Representation Act. | {"src": "billsum_train", "title": "To strengthen the Foreign Agents Registration Act of 1938, as amended."} | 2,762 | 462 | 0.564537 | 1.913651 | 0.829625 | 3.266504 | 5.875306 | 0.845966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voluntary Grazing Permit Buyout
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Commercial livestock grazing on Federal lands is
increasingly difficult for grazing permittees and lessees due
to growing conflicts with other legitimate multiple uses of
those lands, such as environmental protection and burgeoning
recreational use, and with congressionally mandated goals of
wildlife and habitat protection and improved water quality and
quantity.
(2) The recreational use of Federal lands often leads to
conflicts with commercial livestock grazing on the same lands,
because some recreationists damage property related to the
grazing operations or disturb livestock, rendering many grazing
operations on Federal lands uneconomical.
(3) A combination of sustained drought, foreign
competition, changing domestic markets, industry restructuring,
and individual ranch situations has resulted in grazing permits
and leases becoming stranded investments for many permittees
and lessees.
(4) Many permittees and lessees would like to retire, but
do not have family members willing or able to take over ranch
operations.
(5) Attempts to resolve grazing conflicts with other
multiple uses often require extensive range developments and
monitoring that greatly increases costs to both permittees and
lessees and taxpayers, far out of proportion to the benefit
received.
(6) Certain grazing allotments on Federal lands have, or
are likely to become, unsuitable for livestock production as a
result of the combined effect of the aforementioned factors.
(7) The cost of the Federal grazing program greatly exceeds
revenues to the Federal treasury from grazing receipts.
(8) Many Federal grazing permittees and lessees have
indicated their desire to end their livestock grazing on
Federal lands in exchange for a one-time payment to reasonably
compensate them for the effort and investment that they have
made in a grazing allotment.
(9) Compensating permittees and lessees who relinquish
their grazing permit or lease and end livestock grazing on
Federal lands would help recapitalize an ailing sector of rural
America, by providing economic options to permittees and
lessees that do not presently exist and allowing them to
restructure their ranch operations, start new businesses,
retire with security, or provide a family legacy.
(10) Reasonable compensation for the relinquishment of a
grazing permit or lease will help alleviate the need for
permittees and lessees to sell or subdivide their private
lands.
(11) A voluntary buyout program for grazing permits and
leases will help resolve growing conflicts between livestock
grazing and other multiple uses, and would be ecologically
imperative, economically rational, fiscally prudent, and
socially just.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``animal unit month'' means the amount of
forage needed to sustain one animal unit for one month, as
determined by the Secretary issuing the grazing permit or
lease.
(2) The terms ``grazing permit or lease'' and ``grazing
permit and lease'' mean any document authorizing the use of
Federal lands for the purpose of grazing domestic livestock.
(3) The term ``grazing allotment'' means the designated
portion of Federal land upon which domestic livestock are
permitted to graze by a grazing permit or lease.
(4) The terms ``permittee or lessee'' and ``permittee and
lessee'' mean a livestock operator who holds a valid term
grazing permit or lease.
(5) The term ``range developments'' means structures,
fences and other permanent fixtures placed on Federal lands for
the furtherance of the purpose of grazing domestic livestock.
The term does not include rolling stock, livestock and
diversions of water from Federal lands onto non-Federal lands.
(6) The term ``Secretary'' means the Secretary of
Agriculture, the Secretary of the Interior, the Secretary of
Energy, or the Secretary of Defense, as appropriate to the
administration of the grazing permit or lease at issue.
SEC. 4. VOLUNTARY GRAZING PERMIT BUYOUT PROGRAM.
(a) Waiver of Existing Grazing Permit or Lease.--A permittee or
lessee may waive to the Secretary, at any time, a valid existing
grazing permit or lease authorizing livestock grazing on Federal lands.
(b) Cancellation of Waived Grazing Permit or Lease.--The Secretary
shall cancel grazing permits and leases waived under this section and
permanently retire the associated allotments from domestic livestock
grazing use notwithstanding any other provision of law.
(c) Waiver Priority.--If funds available to carry out this Act are
insufficient to meet all of the offers for the waiver of grazing
permits and leases, the Secretary shall give priority to the waiver of
grazing permits and leases that authorize grazing on the following
Federal lands:
(1) National Wilderness Preservation System unit.
(2) National Wild and Scenic River System unit.
(3) National Park System unit.
(4) National Wildlife Refuge System unit.
(5) An allotment that includes a trail within the National
Trails System.
(6) National Landscape Conservation System unit.
(7) Designated critical habitat for species listed under
the Endangered Species Act of 1973.
(8) Designated wilderness study area.
(9) Roadless and undeveloped areas identified in Forest
Service, Roadless Area Conservation EIS, vol. 2 (Nov. 2000).
(10) Designated Bureau of Land Management Area of Critical
Environmental Concern.
(11) Designated Research Natural Area.
(12) An allotment that includes a ``water quality limited''
stream listed under section 303(d) of the Federal Water
Pollution Control Act.
(13) Stream segments identified as a ``study river'' under
section 5(a) of the Wild and Scenic Rivers Act.
(14) Stream segments identified by the Secretary under
section 5(d)(1) of the Wild and Scenic Rivers Act.
(15) An allotment featuring other scientific, ecological,
scenic, watershed or recreation values.
(d) Relation to Eminent Domain.--Nothing in this Act shall be
interpreted to authorize the use of eminent domain for the purpose of
acquiring a Federal grazing permit or lease.
SEC. 5. COMPENSATION FOR WAIVED GRAZING PERMIT OR LEASE.
(a) Compensation Required; Amount.--A permittee or lessee who
waives a grazing permit or lease to the Secretary under section 4(a)
shall be compensated at $175 per animal unit month, based on the
average grazing use over the preceding 10 years the allotment was
grazed, as stipulated by the grazing permit or lease and paid for by
the permittee or lessee or the predecessors of the permittee or lessee.
Years of grazing nonuse are excluded from this average. In the case
that a permittee or lessee is in arrears of Federal grazing fees, the
amount of fees in arrears shall be deducted from the amount of
compensation otherwise due the permittee or lessee under this section.
(b) Effects of Issuance of Certain Permits or Leases.--A permittee
or lessee who seeks to waive a grazing permit or lease under section 4
for a grazing allotment that was vacant or vacated as of the date of
the enactment of this Act shall only be eligible for compensation under
this section based on the average grazing use over the last ten years,
including any years of grazing nonuse.
(c) Donation of Existing Permit or Lease.--A permittee or lessee
may at any time waive their claim to compensation under this section
and donate to the Secretary a valid existing grazing permit or lease
authorizing livestock grazing on Federal lands. The Secretary shall
cancel donated grazing permits or leases and permanently retire the
associated allotments from domestic livestock grazing use,
notwithstanding any other provision of law.
(d) Relation to Other Authority.--Nothing in this Act shall be
construed to affect the Secretary's authority to otherwise modify or
terminate grazing permits or leases without compensation. Compensation
disbursed pursuant to this section shall not create a property right in
grazing permittees or lessees.
SEC. 6. EFFECT OF WAIVER OR DONATION OF GRAZING PERMIT OR LEASE.
(a) Effect on Range Developments.--A permittee or lessee who waives
a grazing permit or lease to the Secretary under section 4 and receives
compensation under section 5, or donates a grazing permit or lease
under section 6, shall be deemed to have waived any claim to all range
developments on the subject grazing allotments, notwithstanding any
other provision of law.
(b) Securing Retired Allotments Against Unauthorized Use.--The
Secretary shall ensure that allotments retired from grazing under this
Act are rendered reasonably secure from trespass grazing by livestock.
(c) Relation to Other Valid Existing Rights.--Nothing in this Act
affects the allocation, ownership, interest or control, in existence on
the date of enactment of this Act, of any water, water right, or any
other valid existing right held by the United States, Indian tribe,
State, or private individual, partnership or corporation.
SEC. 7. RETIREMENT OF GRAZING ALLOTMENTS FOR WHICH NO VALID GRAZING
PERMIT OR LEASE EXISTS.
The Secretary shall not issue grazing permits or leases for grazing
allotments for which no valid permit or lease exists as of the date of
the enactment of this Act, and shall permanently retire the allotments
from domestic livestock grazing use notwithstanding any other provision
of law.
SEC. 8. EFFECT OF NONUSE OR REDUCED USE.
Notwithstanding any other provision of law, a permittee or lessee
may opt not to graze a grazing allotment or to graze the grazing
allotment at less than the minimum permitted level and still retain the
grazing permit or lease for the remainder of its term. Such nonuse
shall be considered to be in compliance with the terms of the grazing
permit or lease when it becomes due for renewal.
SEC. 9. AUTHORIZATION OF APPROPRIATION.
There is authorized to be appropriated to the Secretaries
$100,000,000, to remain available until expended, to provide
compensation to permittees and lessees under section 5. None of the
funds appropriated pursuant to this section shall be used by any
Federal agency for administrative costs related to the purposes of this
Act. | Voluntary Grazing Permit Buyout Act - Establishes a voluntary grazing permit and lease buyout program for commercial livestock operators on Federal land. Sets forth land priorities if funds are insufficient to meet all buyouts.
Provides for the permanent retirement of grazing allotments which have no valid grazing permits or allotment leases.
States that a permittee or lessee shall maintain the permit or lease for the remainder of its term in instances of nonuse or reduced use. | {"src": "billsum_train", "title": "To provide compensation to livestock operators who voluntarily relinquish a grazing permit or lease on Federal lands, and for other purposes."} | 2,497 | 117 | 0.521671 | 1.456932 | 0.658175 | 3.170732 | 24.719512 | 0.878049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equitable Care for All Veterans
Act''.
SEC. 2. REVISION TO MEDICAL CARE FUNDING ALLOCATION FORMULA FOR
DEPARTMENT OF VETERANS AFFAIRS.
(a) Modification to VERA Formula.--The funding allocation formula
for the Department of Veterans Affairs medical care system known as the
Veterans Equitable Resource Allocation (VERA) system, established
pursuant to section 429 of Public Law 104-204 (110 Stat. 2929), shall
be modified by the Secretary of Veterans Affairs in accordance with
this section. Such modifications shall provide for the incorporation of
regional differences in the cost of providing health care to veterans
(due to different regional cost of living, long travel distance, and
other appropriate factors) as part of the criteria used to determine
the national means differential used in the existing system.
(b) Evaluation.--At the end of the second fiscal year beginning
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall evaluate the effects of the modifications implemented
pursuant to subsection (a) on the regional allocation of funds
available to the Department of Veterans Affairs for health care. The
Secretary shall submit to Congress not later than 60 days after the end
of such fiscal year the determination of the Secretary as to whether
those modifications have resulted in a substantive shift in the funding
allocations among the different service regions of the Veterans Health
Administration compared to the allocations before such modifications.
(c) Contingent Termination of VERA Formula.--If in the report
submitted pursuant to subsection (b) the Secretary of Veterans Affairs
determines that the modifications have not resulted in a substantive
shift in the funding allocations described in that subsection, the
Secretary shall immediately terminate use of the Veterans Equitable
Resource Allocation system for the regional allocation of funds
available to the Department of Veterans Affairs for health care.
SEC. 3. STANDBY ALTERNATIVE SYSTEM.
(a) Development of Replacement Formula.--If pursuant to section
2(c) the Secretary of Veterans Affairs is required to terminate the use
of the Veterans Equitable Resource Allocation system, the Secretary
shall develop a new formula for the allocation of funds appropriated to
the Department of Veterans Affairs for Medical Care to the national
service regions, known as Veterans Integrated Service Networks (VISNs),
of the Department. In developing such formula, the Secretary shall take
the following requirements into account:
(1) For any fiscal year for which the amount appropriated
for Medical Care is an increase from the preceding year, the
funding level provided under the new formula to any VISN may
not be less than the amount provided for the preceding year.
(2) The new formula shall take into account additional
costs incurred by a VISN due to any of the following factors at
that VISN being in excess of the median for all VISNs:
(A) The number of veterans moving into the
geographic area of that VISN.
(B) The median age of veterans in that VISN.
(C) The number of veterans in that VISN requiring
complex care or nursing home care.
(D) The age of Department of Veterans Affairs
health care facilities in that VISN.
(b) Transition Formula.--Until a replacement funding allocation
formula is implemented pursuant to subsection (a), the funding
allocation formula to be applied by the Secretary to amounts
appropriated for veterans medical care shall be the formula in effect
before the Veterans Equitable Resource Allocation system.
SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorization for Replacement Allocation Formula.--There is
authorized to be appropriated to the Department of Veterans Affairs for
fiscal year 2002 the amount of $10,000,000 for purposes of this Act.
(b) Additional ``Medical Care'' Authorizations.--There is
authorized to be appropriated to the Department of Veterans Affairs for
fiscal year 2002 the amount of $100,000,000 for ``Medical Care'' for
the Department of Veterans Affairs. Such amount is in addition to any
other amount authorized to be appropriated to the Department of
Veterans Affairs for fiscal year 2002 and shall be allocated by the
Secretary to the national service regions, known as Veterans Integrated
Service Networks (VISNs), of the Department of Veterans Affairs on the
basis of need, as follows:
(1) First, to the VISN that has experienced the greatest
reduction in funding from the funding levels for fiscal year
1997.
(2) Second, to any other VISN that has experienced an
overall five-year funding decrease.
(3) Third, if any amount appropriated pursuant to such
authorization remains after allocations pursuant to paragraphs
(1) and (2), such amount shall be allocated equally among the
remaining 22 VISNs before implementation of the new formula. | Equitable Care for All Veterans Act - Requires the Secretary of Veterans Affairs to modify the funding allocation formula for the Department of Veterans Affairs medical care system known as the Veterans Resource Allocation (VERA) system to provide for the incorporation of regional differences in the cost of providing health care to veterans as part of the criteria used to determine the national means differential used. Directs the Secretary to evaluate the effects of such modifications on the regional allocation of funds available to the Department of Veterans Affairs for health care and, if the modifications do not result in a substantive shift in such allocations, to terminate VERA.Directs the Secretary, if required to terminate VERA, to develop a new formula for the allocation of funds to the Department's national service regions, known as Veterans Integrated Service Networks (VISNs), that takes into account specified requirements, including additional costs incurred by a VISN because the age of veterans, or the number of veterans requiring complex care, in that VISN exceeds the median for all VISNs.Authorizes additional appropriations to be allocated to VISNs that have experienced funding reductions. | {"src": "billsum_train", "title": "To require the Secretary of Veterans Affairs to modify the formula, known as the Veterans Equitable Resource Allocation (VERA) system, for the allocation of funds appropriated to the Department of Veterans Affairs for medical care to different geographic regions of the Nation, and for other purposes."} | 1,024 | 244 | 0.751133 | 2.151606 | 0.844753 | 4.882353 | 4.681373 | 0.931373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Families Credit Reporting
Act''.
SEC. 2. NOTICE OF STATUS AS AN ACTIVE DUTY MILITARY CONSUMER.
The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--
(1) in section 605, by adding at the end the following:
``(i) Notice of Status as an Active Duty Military Consumer.--
``(1) In general.--With respect to an item of adverse
information about a consumer, if the action or inaction that
gave rise to the item occurred while the consumer was an active
duty military consumer, the consumer may provide appropriate
proof, including official orders, to a consumer reporting
agency that the consumer was an active duty military consumer
at the time such action or inaction occurred, and any consumer
report provided by the consumer reporting agency that includes
the item shall clearly and conspicuously disclose that the
consumer was an active duty military consumer when the action
or inaction that gave rise to the item occurred.
``(2) Model form.--The Bureau shall prepare a model form,
which shall be made publicly available, including in an
electronic format, that allows a consumer to--
``(A) notify, and provide appropriate proof to, a
consumer reporting agency in a simple and easy manner,
including electronically, that the consumer is an
active duty military consumer; and
``(B) provide contact information of the consumer
for the purpose of communicating with the consumer
while the consumer is an active duty military
consumer.'';
(2) in section 605A--
(A) in subsection (c)--
(i) by redesignating paragraphs (1), (2),
and (3) as subparagraphs (A), (B), and (C),
respectively, and adjusting the margins
accordingly;
(ii) in the matter preceding subparagraph
(A), as so redesignated, by striking ``Upon''
and inserting the following:
``(1) In general.--Upon''; and
(iii) by adding at the end the following:
``(2) Negative information notification.--If a consumer
reporting agency receives an item of adverse information about
a consumer who has provided appropriate proof that the consumer
is an active duty military consumer, the consumer reporting
agency shall promptly notify the consumer--
``(A) that the consumer reporting agency has
received the item of adverse information, along with a
description of the item; and
``(B) the method by which the consumer may dispute
the validity of the item.
``(3) Contact information for active duty military
consumers.--If a consumer who has provided appropriate proof to
a consumer reporting agency that the consumer is an active duty
military consumer provides the consumer reporting agency with
contact information for the purpose of communicating with the
consumer while the consumer is an active duty military
consumer, the consumer reporting agency shall use such contact
information for all communications while the consumer is an
active duty military consumer.
``(4) Sense of congress.--It is the sense of Congress that
any person making use of a consumer report that contains an
item of adverse information should, if the action or inaction
that gave rise to the item occurred while the consumer was an
active duty military consumer, take such fact into account when
evaluating the creditworthiness of the consumer.''; and
(B) in subsection (e), by striking paragraph (3)
and inserting the following:
``(3) subparagraphs (A) and (B) of subsection (c)(1), in
the case of a referral under subsection (c)(1)(C).''; and
(3) in section 611(a)(1), by adding at the end the
following:
``(D) Notice of dispute related to active duty
military consumers.--With respect to an item of
information described under subparagraph (A) that is
under dispute, if the consumer to whom the item relates
has notified the consumer reporting agency, and has
provided appropriate proof, that the consumer was an
active duty military consumer at the time the action or
inaction that gave rise to the disputed item occurred,
the consumer reporting agency shall--
``(i) include such fact in the file of the
consumer; and
``(ii) indicate such fact in each consumer
report that includes the disputed item.''. | Military Families Credit Reporting Act This bill amends the Fair Credit Reporting Act with respect to an item of adverse information about an active duty military consumer. Declares that, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer, then: (1) the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was an active duty military consumer at the time the action or inaction occurred; and (2) any consumer report made by the agency including that item of information shall clearly and conspicuously disclose that the consumer was an active duty military consumer when the action or inaction that gave rise to the item occurred. Requires the Consumer Financial Protection Bureau to prepare and make publicly available a model form that allows a consumer to: (1) notify a consumer reporting agency that the consumer is an active duty military consumer, and (2) provide the consumer's contact information for communicating with the consumer while he or she is an active duty military consumer. Requires a consumer reporting agency to notify promptly an active duty military consumer whenever it receives an item of adverse information about him or her, along with a description of the item and the method by which the consumer can dispute the validity of the item. Requires an agency also to use any separate contact information an active duty military consumer has given it for all communications while the individual is an active duty military consumer. Declares the sense of Congress that any person making use of a consumer report containing an item of adverse information that occurred while the consumer was an active duty military consumer should take that fact into account when evaluating the consumer's creditworthiness. Requires a consumer reporting agency, with respect to an item of information under dispute by an active duty military consumer, to include in the consumer's file that he or she was an active duty military consumer at the time the action or inaction that gave rise to the disputed item occurred, and indicate this fact in each consumer report that includes the disputed item. | {"src": "billsum_train", "title": "Military Families Credit Reporting Act"} | 946 | 433 | 0.752091 | 2.277885 | 0.87846 | 5.017812 | 2.315522 | 0.92112 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``West Virginia
Rivers Conservation Act of 1993''.
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
TITLE I--BOUNDARY MODIFICATIONS
Sec. 101. New River Gorge National River.
Sec. 102. Gauley River National Recreation Area.
Sec. 103. Bluestone National Scenic River.
TITLE II--UPPER NEW NATIONAL WILD AND SCENIC RIVER
Sec. 201. Designation of upper New River, West Virginia.
TITLE III--ELK RIVER
Sec. 301. Designation of Elk River as a study river.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Consolidated management.
Sec. 402. Miscellaneous amendments.
Sec. 403. Gauley access.
Sec. 404. Visitor center.
Sec. 405. Extension.
TITLE I--BOUNDARY MODIFICATIONS
SEC. 101. NEW RIVER GORGE NATIONAL RIVER.
Section 1101 of the National Parks and Recreation Act of 1978 (16
U.S.C. 460m-15) is amended by striking out ``NERI-80,023, dated January
1987'' and inserting ``NERI-80,028, dated January 1993''.
SEC. 102. GAULEY RIVER NATIONAL RECREATION AREA.
Section 201(b) of the West Virginia National Interest River
Conservation Act of 1987 (16 U.S.C. 460ww(b)) is amended by striking
out ``NRA-GR/20,000A and dated July 1987'' and inserting ``GARI-80,001
and dated January 1993''.
SEC. 103. BLUESTONE NATIONAL SCENIC RIVER.
Section 3(a)(65) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(65)) is amended by striking out ``WSR-BLU/20,000, and dated
January 1987'' and inserting ``BLUE-80,004, and dated January 1993''.
TITLE II--UPPER NEW NATIONAL WILD AND SCENIC RIVER
SEC. 201. DESIGNATION OF UPPER NEW RIVER, WEST VIRGINIA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding the following new paragraph at the end:
``( ) Upper New River, West Virginia.--(A) The segment in Summers
County, West Virginia, from the West Virginia-Virginia State line
downstream for approximately 14.5 miles as depicted on the boundary map
entitled `Upper New Wild and Scenic River', numbered UPNE 80,000 and
dated January 1993; to be administered by the Secretary of the Interior
as a wild and scenic river.
``(B) The acreage limitation set forth in subsection (b) shall not
apply to the segment designated under this paragraph. Nothing in this
Act shall preclude the improvement of any existing road or right-of-way
within the boundaries of the segment designated under this paragraph.
``(C) Jurisdiction over all lands and improvements on such lands
owned by the United States within the boundaries of the segment
designated under this paragraph is hereby transferred without
reimbursement to the administrative jurisdiction of the Secretary of
the Interior, subject to leases in effect on the date of enactment of
this paragraph (or renewed thereafter) between the United States and
the State of West Virginia with respect to the Bluestone Wildlife
Management Area.
``(D) Nothing in this Act shall affect the management by the State
of West Virginia of hunting and fishing within the segment designated
under this paragraph. Nothing in this Act shall affect or impair the
management by the State of West Virginia of other wildlife activities
in the Bluestone Wildlife Management Area to the extent permitted in
the lease agreement as in effect on the date of enactment of this
paragraph, and such management may be continued pursuant to renewal of
such lease agreement. If requested to do so by the State of West
Virginia, the Secretary may terminate or modify such leases and assume
administrative authority over all or part of the areas concerned.
``(E) Nothing in the designation of the segment referred to in this
paragraph shall affect or impair the management of the Bluestone
project or the authority of any department, agency, or instrumentality
of the United States to carry out the project purposes of that
project.''.
TITLE III--ELK RIVER
SEC. 301. DESIGNATION OF ELK RIVER AS A STUDY RIVER.
The Secretary of the Interior shall conduct a study of the segment
of the Elk River, West Virginia, from Slatyfork in Pocahontas County,
to Centralia in Braxton County, to determine its eligibility and
suitability as either--
(1) a component of the national wild and scenic rivers
system,
(2) a unit of the National Park System as a national river,
or
(3) a unit of the National Park System as a national
recreation area.
The Secretary shall submit a report containing the results of such
study to the Committee on Natural Resources of the United States House
of Representatives and to the Committee on Energy and Natural Resources
of the United States Senate within 3 years after the enactment of this
Act. Nothing in this section shall affect or impair the management of
the Sutton project or the authority of any department, agency, or
instrumentality of the United States to carry out the project purposes
of that project as of the date of enactment of this section.
TITLE IV--GENERAL PROVISIONS
SEC. 401. CONSOLIDATED MANAGEMENT.
In order to achieve the maximum economy and efficiency of
operations in the administration of the segment of the New River
designated pursuant to title II, the Secretary of the Interior shall
consolidate offices and personnel administering such segment with
offices and personnel administering the New River Gorge National River,
the Gauley River National Recreation Area, and the Bluestone National
Scenic River to the extent practicable, and shall utilize facilities of
the New River Gorge National River to the extent practicable.
SEC. 402. MISCELLANEOUS PROVISIONS
Title XI of the National Parks and Recreation Act of 1978 (16
U.S.C. 460m-15 and following) is amended by adding the following new
section at the end thereof:
``SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.
``(a) Cooperative Agreements.--The provisions of section 202(e)(1)
of the West Virginia National Interest River Conservation Act of 1987
(16 U.S.C. 460ww-1(e)(1)) shall apply to the New River Gorge National
River in the same manner and to the same extent as such provisions
apply to the Gauley River National Recreation Area.
``(b) Remnant Lands.--The provisions of the second sentence of
section 203(a) of the West Virginia National Interest River
Conservation Act of 1987 (16 U.S.C. 460ww-2(a)) shall apply to tracts
of land partially within the boundaries of the New River Gorge National
River in the same manner and to the same extent as such provisions
apply to tracts of land only partially within the Gauley River National
Recreation Area.''.
SEC. 403. GAULEY ACCESS.
Section 202(e) of the West Virginia National Interest River
Conservation Act of 1987 (16 U.S.C. 460ww-1(e)) is amended by adding
the following new paragraph at the end thereof:
``(4) Access to River.--(A) In order to facilitate public safety,
use, and enjoyment of the recreation area, and to protect, to the
maximum extent feasible, the scenic and natural resources of the area,
the Secretary is authorized and directed to acquire such lands or
interests in lands and to take such actions as are necessary to provide
access by noncommercial entities on the north side of the Gauley River
at the area known as Woods Ferry utilizing existing roads and rights-
of-way. Such actions by the Secretary shall include the construction of
parking and related facilities in the vicinity of Woods Ferry for
noncommercial use on lands acquired pursuant to paragraph (3) or on
lands acquired with the consent of the owner thereof within the
boundaries of the recreation area.
``(B) If necessary, in the discretion of the Secretary, in order to
minimize environmental impacts, including visual impacts, within
portions of the recreation area immediately adjacent to the river, the
Secretary may, by contract or otherwise, provide transportation
services for noncommercial visitors, at reasonable cost, between such
parking facilities and the river.
``(C) Nothing in subparagraph (A) shall affect the rights of any
person to continue to utilize, pursuant to a lease in effect on April
1, 1993, any right of way acquired pursuant to such lease which
authorizes such person to use an existing road referred to in
subparagraph (A). Except as provided under paragraph (2) relating to
access immediately downstream of the Summersville project, until there
is compliance with this paragraph the Secretary is prohibited from
acquiring or developing any other river access points within the
recreation area.''.
SEC. 404. VISITOR CENTER.
The Secretary of the Interior is authorized and directed to
construct a visitor center and such other related facilities as may be
deemed necessary to facilitate visitor understanding and enjoyment of
the New River Gorge National River and the Gauley River National
Recreation Area in the vicinity of the confluence of the New and Gauley
Rivers at Gauley Bridge, West Virginia. Such center and related
facilities are authorized to be constructed at a site outside of the
boundary of the New River Gorge National River or the Gauley River
National Recreation Area unless a suitable site is available within the
boundaries of either unit.
SEC. 405. EXTENSION.
For a 5-year period following the date of enactment of this Act,
the provisions of the Wild and Scenic Rivers Act applicable to river
segments designated for study for potential addition to the wild and
scenic rivers system under section 5(b) of that Act shall apply to
those segments of the Bluestone and Meadow Rivers which were found
eligible in the studies completed by the National Park Service in
August 1983 but which were not designated by the West Virginia National
Interest River Conservation Act of 1987 as part of the Bluestone
National Scenic River or as part of the Gauley River National
Recreation Area, as the case may be. | TABLE OF CONTENTS:
Title I: Boundary Modifications
Title II: Upper New National Wild and Scenic River
Title III: Elk River
Title IV: General Provisions
West Virginia Rivers Conservation Act of 1993 -
Title I: Boundary Modifications
- Amends the National Parks and Recreation Act of 1978, the West Virginia National Interest River Conservation Act of 1987, and the Wild and Scenic Rivers Act to modify boundaries of the: (1) New River Gorge National River; (2) Gauley River National Recreation Area; and (3) Bluestone National Scenic River.
Title II: Upper New National Wild and Scenic River
- Amends the Wild and Scenic Rivers Act to designate a segment of the Upper New River, West Virginia, as a component of the National Wild and Scenic River System.
Title III: Elk River
- Directs the Secretary of the Interior to study and report to specified congressional committees on the eligibility and suitability of designating a specified segment of the Elk River, West Virginia, as either a component of the National Wild and Scenic Rivers System or a unit of the National Park System (NPS) as a national river or recreation area.
Title IV: General Provisions
- Calls for consolidated management between offices and personnel administering the segment of the Upper New River designated by this Act and offices and personnel administering the New River Gorge National River, the Gauley River National Recreation Area, and the Bluestone National Scenic River.
Amends the National Parks and Recreation Act of 1978 to make provisions of the West Virginia National Interest River Conservation Act of 1987 (the Act) relating to cooperative agreements and remnant lands in the Gauley River National Recreation Area applicable to the New River Gorge National River.
Amends the Act to set forth provisions relating to access of the Gauley River National Recreation Area by certain noncommercial entities.
Authorizes the Secretary to construct a visitor center in the vicinity of the confluence of the New and Gauley Rivers at Gauley Bridge, West Virginia.
Extends certain provisions of the Wild and Scenic Rivers Act with respect to segements of the Bluestone and Meadow Rivers that were found eligible in studies completed by NPS in 1983 but that were not designated as part of the Bluestone National Scenic River or the Gauley River National Recreation Area under the Act. | {"src": "billsum_train", "title": "West Virginia Rivers Conservation Act of 1993"} | 2,359 | 520 | 0.70778 | 2.128663 | 0.714403 | 4.372768 | 4.5 | 0.917411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gambling ATM and Credit/Debit Card
Reform Act''.
SEC. 2. IMPLEMENTATION OF THE NATIONAL GAMBLING IMPACT STUDY
COMMISSION'S RECOMMENDATIONS RELATING TO BANKING AND
CREDIT.
(a) Initiation of Electronic Fund Transfers in Gambling
Establishments.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et
seq.) is amended--
(1) by redesignating sections 918, 919, 920, and 921 as
sections 919, 920, 921, and 922, respectively; and
(2) by inserting after section 917 the following new
section:
``SEC. 918. PLACEMENT OF ELECTRONIC TERMINALS IN GAMBLING
ESTABLISHMENTS.
``(a) In General.--No person may place, or cause to be placed, an
electronic terminal in the immediate area of a gambling establishment
where any form of wager or bet is made or accepted, any game of chance
is played, any gambling device is used, or any other form of gambling
is carried on.
``(b) Regulations.--
``(1) In general.--The Board shall prescribe such
regulations as the Board may consider to be appropriate to
ensure that the initation of electronic fund transfers by
consumers is kept, to the extent practicable, physically
segregated from any activity described in subsection (a).
``(2) Separate setting.--Such regulations shall include a
clear delineation of the setting in which, and the
circumstances under which, any use of an electronic terminal or
credit card referred to in paragraph (1) should be conducted in
a location physically segregated from an area where any
activity described in subsection (a) is routinely carried on.
``(c) Liability.--For purposes of section 915, a failure to comply
with the requirements of subsection (a) with regard to any electronic
terminal shall be considered a failure to comply with a provision of
this title with respect to any consumer who initiates an electronic
fund transfer at such terminal while such violation continues.
``(d) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Gambling device.--The term `gambling device' has the
meaning given to such term in section 41311(b) of title 49,
United States Code.
``(2) Gambling establishment.--The term `gambling
establishment' has the meaning given to such term in section
1081 of title 18, United States Code.''.
(b) Use of Credit Cards To Initiate Extensions of Credit in
Gambling Establishments.--
(1) In general.--Chapter 2 of the Truth in Lending Act (15
U.S.C. 1631 et seq.) is amended by adding at the end the
following new section:
``SEC. 140. PROHIBITION ON INITIATION OF EXTENSIONS OF CREDIT IN
CERTAIN GAMBLING AREAS WITHIN GAMBLING ESTABLISHMENTS.
``(a) In General.--No person may--
``(1) place, or cause to be placed, an electronic terminal;
or
``(2) otherwise accept the use of a credit card by a
consumer to initiate a consumer credit transaction to pay for
money, property, or services obtained by the consumer,
in the immediate area of a gambling establishment where any form of
wager or bet is made or accepted, any game of chance is played, any
gambling device is used, or any other form of gambling is carried on.
``(b) Regulations.--
``(1) In general.--The Board shall prescribe such
regulations as the Board may consider to be appropriate to
ensure that the use of an electronic terminal or the use of a
credit card to initiate a consumer credit transaction to pay for money,
property, or services obtained by a consumer is kept, to the extent
practicable, physically segregated from any activity described in
subsection (a).
``(2) Separate setting.--Such regulations shall include a
clear delineation of the setting in which, and the
circumstances under which, any use of an electronic terminal or
credit card referred to in paragraph (1) should be conducted in
a location physically segregated from an area where any
activity described in subsection (a) is routinely carried on.
``(c) Civil Liability.--
``(1) In general.--Any person who fails to comply with any
provision of this title with respect to any electronic terminal
or the acceptance of a credit card to initiate a consumer
credit transaction at a place in a gambling establishment that
constitutes a violation shall be liable to any consumer who
uses the electronic terminal or provides a credit card at such
place in an amount equal to the sum of the amounts determined
under each of the following subparagraphs:
``(A) Actual damages.--The greater of--
``(i) the amount of any actual damage
sustained by the consumer as a result of such
failure; or
``(ii) any amount paid, directly or with
the proceeds of the credit transaction, by the
consumer to such person.
``(B) Punitive damages.--
``(i) Individual actions.--In the case of
any action by an individual, such additional
amount as the court may allow.
``(ii) Class actions.--In the case of a
class action, the sum of--
``(I) the aggregate of the amount
which the court may allow for each
named plaintiff; and
``(II) the aggregate of the amount
which the court may allow for each
other class member, without regard to
any minimum individual recovery.
``(C) Attorneys' fees.--In the case of any
successful action to enforce any liability under
subparagraph (A) or (B), the costs of the action,
together with reasonable attorneys' fees.
``(2) Factors to be considered in awarding punitive
damages.--In determining the amount of any liability of any
person under paragraph (1)(B), the court shall consider, among
other relevant factors--
``(A) the frequency and persistence of
noncompliance by such person;
``(B) the nature of the noncompliance;
``(C) the extent to which such noncompliance was
intentional; and
``(D) in the case of any class action, the number
of consumers adversely affected.
``(d) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Electronic terminal.--The term `electronic
terminal'--
``(A) means an electronic device, other than a
telephone operated by a consumer, through which a
consumer may initiate a consumer credit transaction in
payment for any money, property, or services obtained
by the consumer; and
``(B) includes point-of-sale terminals, automated
teller machines, and cash dispensing machines
``(2) Gambling device.--The term `gambling device' has the
meaning given to such term in section 41311(b) of title 49,
United States Code.
``(3) Gambling establishment.--The term `gambling
establishment' has the meaning given to such term in section
1081 of title 18, United States Code.''.
(2) Clerical amendment.--The table of sections for chapter
2 of the Truth in Lending Act is amended by inserting after the
item relating to section 139 the following new item:
``140. Prohibition on initiation of extensions of credit in certain
gambling areas within gambling
establishments.''. | Gambling ATM and Credit/Debit Card Reform Act - Amends the Electronic Fund Transfer Act and the Truth in Lending Act to prohibit the placement of an electronic terminal for initiating a consumer credit transaction (including an automated teller machine or a point-of-sale terminal) or the acceptance of a credit card to initiate such a transaction in the immediate area of a gambling establishment where any form of gambling is going on. Makes violators of this prohibition liable to consumers for actual and punitive damages. | {"src": "billsum_train", "title": "To implement certain recommendations of the National Gambling Impact Study Commission by prohibiting the placement of automated teller machines or any device by which an extension of credit or an electronic fund transfer may be initiated by a consumer in the immediate area in a gambling establishment where gambling or wagering takes place."} | 1,719 | 116 | 0.531852 | 1.468603 | 0.571223 | 3.925532 | 16.106383 | 0.904255 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Financial Aid Data Privacy
Protection Act''.
SEC. 2. NATIONAL STUDENT LOAN DATA SYSTEM.
Section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b)
is amended--
(1) by redesignating subsections (d) through (g) as
subsections (e) through (h), respectively;
(2) by inserting after subsection (c) the following:
``(d) Principles for Administering the Data System.--In managing
the National Student Loan Data System, the Secretary shall take actions
necessary to maintain confidence in the data system, including, at a
minimum--
``(1) ensuring that the primary purpose of access to the
data system by guaranty agencies, eligible lenders, and
eligible institutions of higher education is for legitimate
program operations, such as the need to verify the eligibility
of a student, potential student, or parent for loans under part
B, D, or E;
``(2) prohibiting nongovernmental researchers and policy
analysts from accessing personally identifiable information;
``(3) creating a disclosure form for students and potential
students that is distributed when such students complete the
common financial reporting form under section 483, and as a
part of the exit counseling process under section 485(b),
that--
``(A) informs the students that any title IV grant
or loan the students receive will be included in the
National Student Loan Data System, and instructs the
students on how to access that information;
``(B) describes the categories of individuals or
entities that may access the data relating to such
grant or loan through the data system, and for what
purposes access is allowed;
``(C) defines and explains the categories of
information included in the data system;
``(D) provides a summary of the provisions of the
Federal Educational Rights and Privacy Act of 1974 and
other applicable Federal privacy statutes, and a
statement of the students' rights and responsibilities
with respect to such statutes;
``(E) explains the measures taken by the Department
to safeguard the students' data; and
``(F) includes other information as determined
appropriate by the Secretary;
``(4) requiring guaranty agencies, eligible lenders, and
eligible institutions of higher education that enter into an
agreement with a potential student, student, or parent of such
student regarding a loan under part B, D, or E, to inform the
student or parent that such loan shall be--
``(A) submitted to the data system; and
``(B) accessible to guaranty agencies, eligible
lenders, and eligible institutions of higher education
determined by the Secretary to be authorized users of
the data system;
``(5) regularly reviewing the data system to--
``(A) delete inactive users from the data system;
``(B) ensure that the data in the data system are
not being used for marketing purposes; and
``(C) monitor the use of the data system by
guaranty agencies and eligible lenders to determine
whether an agency or lender is accessing the records of
students in which the agency or lender has no existing
financial interest; and
``(6) developing standardized protocols for limiting access
to the data system that include--
``(A) collecting data on the usage of the data
system to monitor whether access has been or is being
used contrary to the purposes of the data system;
``(B) defining the steps necessary for determining
whether, and how, to deny or restrict access to the
data system; and
``(C) determining the steps necessary to reopen
access to the data system following a denial or
restriction of access.''; and
(3) by striking subsection (e) (as redesignated by
paragraph (1)) and inserting the following:
``(e) Reports to Congress.--
``(1) Annual report.--Not later than September 30 of each
fiscal year, the Secretary shall prepare and submit to the
appropriate committees of Congress a report describing--
``(A) the results obtained by the establishment and
operation of the National Student Loan Data System
authorized by this section;
``(B) the effectiveness of existing privacy
safeguards in protecting student and parent information
in the data system;
``(C) the success of any new authorization
protocols in more effectively preventing abuse of the
data system;
``(D) the ability of the Secretary to monitor how
the system is being used, relative to the intended
purposes of the data system; and
``(E) any protocols developed under subsection
(d)(6) during the preceding fiscal year.
``(2) Study.--
``(A) In general.--The Secretary shall conduct a
study regarding--
``(i) available mechanisms for providing
students and parents with the ability to opt in
or opt out of allowing eligible lenders to
access their records in the National Student
Loan Data System; and
``(ii) appropriate protocols for limiting
access to the data system, based on the risk
assessment required under subchapter III of
chapter 35 of title 44, United States Code.
``(B) Submission of study.--Not later than 3 years
after the date of enactment of the Student Financial
Aid Data Privacy Protection Act, the Secretary shall
prepare and submit a report on the findings of the
study to the appropriate committees of Congress.''. | Student Financial Aid Data Privacy Protection Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to take actions necessary to maintain confidence in the National Student Loan Data System, at a minimum: (1) ensuring that guaranty agencies, lenders, and schools primarily access it for legitimate program operations; (2) prohibiting nongovernmental researchers or policy analysts from accessing personally identifiable information; (3) creating a disclosure form for actual and potential students describing the contents of, and access to, the system; (4) requiring guaranty agencies, lenders, and schools to inform borrowers of Federal Family Education Loans, Direct Loans, and Perkins Loans that such a loan will be submitted to the system and accessible to such entities; (5) regularly review the system to delete inactive users, monitor use, and ensure that data is not used for marketing purposes; and (6) developing standardized protocols for limiting access.
Requires the Secretary to study and report to Congress on: (1) mechanisms giving borrowers the option of restricting lender access to their system records; and (2) appropriate risk-based protocols for limiting access. | {"src": "billsum_train", "title": "A bill to improve the National Student Loan Data System."} | 1,166 | 242 | 0.654272 | 2.091303 | 0.920148 | 3.263636 | 5.240909 | 0.9 |
SECTION 1. CREDIT TO HOLDERS OF INDIAN TRIBAL PRISON FACILITY BONDS.
(a) In General.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to credits against tax) is
amended by adding at the end the following new subpart:
``Subpart H--Nonrefundable Credit for Holders of Indian Tribal Prison
Facility Bonds
``Sec. 54. Credit to holders of Indian
tribal prison facility bonds.
``SEC. 54. CREDIT TO HOLDERS OF INDIAN TRIBAL PRISON FACILITY BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds an
Indian tribal prison facility 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 Indian tribal prison
facility bond is the amount equal to the product of--
``(A) the credit rate determined by the Secretary
under paragraph (2) for the month in which such bond
was issued, multiplied by
``(B) the face amount of the bond held by the
taxpayer on the credit allowance date.
``(2) Determination.--During each calendar month, the
Secretary shall determine a credit rate which shall apply to
bonds issued during the following calendar month. The credit
rate for any month is the percentage which the Secretary
estimates will permit the issuance of Indian tribal prison
facility bonds without discount and without interest cost to
the issuer.
``(c) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this part
(other than this subpart and subpart C).
``(d) 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 (c)) and the amount so
included shall be treated as interest income.
``(e) Indian Tribal Prison Facility Bond.--For purposes of this
part, the term `Indian tribal prison facility bond' means any bond
issued as part of an issue if--
``(1) 95 percent or more of the proceeds of such issue are
to be invested in investment grade obligations and the proceeds
from such investment are used for the construction,
acquisition, rehabilitation, expansion, or operating expanses
of a qualified Indian tribal prison facility,
``(2) the bond is issued by the Indian tribe within the
jurisdiction of which such facility is located,
``(3) the bond is issued pursuant to a plan developed by
the Indian tribe,
``(4) the issuer designates such bond for purposes of this
section,
``(5) the term of each bond which is part of such issue
does not exceed 10 years, and
``(6) no amount of proceeds of such issue (including
proceeds from any investment under paragraph (1)) may be used
to pay the costs of issuance to the extent such amount exceeds
2 percent of the sale proceeds of such issue.
``(f) Qualified Indian Tribal Prison Facility.--For purposes of
this section, the term `qualified Indian tribal prison facility' means
any residential correctional or detention facility located on the
qualified Indian land of the issuing Indian tribe substantially all of
the inmates of which are adult or juvenile members of such Indian
tribe.
``(g) Limitation on Amount of Bonds Designated; Allocation of
Bonds.--
``(1) National limitation.--There is an Indian tribal
prison facility bond limitation for each calendar year. Such
limitation is--
``(A) $200,000,000 for 2005,
``(B) $200,000,000 for 2006,
``(C) $200,000,000 for 2007, and
``(D) except as provided in paragraph (3), zero
thereafter.
``(2) Allocation of bonds.--
``(A) In general.--The Secretary, after
consultation with the Secretary of the Interior, shall
allocate the Indian tribal prison facility bond
limitation among those Indian tribes which submit a
plan which contains a description of the proposed use
of investment proceeds, assurances that such proceeds
will be used only for such use, a proposed expenditure
schedule, information relevant to the criteria
described in subparagraph (B), and any other
information determined appropriate by the Secretary.
``(B) Approval criteria.--In allocating the
limitation among plan requests of Indian tribes under
subparagraph (A), the Secretary shall consider--
``(i) the percentage of prison overcrowding
in excess of the facility occupancy level as
determined by the Bureau of Indian Affairs,
``(ii) the condition of existing
facilities,
``(iii) the health and safety of both
inmates and prison employees,
``(iv) the type of offenders incarcerated,
and
``(v) other financial resources available
to the Indian tribe.
``(3) Carryover of unused issuance limitation.--If for any
calendar year the limitation amount imposed by paragraph (1)
exceeds the amount of Indian tribal prison facility bonds
issued during such year, such excess shall be carried forward
to one or more succeeding calendar years as an addition to the
limitation imposed by paragraph (1) and until used by issuance
of such bonds.
``(h) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Credit allowance date.--The term `credit allowance
date' means, with respect to any issue, the last day of the 1-
year period beginning on the date of the issuance of such issue
and the last day of each successive 1-year period thereafter.
``(2) Bond.--The term `bond' includes any obligation.
``(3) Indian tribe.--The term `Indian tribe' has the
meaning given such term by section 7871(c)(3)(E)(ii).
``(4) Qualified indian lands.--The term `qualified Indian
lands' has the meaning given such term by section
7871(c)(3)(E)(i).
``(5) Partnership; s corporation; and other pass-thru
entities.--In the case of a partnership, trust, S corporation,
or other pass-thru entity, rules similar to the rules of
section 41(g) shall apply with respect to the credit allowable
under subsection (a).
``(6) Bonds held by regulated investment companies.--If any
Indian tribal prison facility 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.
``(7) Reporting.--Each Indian tribe with an allocation of
Indian tribal prison facility bonds under an approved plan
shall submit reports similar to the reports required under
section 149(e).''.
(b) Conforming Amendments.--
(1) Reporting.--Subsection (d) of section 6049 of the
Internal Revenue Code of 1986 (relating to returns regarding
payments of interest) is amended by adding at the end the
following new paragraph:
``(8) Reporting of credit on indian tribal prison facility
bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 54(d) and such amounts shall
be treated as paid on the credit allowance date (as
defined in section 54(h)(1)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A), subsection
(b)(4) shall be applied without regard to subparagraphs
(A), (H), (I), (J), (K), and (L)(i) of such subsection.
``(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.''.
(2) Treatment for estimated tax purposes.--
(A) Individual.--Section 6654 of such Code
(relating to failure by individual to pay estimated
income tax) is amended by redesignating subsection (m)
as subsection (n) and by inserting after subsection (l)
the following new subsection:
``(m) Special Rule for Holders of Indian Tribal Prison Facility
Bonds.--For purposes of this section, the credit allowed by section 54
to a taxpayer by reason of holding an Indian tribal prison facility
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.''.
(B) Corporate.--Subsection (g) of section 6655 of
such Code (relating to failure by corporation to pay
estimated income tax) is amended by adding at the end
the following new paragraph:
``(5) Special rule for holders of indian tribal prison
facility bonds.--For purposes of this section, the credit
allowed by section 54 to a taxpayer by reason of holding an
Indian tribal prison facility 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.''.
(c) Clerical Amendments.--
(1) The table of subparts for part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new item:
``Subpart H. Nonrefundable Credit for
Holders of Indian Tribal Prison
Facility Bonds.''.
(2) Section 6401(b)(1) of such Code is amended by striking
``and G'' and inserting ``G, and H''.
(d) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2004. | Amends the Internal Revenue Code to allow a nonrefundable tax credit for investment in Indian tribal prison facility bonds. Requires that 95 percent of the proceeds of such bonds be used for the construction, acquisition, rehabilitation, expansion, or operating expenses of Indian tribal prison facilities and that the term of such bonds not exceed ten years.
Establishes a national limitation for Indian tribal prison facility bonds in 2005 through 2007, with no limitation after 2007. Allows a carryover of unused bond limitation amounts to succeeding calendar years. Directs the Secretary of the Treasury to allocate bond amounts to Indian tribes based upon specified criteria, including overcrowding, the condition of existing facilities, the health and safety of both inmates and prison employees, and other financial resources available to an Indian tribe. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide funding for Indian tribal prison facilities, and for other purposes."} | 2,245 | 167 | 0.560982 | 1.469451 | 0.68326 | 2.889655 | 14.455172 | 0.917241 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Wind for Territories Act''.
SEC. 2. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT
TO TERRITORIES OF THE UNITED STATES.
(a) In General.--Section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331) is amended--
(1) in paragraph (a)--
(A) by inserting after ``control'' the following:
``or lying within the exclusive economic zone of the
United States and the outer Continental Shelf adjacent
to any territory or possession of the United States'';
and
(B) by adding at the end before the semicolon the
following: ``, except that such term shall not include
any area conveyed by Congress to a territorial
government for administration'';
(2) in paragraph (p), by striking ``and'' after the
semicolon at the end;
(3) in paragraph (q), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(r) The term `State' includes each territory of the United
States.''.
(b) Exclusions.--Section 18 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1344) is amended by adding at the end the following:
``(i) This section shall not apply to the scheduling of lease sales
in the outer Continental Shelf adjacent to the territories and
possessions of the United States.''.
SEC. 3. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE
UNITED STATES.
Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338)
is amended--
(1) by striking ``All rentals'' and inserting the
following:
``(a) In General.--Except as otherwise provided in law, all
rentals''; and
(2) by adding at the end the following:
``(b) Disposition of Revenues to Territories of the United
States.--Of the rentals, royalties, and other sums paid to the
Secretary under this Act from a lease for an area of land on the outer
Continental Shelf adjacent to a territory and lying within the
exclusive economic zone of the United States pertaining to such
territory, and not otherwise obligated or appropriated--
``(1) 50 percent shall be deposited in the Treasury and
credited to miscellaneous receipts;
``(2) 12.5 percent shall be deposited in the Coral Reef
Conservation Fund established under section 211 of the Coral
Reef Conservation Act of 2000; and
``(3) 37.5 percent shall be disbursed to territories of the
United States in an amount for each territory (based on a
formula established by the Secretary by regulation) that is
inversely proportional to the respective distance between the
point on the coastline of the territory that is closest to the
geographic center of the applicable leased tract and the
geographic center of the leased tract.''.
SEC. 4. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.
(a) Conditional Wind Lease Sales in Territories of the United
States.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
is amended by adding at the end the following:
``SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.
``(a) Authorization.--The Secretary may conduct wind lease sales on
the outer Continental Shelf.
``(b) Wind Lease Sale Procedure.--Any wind lease sale conducted
under this section shall be considered a lease under section 8(p).
``(c) Wind Lease Sales Off Coasts of Territories of the United
States.--
``(1) Study on feasibility of conducting wind lease
sales.--
``(A) In general.--The Secretary shall conduct a
study on the feasibility, including the technological
and long-term economic feasibility, of conducting wind
lease sales on an area of the outer Continental Shelf
within the territorial jurisdiction of American Samoa,
Guam, the Northern Mariana Islands, Puerto Rico, and
the Virgin Islands of the United States.
``(B) Consultation.--In conducting the study
required in paragraph (A), the Secretary shall
consult--
``(i) the National Renewable Energy
Laboratory of the Department of Energy; and
``(ii) the Governor of each of American
Samoa, Guam, the Northern Mariana Islands,
Puerto Rico, and the Virgin Islands of the
United States.
``(C) Publication.--The study required in paragraph
(A) shall be published in the Federal Register for
public comment for not fewer than 60 days.
``(D) Submission of results.--Not later than 18
months after the date of the enactment of this section,
the Secretary shall submit the results of the study
conducted under subparagraph (A) to:
``(i) the Committee on Energy and Natural
Resources of the Senate;
``(ii) the Committee on Natural Resources
of the House of Representatives; and
``(iii) each of the delegates or resident
commissioner to the House of Representatives
from American Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, and the Virgin Islands of
the United States, respectively.
``(E) Public availability.--The study required
under subparagraph (A) and results submitted under
subparagraph (C) shall be made readily available on a
public Government internet website.
``(2) Call for information and nominations.--The Secretary
shall issue a call for information and nominations for proposed
wind lease sales for areas determined to be feasible under the
study conducted under paragraph (1).
``(3) Conditional wind lease sales.--
``(A) In general.--For each territory, the
Secretary shall conduct not less than 1 wind lease sale
on an area of the outer Continental Shelf within the
territorial jurisdiction of such territory that meets
each of the following criteria:
``(i) The study required under paragraph
(1)(A) concluded that a wind lease sale on the
area is feasible.
``(ii) The Secretary has determined that
the call for information has generated
sufficient interest for the area.
``(iii) The Secretary has consulted with
the Secretary of Defense regarding such a sale.
``(iv) The Secretary has consulted with the
Governor of the territory regarding the
suitability of the area for wind energy
development.
``(B) Exception.--If no area of the outer
Continental Shelf within the territorial jurisdiction
of a territory meets each of the criteria in clauses
(i) through (iii) of subparagraph (A), the requirement
under subparagraph (A) shall not apply to such
territory.''.
SEC. 5. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND.
(a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C.
6401 et seq.) is amended by adding at the end the following:
``SEC. 211. CORAL REEF CONSERVATION FUND.
``(a) Establishment.--There is established in the Treasury the
Coral Reef Conservation Fund, hereafter referred to as the Fund.
``(b) Deposits.--For each fiscal year, there shall be deposited in
the Fund the portion of such revenues due and payable to the United
States under subsection (b)(2) of section 9 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1338).
``(c) Uses.--Amounts deposited in the Fund under this section and
appropriated to the Secretary of Commerce under subsection (f) shall be
used by the Secretary of Commerce to carry out the Coral Reef
Conservation Act of 2000 (16 U.S.C. 6401 et seq.), with priority given
to carrying out sections 204 and 206 of such Act (16 U.S.C. 6403 and
6405).
``(d) Availability.--Amounts deposited in the Fund shall remain in
the Fund until appropriated by Congress.
``(e) Reporting.--The President shall include with the proposed
budget for the United States Government submitted to Congress for a
fiscal year a comprehensive statement of deposits into the Fund during
the previous fiscal year and estimated requirements during the
following fiscal year for appropriations from the Fund.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated from the Fund to the Secretary of Commerce, an amount
equal to the amount deposited in the Fund in the previous fiscal year.
``(g) No Limitation.--Appropriations from the Fund pursuant to this
section may be made without fiscal year limitation.''.
(b) Renaming of Existing Fund.--Section 205 of the Coral Reef
Conservation Act of 2000 (16 U.S.C. 6404) is amended--
(1) in the heading, by striking ``coral reef conservation
fund'' and inserting ``coral reef public-private partnership'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Fund''
and inserting ``Public-Private Partnership''; and
(B) by striking ``, hereafter referred to as the
Fund,''; and
(3) in subsection (b), by striking ``Fund'' and inserting
``separate interest bearing account''.
Passed the House of Representatives December 10, 2018.
Attest:
Clerk.
115th CONGRESS
2d Session
H. R. 6665
_______________________________________________________________________
AN ACT
To amend the Outer Continental Shelf Lands Act to apply to territories
of the United States, to establish offshore wind lease sale
requirements, to provide dedicated funding for coral reef conservation,
and for other purposes. | Offshore Wind for Territories Act This bill amends the Outer Continental Shelf Lands Act to authorize offshore wind development in the U.S. Exclusive Economic Zone adjacent to U.S. territories. The bill also establishes the Coral Reef Conservation Fund for the Department of Commerce to carry out the Coral Reef Conservation Act of 2000, including to preserve, sustain, and restore the condition of coral reef ecosystems. | {"src": "billsum_train", "title": "Offshore Wind for Territories Act"} | 2,234 | 86 | 0.474638 | 1.099238 | 0.307993 | 2.957143 | 28.885714 | 0.814286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Dependent Care Tax Credit
Enhancement Act of 2017''.
SEC. 2. ENHANCEMENT OF CHILD AND DEPENDENT CARE TAX CREDIT.
(a) In General.--Paragraph (2) of section 21(a) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means 50 percent reduced
(but not below 20 percent) by 1 percentage point for each
$2,000 (or fraction thereof) by which the taxpayer's adjusted
gross income for the taxable year exceeds $120,000.''.
(b) Increase in Dollar Limit on Amount Creditable.--Subsection (c)
of section 21 of such Code is amended--
(1) in paragraph (1), by striking ``$3,000'' and inserting
``$6,000'', and
(2) in paragraph (2), by striking ``$6,000'' and inserting
``$12,000''.
(c) Adjustment for Inflation.--Section 21 of such Code is amended--
(1) by redesignating subsection (f) as subsection (g), and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Inflation Adjustment.--
``(1) In general.--In the case of a calendar year beginning
after 2018, the $120,000 amount in paragraph (2) of subsection
(a) and the dollar amounts in subsection (c) shall each be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2017' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any dollar amount, after being
increased under paragraph (1), is not a multiple of $100, such
dollar amount shall be rounded to the next lowest multiple of
$100.''.
(d) Credit To Be Refundable.--
(1) In general.--The Internal Revenue Code of 1986 is
amended--
(A) by redesignating section 21 as section 36C, and
(B) by moving section 36C, as so redesignated, from
subpart A of part IV of subchapter A of chapter 1 to
the location immediately before section 37 in subpart C
of part IV of subchapter A of chapter 1.
(2) Technical amendments.--
(A) Paragraph (1) of section 23(f) of the Internal
Revenue Code of 1986 is amended by striking ``21(e)''
and inserting ``36C(e)''.
(B) Paragraph (6) of section 35(g) of such Code is
amended by striking ``21(e)'' and inserting ``36C(e)''.
(C) Paragraph (1) of section 36C(a) of such Code
(as redesignated by paragraph (1)) is amended by
striking ``this chapter'' and inserting ``this
subtitle''.
(D) Subparagraph (C) of section 129(a)(2) of such
Code is amended by striking ``section 21(e)'' and
inserting ``section 36C(e)''.
(E) Paragraph (2) of section 129(b) of such Code is
amended by striking ``section 21(d)(2)'' and inserting
``section 36C(d)(2)''.
(F) Paragraph (1) of section 129(e) of such Code is
amended by striking ``section 21(b)(2)'' and inserting
``section 36C(b)(2)''.
(G) Subsection (e) of section 213 of such Code is
amended by striking ``section 21'' and inserting
``section 36C''.
(H) Subparagraph (H) of section 6213(g)(2) of such
Code is amended by striking ``section 21'' and
inserting ``section 36C''.
(I) Subparagraph (L) of section 6213(g)(2) of such
Code is amended by striking ``section 21, 24, or 32,''
and inserting ``section 24, 32, or 36C,''.
(J) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting ``36C,''
after ``36B,''.
(K) 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:
``Sec. 36C. Expenses for household and dependent care services
necessary for gainful employment.''.
(L) The table of sections for subpart A of such
part IV is amended by striking the item relating to
section 21.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017. | Child and Dependent Care Tax Credit Enhancement Act of 2017 This bill amends the Internal Revenue Code, with respect to the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent, to: (1) increase to $120,000, the adjusted gross income threshold level above which such credit is incrementally reduced; (2) increase the dollar limit on the allowable amount of such credit; (3) allow an inflation adjustment to the adjusted gross income threshold and the maximum credit amounts, beginning after 2018; and (4) make such credit refundable. | {"src": "billsum_train", "title": "Child and Dependent Care Tax Credit Enhancement Act of 2017"} | 1,149 | 113 | 0.613206 | 1.440679 | 0.958098 | 1.645455 | 9.236364 | 0.809091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low-Income Housing Preservation Act
of 1993''.
SEC. 2. 15-YEAR RECOVERY PERIOD.
(a) General Rule.--Subsection (c) of section 168 of the Internal
Revenue Code of 1986 (relating to applicable recovery period) is
amended--
(1) by striking ``as provided in paragraph (2)'' in
paragraph (1) and inserting ``as otherwise provided in this
subsection'',
(2) by redesignating paragraph (2) as paragraph (3), and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Low-income housing.--In the case of any residential
rental property which is part of a qualified low-income housing
project (as defined in subsection (i)(14)), the applicable
recovery period shall be 15 years.''
(b) Qualified Low-Income Housing Project.--Subsection (i) of
section 168 of such Code is amended by adding at the end thereof the
following new paragraph:
``(14) Qualified low-income housing project.--
``(A) In general.--For purposes of this section,
the term `qualified low-income housing project' means
any project for residential rental property if--
``(i) such project is assisted under a
specified HUD program,
``(ii) 50 percent or more of the
residential units in such project--
``(I) in the case of a project
described in clause (i) or (ii) of
subparagraph (C), are occupied by
individuals whose income (at the time
of their initial occupancy in such
project) was less than 80 percent of
the area median gross income (as of
such time), or
``(II) in the case of a project
described in clause (iii) or (iv) of
subparagraph (C), are units with
respect to which rental assistance is
provided under section 8 of the United
States Housing Act of 1937,
``(iii) such project was originally placed
in service at least 10 years before the
taxpayer acquired an interest in such project,
``(iv) such project is substantially
rehabilitated,
``(v) the taxpayer acquired such taxpayer's
interest in such project by purchase, and
``(vi) such project was not previously
placed in service by the taxpayer or by any
person who was a related person (as defined in
section 42(d)(2)(D)(iii)) with respect to the
taxpayer as of the time previously placed in
service.
``(B) Denial of double benefit.--A project shall
not be treated as a qualified low-income housing
project if the taxpayer (or any other person holding an
interest in such project) claims any benefits with
respect to such project under--
``(i) section 42 (relating to low-income
housing credit),
``(ii) the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, or
``(iii) the Emergency Low-Income Housing
Preservation Act of 1987 pursuant to section
604 of the Cranston-Gonzalez National
Affordable Housing Act.
``(C) Specified hud programs.--For purposes of
subparagraph (A), a project is assisted under a
specified HUD program if such project was financed by a
loan or mortgage which--
``(i) is insured or held by the Secretary
of Housing and Urban Development under section
221(d)(3) of the National Housing Act and bears
interest at a rate determined under the proviso
of section 221(d)(5) of such Act,
``(ii) is insured, assisted, or held by
such Secretary or a State or State agency under
section 236 of such Act,
``(iii) is insured or held by such
Secretary under section 221(d)(3) of such Act
and receiving assistance under section 8 of the
United States Housing Act of 1937, or
``(iv) is insured or held by such Secretary
under section 221(d)(4) of the National Housing
Act.
``(D) Substantially rehabilitated.--
``(i) In general.--For purposes of
subparagraph (A), a project is substantially
rehabilitated if the amount of the
rehabilitation expenditures with respect to
such project during the 24-month period
beginning on the date the taxpayer acquired his
interest in such project equals or exceeds 10
percent of the aggregate adjusted bases (as of
the beginning of such 24-month period) of the
residential rental property which is part of
such project.
``(ii) Rehabilitation expenditures.--
``(I) In general.--For purposes of
clause (i), the term `rehabilitation
expenditures' means amounts chargeable
to capital account and incurred for
property (or additions or improvements
to property) of a character subject to
the allowance for depreciation in
connection with the rehabilitation of a
building. Such term shall not include
the cost of acquiring the building (or
any interest therein).
``(II) Special rule.--An
expenditure may be taken into account
only if it benefits the low-income
units in the project at least in
proportion to the total number of units
in such project which are low-income
units. For purposes of the preceding
sentence, the term `low-income units'
means units with respect to which the
requirements of subparagraph (A)(ii)
are met.
``(E) Income determinations.--For purposes of
subparagraph (A), income of individuals and area median
gross income shall be determined as provided in section
142(d)(2)(B).
``(F) Purchase.--For purposes of subparagraph (A),
the term `purchase' has the meaning given to such term
by section 179(d)(2); except that such term shall not
include any acquisition where the basis of the property
acquired is determined in whole or in part by reference
to the basis of other property held at any time by the
person acquiring the property.''
SEC. 3. EXEMPTION FROM PASSIVE LOSS LIMITATIONS.
Section 469 of the Internal Revenue Code of 1986 (relating to
limitation on passive activity losses and credits) is amended--
(1) by redesignating subsections (j), (k), (l), and (m) as
subsections (k), (l), (m), and (n), respectively, and
(2) by inserting after subsection (i) the following new
subsection:
``(j) $50,000 Offset for Certain Low-Income Housing Activities.--
``(1) In general.--Subsection (a) shall not apply to that
portion of the passive activity loss for any taxable year which
is attributable to rental activities with respect to
residential rental property which is part of a qualified low-
income housing project (as defined in section 168(i)(14)).
``(2) Dollar limitation.--The aggregate amount to which
paragraph (1) applies for any taxable year shall not exceed
$50,000 ($25,000 in the case if a separate return by a married
individual).
``(3) Coordination with subsection (i).--This subsection
shall be applied before the application of subsection (i).''
SEC. 4. MINIMUM TAX TREATMENT.
(a) General Rule.--Paragraph (1) of section 56(a) of the Internal
Revenue Code of 1986 (relating to depreciation deduction) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively, and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Special rule for certain low-income housing
projects.--In the case of residential rental property
which is part of a qualified low-income housing project
(as defined in section 168(i)(14))--
``(i) the depreciation deduction with
respect to 50 percent of the adjusted basis of
such property shall be determined as provided
in subparagraph (A), and
``(ii) the depreciation deduction with
respect to the other 50 percent of such
adjusted basis shall be determined under the
method applicable in computing the regular
tax.''
(b) Conforming Amendment.--Clause (i) of section 56(g)(4)(A) of
such Code is amended by inserting before the period at the end thereof
the following: ``or, if applicable, the rules of subsection
(a)(1)(C)''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this section shall apply to property placed
in service after December 31, 1993. | Low-Income Housing Preservation Act of 1993 - Amends the Internal Revenue Code to provide a 15-year recovery period for the depreciation deduction for new investments to rehabilitate qualified low-income housing projects. Exempts a specified amount of such rehabilitation costs from the passive loss limitations. | {"src": "billsum_train", "title": "Low-Income Housing Preservation Act of 1993"} | 1,929 | 68 | 0.534271 | 1.267237 | 1.012323 | 2.735849 | 33.433962 | 0.849057 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Adults Financial Literacy
Act''.
SEC. 2. FINDINGS.
The Congress find as follows:
(1) Eighty percent of parents believe schools are teaching
money management and budgeting, while over 70 percent of
teachers are not teaching financial literacy.
(2) Most adults feel that their financial literacy skills
are inadequate, yet they do not rely on anyone else to handle
their finances; they feel it is important to know more but have
received no financial education.
(3) It is necessary to respond immediately to the pressing
needs of individuals faced with the loss of their financial
stability, however increased attention must also be paid to
financial literacy education reform and long-term solutions to
prevent future personal financial disasters.
(4) There is an urgent need to respond to the economic
crisis with research-based financial literacy education
programs to reach individuals at all ages and socioeconomic
levels, particularly those facing unique and challenging
financial situations, such as high school graduates entering
the workforce, soon-to-be and recent college graduates, young
families, and the unique needs of military personnel and their
families.
(5) More than 70 percent of parents say they have spoken
with their teens about credit and using credit cards wisely,
while less than 44 percent of the teenaged children of those
respondents say their parents have talked to them about credit
cards.
(6) Seventy-six percent of parents surveyed said their high
school student does not have a budget.
(7) The average credit card debt among graduate students
who carry cards is $7,831 per student, an increase of 59
percent over 1998's average debt of $4,925.
(8) Young adults between 20 and 24 represent the fastest
growing segment of bankruptcy filings; in fact, more people
filed for bankruptcy in 2004 than graduated from college.
(9) Credit card debt among young adults between the ages of
25 and 34 has increased 55 percent, while credit card debt
among the youngest adults, between 18 and 24, has skyrocketed
104 percent since 1982.
(10) In April of 2009, the Comptroller General testified to
the Subcommittee on Oversight of Government Management, the
Federal Workforce, and the District of Columbia, of the
Committee on Homeland Security and Governmental Affairs of the
Senate that ``In 2006, we reported that the [Financial Literacy
and Education] Commission's National Strategy for Financial
Literacy was a useful first step in focusing attention on
financial literacy but largely was descriptive rather than
strategic. . . . However, to date the Commission has not
incorporated the other elements we recommended. . . . For the
most part, these revisions have consisted of newly developed
`calls to action' and have not represented a fundamental shift
in approach that incorporates specific recommendations on
roles, funding, and activities.''.
SEC. 3. GRANT PROGRAM TO FUND THE ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN FINANCIAL LITERACY EDUCATION.
(a) In General.--The Secretary of the Treasury, acting through the
Assistant Secretary for Financial Institutions and the Deputy Assistant
Secretary for Financial Education and in consultation with the
Secretary of Education and the Financial Literacy and Education
Commission established under the Financial Literacy and Education
Improvement Act, may make competitive grants to and enter into
contracts with eligible institutions to establish centers of excellence
to support research, development and planning, implementation, and
evaluation of effective programs in financial literacy education for
young adults and families ages 15-24 years old.
(b) Authorized Activities.--Activities authorized to be funded by
grants made under subsection (a) shall include the following:
(1) Developing and implementing comprehensive research
based financial literacy education programs for young adults
ages 15-24 which can be incorporated into educational settings
through existing academic content areas.
(2) Targeting programs based on a set of educational
expectations, pre- and post-education assessment tools,
effective training programs for educators, and materials that
appropriately serve various segments of young adult and family
populations, particularly minority and disadvantaged
individuals.
(3) Aligning financial literacy education programs to a set
of core competencies and concepts, including goal setting;
planning; budgeting; managing money or transactions; tools and
structures; behaviors; consequences; saving, both long- and
short-term; managing debt and earning.
(4) Designing instructional materials using evidence-based
content for young families and related outreach activities to
address unique life situations and financial pitfalls such as
bankruptcy, foreclosure, credit card misuse, and predatory
lending.
(5) Developing and supporting the delivery of professional
development programs in financial literacy education that are
research-based, on-going and collaborative to assure competence
and accountability in the delivery system, including
recognition of achievement and competence within existing
systems for educators and instructors.
(6) Improving access to financial literacy education
programs for young adults and families by collaborating with
financial institutions to disseminate information and awareness
of the importance of financial literacy education.
(7) Reducing student loan default rates by developing
programs to help individuals better understand how to manage
educational debt through sustained educational programs for
college students in partnership with non-profit associations.
(8) Conducting on-going research and evaluation to assure
learning of defined skills and knowledge, and retention of
learning.
(9) Developing research-based assessment and accountability
of the appropriate applications of learning over short and long
terms.
(c) Priority for Certain Applications.--The Secretary shall give a
priority to applications that--
(1) provide clear definitions of financial literacy and
financially literate to clarify educational outcomes;
(2) establish parameters for identifying the types of
programs that most effectively reach young adults and families
in unique life situations, specifically individuals in ages 15-
24 years old;
(3) include content that is appropriate to age and
socioeconomic levels;
(4) develop programs based on educational standards,
definitions, and research;
(5) include individual goals of financial independence and
stability; and
(6) establish professional development and delivery systems
using evidence-based practices.
(d) Application and Evaluation Standards and Procedures,
Distribution Criteria.--The Secretary shall, by regulation and order,
establish application and evaluation standards and procedures,
distribution criteria, and such other forms, standards, definitions,
and procedures as the Secretary determines to be appropriate.
(e) Minimum and Maximum Amount of Any Grant.--No grant under this
section may be for an amount less than $2,000,000 or more than
$5,000,000.
(f) Definitions.--For purposes of this Act the following
definitions shall apply:
(1) Eligible institution.--The term ``eligible
institution'' means any partnership consisting of an
institution of higher education and any of the following which
meets such requirements for eligibility as the Secretary of the
Treasury and the Secretary of Education may jointly prescribe
by regulation:
(A) One or more local educational agencies.
(B) A nonprofit agency, organization, or
association.
(C) A community-based organization.
(D) A financial institution.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury, unless the context specifically refers to the
Secretary of Education.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary $55,000,000
for each of fiscal years 2012 through 2016 for carrying out this Act.
SEC. 5. REGULATIONS.
In addition to regulations prescribed under section 3(d), the
Secretary may prescribe such regulations as may be necessary to carry
out this Act. | Young Adults Financial Literacy Act - Authorizes the Secretary of the Treasury to make competitive grants to, and enter contracts with, eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young adults and families ages 15-24 years old.
Defines "eligible institution" as any partnership consisting of an institution of higher education and any of the following: (1) one or more local educational agencies; (2) a nonprofit agency, organization, or association; (3) a community-based organization; or (4) a financial institution. | {"src": "billsum_train", "title": "To establish a grant program in the Department of the Treasury to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young adults and families ages 15-24 years old, and for other purposes."} | 1,642 | 128 | 0.382875 | 1.098828 | 0.546201 | 5.836066 | 13.254098 | 0.967213 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Grandparents Raising
Grandchildren Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 2,500,000 grandparents in the United States are
the primary caretaker of their grandchildren, and experts report
that such numbers are increasing as the opioid epidemic expands.
(2) Between 2009 and 2016, the incidence of parental alcohol or
other drug use as a contributing factor for children's out-of-home
placement rose from 25.4 to 37.4 percent.
(3) When children cannot remain safely with their parents,
placement with relatives is preferred over placement in foster care
with nonrelatives because placement with relatives provides
stability for children and helps them maintain family connections.
(4) The number of foster children placed with a grandparent or
other relative increased from 24 percent in 2006 to 32 percent in
2016, according to data from the Department of Health and Human
Services.
(5) Grandparents' lives are enhanced by caring for their
grandchildren; the overwhelming majority of grandparents report
experiencing significant benefits in serving as their
grandchildren's primary caregivers.
(6) Providing full-time care to their grandchildren may
decrease grandparents' ability to address their own physical and
mental health needs and personal well-being.
(7) Grandparents would benefit from better coordination and
dissemination of information and resources available to support
them in their caregiving responsibilities.
SEC. 3. ADVISORY COUNCIL TO SUPPORT GRANDPARENTS RAISING GRANDCHILDREN.
(a) Establishment.--There is established an Advisory Council to
Support Grandparents Raising Grandchildren.
(b) Membership.--
(1) In general.--The Advisory Council shall be composed of the
following members, or their designee:
(A) The Secretary of Health and Human Services.
(B) The Secretary of Education.
(C) The Administrator of the Administration for Community
Living.
(D) The Director of the Centers for Disease Control and
Prevention.
(E) The Assistant Secretary for Mental Health and Substance
Use.
(F) The Assistant Secretary for the Administration for
Children and Families.
(G) A grandparent raising a grandchild.
(H) An older relative caregiver of children.
(I) As appropriate, the head of other Federal departments,
or agencies, identified by the Secretary of Health and Human
Services as having responsibilities, or administering programs,
relating to current issues affecting grandparents or other
older relatives raising children.
(2) Lead agency.--The Department of Health and Human Services
shall be the lead agency for the Advisory Council.
(c) Duties.--
(1) In general.--
(A) Information.--The Advisory Council shall identify,
promote, coordinate, and disseminate to the public information,
resources, and the best practices available to help
grandparents and other older relatives--
(i) meet the health, educational, nutritional, and
other needs of the children in their care; and
(ii) maintain their own physical and mental health and
emotional well-being.
(B) Opioids.--In carrying out the duties described in
subparagraph (A), the Advisory Council shall consider the needs
of those affected by the opioid crisis.
(C) Native americans.--In carrying out the duties described
in subparagraph (A), the Advisory Council shall consider the
needs of members of Native American tribes.
(2) Report.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Advisory Council shall submit a
report to--
(i) the appropriate committees;
(ii) the State agencies that are responsible for
carrying out family caregiver programs; and
(iii) the public online in an accessible format.
(B) Report format.--The report shall include--
(i) best practices, resources, and other useful
information for grandparents and other older relatives
raising children identified under paragraph (1)(A)
including, if applicable, any information related to the
needs of children who have been impacted by the opioid
epidemic;
(ii) an identification of any gaps in items under
clause (i); and
(iii) where applicable, identification of any
additional Federal legislative authority necessary to
implement the activities described in clause (i) and (ii).
(3) Follow-up report.--Not later than 2 years after the date on
which the report required under paragraph (2)(A) is submitted, the
Advisory Council shall submit a follow-up report that includes the
information identified in paragraph (2)(B) to--
(A) the appropriate committees;
(B) the State agencies that are responsible for carrying
out family caregiver programs; and
(C) the public online in an accessible format.
(4) Public input.--
(A) In general.--The Advisory Council shall establish a
process for public input to inform the development of, and
provide updates to, the best practices, resources, and other
information described in paragraph (1) that shall include--
(i) outreach to States, local entities, and
organizations that provide information to, or support for,
grandparents or other older relatives raising children; and
(ii) outreach to grandparents and other older relatives
with experience raising children.
(B) Nature of outreach.--Such outreach shall ask
individuals to provide input on--
(i) information, resources, and best practices
available, including identification of any gaps and unmet
needs; and
(ii) recommendations that would help grandparents and
other older relatives better meet the health, educational,
nutritional, and other needs of the children in their care,
as well as maintain their own physical and mental health
and emotional well-being.
(d) FACA.--The Advisory Council shall be exempt from the
requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
(e) Funding.--No additional funds are authorized to be appropriated
to carry out this Act.
(f) Sunset.--The Advisory Council shall terminate on the date that
is 3 years after the date of enactment of this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) Advisory council.--In this Act, the term ``Advisory
Council'' means the Advisory Council to Support Grandparents
Raising Grandchildren that is established under section 3.
(2) Appropriate committees.--In this Act, the term
``appropriate committees'' means the following:
(A) The Special Committee on Aging of the Senate.
(B) The Committee on Health, Education, Labor, and Pensions
of the Senate.
(C) The Committee on Education and the Workforce of the
House of Representatives.
(D) The Committee on Energy and Commerce of the House of
Representatives.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Supporting Grandparents Raising Grandchildren Act (Sec. 3) This bill establishes an Advisory Council to Support Grandparents Raising Grandchildren. The council must identify, promote, coordinate, and publicly disseminate information and resources to help older relatives meet the needs of the children in their care and maintain their own health and emotional well-being. The council must report on the information and resources. The bill terminates the council after three years. | {"src": "billsum_train", "title": "Supporting Grandparents Raising Grandchildren Act"} | 1,465 | 100 | 0.523947 | 1.377784 | 0.459171 | 2.839506 | 17.160494 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DSHEA Full Implementation and
Enforcement Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over 158,000,000 Americans regularly consume dietary
supplements to maintain and improve their health.
(2) Consumer expenditures on dietary supplements reached a
reported $17,100,000,000 in 2000, double the amount spent in
1994.
(3) According to a recent report issued by the Food and
Drug Administration (in this Act referred to as the ``FDA'')
the use of dietary supplements is likely to grow due to factors
such as the aging of the baby boom generation, increased
interest in self-sufficiency, and advances in science that are
uncovering new relationships between diet and disease.
(4) In 1994, the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417) (in this Act referred to as
``DSHEA'') was enacted. This Act balanced continued consumer
access to vitamins, minerals, and other dietary supplements,
increased scientific research on the benefits and risks of
dietary supplements, public education on dietary supplements,
and needed consumer protections.
(5) DSHEA requires that claims made on dietary supplement
labels, packaging, and accompanying material be truthful, non-
misleading, and substantiated. Manufacturers are prohibited
from making claims that products are intended to diagnose,
treat, mitigate, cure, or prevent a disease.
(6) DSHEA provides for good manufacturing practice
standards setting requirements for potency, purity, sanitary
conditions, and recordkeeping for dietary supplements.
(7) DSHEA requires that manufacturers submit adequate
information as to the safety of any new ingredients contained
in dietary supplements before those products can be sold.
(8) The FDA has updated and expanded its system for the
reporting, collection, and analysis of dietary supplement
adverse events reports.
(9) DSHEA provides the FDA with a number of authoritites to
remove unsafe dietary supplements from the marketplace.
(10) DSHEA created the Office of Dietary Supplements within
the National Institutes of Health to expand research and
consumer information about the health effects of dietary
supplements.
(11) The FDA has not adequately used its authority to
enforce DSHEA.
(12) The FDA needs adequate resources to appropriately
implement and enforce DSHEA. Congress has appropriated
additional funds over the last several years beyond those
requested in the President's budget to implement and enforce
DSHEA, reaching $9,700,000 in fiscal year 2003.
(13) However, according to the FDA, full implementation of
DSHEA would require substantial additional resources. The FDA
asserts that between $24,000,000 and $65,000,000 per year will
be needed to fully implement DSHEA.
SEC. 3. AUTHORIZATION AND APPROPRIATION OF RESOURCES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)--
(1) $20,000,000 for fiscal year 2006;
(2) $30,000,000 for fiscal year 2007;
(3) $40,000,000 for fiscal year 2008;
(4) $50,000,000 for fiscal year 2009; and
(5) $65,000,000 for fiscal year 2010.
(b) Appropriation of Funds for Fiscal Year 2006.--There are
appropriated, out of any money in the Treasury not otherwise
appropriated, to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
$20,000,000 for fiscal year 2006.
(c) Office of Dietary Supplements.--There are authorized to be
appropriated and there are appropriated, out of any money in the
Treasury not otherwise appropriated, for expanded research and
development of consumer information on dietary supplements by the
Office of Dietary Supplements at the National Institutes of Health--
(1) $30,000,000 for fiscal year 2006; and
(2) such sums as may be necessary for each of the fiscal
years 2007 through 2010.
(d) Use of Funds.--The Food and Drug Administration shall fully and
appropriately use the funds appropriated in subsections (b) and (c) and
pursuant to subsection (a) to regulate dietary supplements.
SEC. 4. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY
SUPPLEMENTS.
(a) In General.--Not later than January 31, 2006, and annually
thereafter, the Secretary of Health and Human Services shall submit a
report to Congress on the implementation and enforcement of the Dietary
Supplement Health and Education Act of 1994 (Public Law 103-417).
(b) Contents.--The report under subsection (a) shall include the
following:
(1) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
dietary supplement regulation over the prior fiscal year.
(2) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
administering adverse event reporting systems as they relate to
dietary supplement regulation over the prior fiscal year.
(3) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
enforcement of dietary supplement labeling and claims
requirements over the prior fiscal year and an explanation of
their activities.
(4) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to good
manufacturing practices inspections of dietary supplement
manufacturers over the prior fiscal year and an explanation of
their activities.
(5) The number of good manufacturing practices inspections
of dietary supplement manufacturers by the Food and Drug
Administration over the prior fiscal year and a summary of the
results.
(6) The number of new ingredient reviews and safety reviews
related to dietary supplements and the results of those
reviews.
(7) An explanation of all enforcement actions taken by the
Food and Drug Administration and the Department of Health and
Human Services related to dietary supplements over the prior
fiscal year, including the number and type of actions.
(8) The number of dietary supplement claims for which the
Food and Drug Administration requested substantiation from the
manufacturer over the prior fiscal year, and the agency's
response.
(9) The number of dietary supplement claims determined to
be false, misleading, or nonsubstantiated by the Food and Drug
Administration over the prior fiscal year.
(10) The research and consumer education activities
supported by the Office of Dietary Supplements of the National
Institutes of Health.
(11) Any recommendations for administrative or legislative
actions regarding the regulation of dietary supplements.
(12) Any other information regarding the regulation of
dietary supplements determined appropriate by the Secretary of
Health and Human Services or the Commissioner of Food and
Drugs. | DSHEA Full Implementation and Enforcement Act of 2005 - Authorizes and makes appropriations to: (1) carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA) and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act; and (2) expand research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health (NIH).
Requires the Food and Drug Administration (FDA) to fully and appropriately use such funds to regulate dietary supplements.
Directs the Secretary of Health and Human Services to report to Congress on the implementation and enforcement of DSHEA. | {"src": "billsum_train", "title": "To ensure that the goals of the Dietary Supplement Health and Education Act of 1994 are met by authorizing appropriations to fully enforce and implement such Act and the amendments made by such Act, and for other purposes."} | 1,504 | 147 | 0.614595 | 1.645165 | 0.969393 | 5.475806 | 11.564516 | 0.959677 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Environmental Barriers to
Unified Infrastructure and Land Development Act of 2011 Act'' or the
``REBUILD Act''.
SEC. 2. ASSIGNMENT TO STATES OF FEDERAL ENVIRONMENTAL REVIEW
RESPONSIBILITIES.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) is amended by adding at the end the following new
section:
``SEC. 106. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW
RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE
STATE.
``(a) Assumption of Responsibility.--
``(1) In general.--Subject to the other provisions of this
section, with the written agreement of the responsible Federal
official and a State, which may be in the form of a memorandum
of understanding, the responsible Federal official may assign,
and the State may assume, the responsibilities of the
responsible Federal official under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to one
or more covered Federal projects of the responsible Federal
official within the State.
``(2) Additional responsibility.--If a State assumes
responsibility under paragraph (1) the responsible Federal
official may assign to the State, and the State may assume, all
or part of the responsibilities of the responsible Federal
official for environmental review, consultation, or other
action required under any Federal environmental law pertaining
to the review or approval of covered projects of the
responsible Federal official.
``(3) Procedural and substantive requirements.--A State
shall assume responsibility under this section subject to the
same procedural and substantive requirements as would apply if
that responsibility were carried out by the responsible Federal
official.
``(4) Federal responsibility.--Any responsibility of the
responsible Federal official not explicitly assumed by the
State by written agreement under this section shall remain the
responsibility of the responsible Federal official.
``(5) No effect on authority.--Nothing in this section
preempts or interferes with any power, jurisdiction,
responsibility, or authority of an agency, other than the
agency of the responsible Federal official for a covered
project, under applicable law (including regulations) with
respect to the project.
``(b) State Participation.--
``(1) Application.--Not later than 180 days after the date
of enactment of this section, each responsible Federal official
shall promulgate regulations that establish requirements
relating to information required to be contained in any
application of a State to assume responsibility under this
section with respect to covered Federal projects of the
responsible Federal official, including, at a minimum--
``(A) the projects or classes of projects for which
the State anticipates exercising the authority that may
be granted under this section;
``(B) verification of the financial resources
necessary to carry out the authority that may be
assigned under this section; and
``(C) evidence of the notice and solicitation of
public comment by the State relating to assumption of
responsibility under this section by the State,
including copies of comments received from that
solicitation.
``(2) Public notice.--
``(A) In general.--Each State that submits an
application under this subsection shall give notice of
the intent of the State to submit such application not
later than 30 days before the date of submission of the
application.
``(B) Method of notice and solicitation.--The State
shall provide notice and solicit public comment under
this paragraph by publishing the complete application
of the State in accordance with the appropriate public
notice law of the State.
``(3) Selection criteria.--A responsible Federal official
may approve the application of a State under this section only
if--
``(A) the regulatory requirements under paragraph
(2) have been met;
``(B) the responsible Federal official determines
that the State has the capability, including financial
and personnel, to assume the responsibility; and
``(C) the head of the State agency having primary
jurisdiction over covered projects with respect to
which responsibility would be assigned to the State
pursuant to the application enters into a written
agreement with the responsible Federal official
described in subsection (c).
``(4) Other federal agency views.--If a State applies to
assume a responsibility of a responsible Federal official that
would have required the responsible Federal official to consult
with another Federal agency, the responsible Federal official
shall solicit the views of the Federal agency before approving
the application.
``(c) Written Agreement.--A written agreement under this section
shall--
``(1) be executed by the Governor of the State or the head
of the State agency referred to in subsection (b)(3)(C);
``(2) be in such form as the responsible Federal official
may prescribe; and
``(3) provide that the State--
``(A) agrees to assume all or part of the
responsibilities of the responsible Federal official
described in subsection (a);
``(B) expressly consents, on behalf of the State,
to accept the jurisdiction of the Federal courts for
the compliance, discharge, and enforcement of any
responsibility of the responsible Federal official
assumed by the State;
``(C) certifies that State laws (including
regulations) are in effect that--
``(i) authorize the State to take the
actions necessary to carry out the
responsibilities being assumed; and
``(ii) are comparable to section 552 of
title 5, including providing that any decision
regarding the public availability of a document
under those State laws is reviewable by a court
of competent jurisdiction; and
``(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed.
``(d) Jurisdiction.--
``(1) In general.--The United States district courts shall
have exclusive jurisdiction over any civil action against a
State for failure to carry out any responsibility of the State
under this section.
``(2) Legal standards and requirements.--A civil action
under paragraph (1) shall be governed by the legal standards
and requirements that would apply in such a civil action
against the responsible Federal official had the responsible
Federal official taken the actions in question.
``(3) Intervention.--The responsible Federal official shall
have the right to intervene in any action described in
paragraph (1).
``(e) Effect of Assumption of Responsibility.--A State that assumes
responsibility under subsection (a) shall be solely responsible and
solely liable for carrying out, in lieu of the responsible Federal
official, the responsibilities assumed under subsection (a), until the
termination of such assumption of responsibility.
``(f) Limitations on Agreements.--Nothing in this section permits a
State to assume any rulemaking authority of the responsible Federal
official under any Federal law.
``(g) Audits.--
``(1) In general.--To ensure compliance by a State with any
agreement of the State under subsection (c) (including
compliance by the State with all Federal laws for which
responsibility is assumed under subsection (a)), for each State
participating in the program under this section, the
responsible Federal official shall conduct--
``(A) semiannual audits during each of the first 2
years of the effective period of the agreement; and
``(B) annual audits during each subsequent year of
such effective period.
``(2) Public availability and comment.--
``(A) In general.--An audit conducted under
paragraph (1) shall be provided to the public for
comment for a 30-day period.
``(B) Response.--Not later than 60 days after the
date on which the period for public comment ends, the
responsible Federal official shall respond to public
comments received under subparagraph (A).
``(h) Report to Congress.--Each responsible Federal official shall
submit to Congress an annual report that describes the administration
of this section by such official.
``(i) Termination by Responsible Federal Official.--The responsible
Federal official with respect to an agreement with a State under this
section may terminate the agreement and any responsibility or authority
of the State under this section with respect to such agreement, if--
``(1) the responsible Federal official determines that the
State is not adequately carrying out the responsibilities
assumed by the State under this section;
``(2) the responsible Federal official provides to the
State--
``(A) notification of the determination of
noncompliance; and
``(B) a period of at least 30 days during which to
take such corrective action as the responsible Federal
official determines is necessary to comply with the
applicable agreement; and
``(3) the State, after the notification and period provided
under subparagraph (B), fails to take satisfactory corrective
action, as determined by responsible Federal official.
``(j) Definitions.--In this section:
``(1) Covered federal project.--The term `covered Federal
project' means--
``(A)(i) except as provided in clause (ii) and
subparagraph (B), any project that is funded by,
carried out by, or subject to approval or disapproval
by a responsible official, including any project for
which a permit or other authorization by a responsible
Federal official is required; and
``(ii) in the case of projects funded, carried out
by, or subject to review, approval, or disapproval by
the Secretary of the Army, and except as provided in
subparagraph (B), includes only such projects of the
Corps of Engineers; and
``(B) the preparation of any statement required by
section 102(2)(C).
``(2) Responsible federal official.--The term `responsible
Federal official' means--
``(A) the Secretary of the Interior;
``(B) the Secretary of Transportation;
``(C) the Administrator of the Environmental
Protection Agency;
``(D) the Secretary of the Army; and
``(E) the head of a Federal agency, with respect to
the preparation of statements under section 102(2)(C)
for major Federal actions (as that term is used in that
section) of the agency.''. | Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2011 Act or the REBUILD Act - Amends the National Environmental Policy Act of 1969 (NEPA) to authorize a responsible federal official to assign, and a state to assume, the responsibilities of such official with respect to covered federal projects within such state under such Act and under other federal environmental laws pertaining to project review or approval. Provides that any responsibility of such official not explicitly assumed by the state by written agreement shall remain the responsibility of the official.
Defines "responsible federal official" as: (1) the Secretary of the Interior; (2) the Secretary of Transportation; (3) the Administrator of the Environmental Protection Agency (EPA); (4) the Secretary of the Army; and (5) the head of a federal agency, with respect to the preparation of environmental impact statements for major federal actions.
Requires each responsible federal official to promulgate regulations that establish requirements relating to information required to be contained in state applications to assume such responsibilities.
Permits such official to approve an application only if: (1) public notice requirements have been met; (2) the state has the capability to assume such responsibilities; and (3) the head of the state agency having primary jurisdiction over covered projects enters into a written agreement with such official to assume such responsibilities and to maintain the financial resources necessary to carry them out.
Requires such federal official to audit state compliance with federal laws for which responsibilities are assumed and authorizes such official to terminate such responsibilities, after providing notice and an opportunity to take corrective action, if a state is not adequately carrying them out. | {"src": "billsum_train", "title": "To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes."} | 2,206 | 348 | 0.643048 | 2.099493 | 0.854175 | 3.51875 | 6.603125 | 0.95625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Mental Health Treatment
First Act''.
SEC. 2. MENTAL HEATH CARE AND REHABILITATION FOR VETERANS FOR SERVICE-
RELATED POST-TRAUMATIC STRESS DISORDER, DEPRESSION,
ANXIETY DISORDER, OR RELATED SUBSTANCE USE DISORDER.
(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by inserting after section 1712B the following
new section:
``Sec. 1712C. Mental health care and rehabilitation for service-related
post-traumatic stress disorder, depression, anxiety
disorder, or related substance use disorder
``(a) In General.--The Secretary shall carry out a program of
mental health care and rehabilitation for veterans who--
``(1) are diagnosed by a physician of the Department with
post-traumatic stress disorder, depression, anxiety disorder,
or substance use disorder related to post-traumatic stress
disorder, depression, or anxiety disorder that is service-
related (as determined in accordance with subsection (b)); and
``(2) agree to the conditions of participation applicable
to such veterans set forth in subsection (c).
``(b) Treatment of Conditions as Service-Related.--(1) A condition
of a veteran described in subsection (a)(1) shall be treated as
service-related for purposes of this section if--
``(A) the condition has previously been adjudicated by the
Secretary to be service-connected; or
``(B) the condition is judged by the physician of the
Department making the diagnosis for the veteran as described in
subsection (a)(1) to be plausibly related to the service of the
veteran in the active military, naval, or air service.
``(2) The Secretary shall prescribe in regulations the standards to
be utilized by physicians of the Department in judging under paragraph
(1)(B) whether or not a condition of a veteran described in subsection
(a)(1) is plausibly related to the service of the veteran in the active
military, naval, or air service.
``(c) Conditions of Participation.--(1) As conditions for
participation in the program under this section, a veteran seeking
mental health care and rehabilitation under the program for a condition
described in subsection (a)(1) who has not yet filed a claim for
disability under this title for such condition shall agree as follows:
``(A) To comply substantially with the treatment regimen
and rehabilitation plan prescribed under subsection (d) for the
veteran.
``(B) Not to submit a claim for disability compensation
under chapter 11 of this title for post-traumatic stress
disorder, depression, anxiety disorder, or a related substance
use disorder until the earlier of--
``(i) the end of the one-year period beginning on
the date of the commencement of the program by the
veteran; or
``(ii) the conclusion of the treatment regimen and
rehabilitation plan prescribed under subsection (d) for
the veteran.
``(2) As conditions for participation in the program under this
section, a veteran seeking mental health care and rehabilitation under
the program for a condition described in subsection (a)(1) who has
filed a claim for disability under this title for such condition that
has not been adjudicated by the Secretary at the time of the diagnosis
of the veteran described in subsection (a)(1)--
``(A) shall agree to comply substantially with the
treatment regimen and rehabilitation plan prescribed under
subsection (d) for the veteran; and
``(B) may agree, at the election of the veteran, to the
suspension by the Secretary of adjudication of such claim until
completion by the veteran of the treatment regimen and
rehabilitation plan.
``(3) As conditions for participation in the program under this
section, a veteran seeking mental health care and rehabilitation under
the program for one or more conditions described in subsection (a)(1)
that have been determined by the Secretary to be service-connected
shall agree as follows:
``(A) To comply substantially with the treatment regimen
and rehabilitation plan prescribed under subsection (d) for the
veteran.
``(B) Not to submit a claim for an increase in disability
compensation under chapter 11 of this title for or based on
such condition or conditions until the earlier of--
``(i) the end of the one-year period beginning on
the date of the commencement of the program by the
veteran; or
``(ii) the completion of the treatment regimen and
rehabilitation plan prescribed under subsection (d) for
the veteran.
``(d) Treatment Regimen and Rehabilitation Plan.--(1) The Secretary
shall provide for each veteran who participates in the program under
this section a treatment regimen and rehabilitation plan for the post-
traumatic stress disorder, depression, anxiety disorder, or related
substance use disorder of such veteran as described in subsection
(a)(1). The treatment regimen and rehabilitation plan shall be devised
by appropriate clinicians and other appropriate personnel of the
Department assigned for that purpose.
``(2) The treatment regimen and rehabilitation plan for a veteran
under this subsection shall include such mental health care and
rehabilitation as the clinicians and other personnel concerned consider
appropriate for the remediation of the condition or conditions of the
veteran covered by the plan.
``(3) The duration of each treatment regimen and rehabilitation
plan under this subsection shall be such period as the clinician
concerned considers appropriate.
``(e) Wellness Stipends.--(1) Subject to paragraph (4), each
veteran covered by subsection (c)(1) who participates in the program
under this section shall be paid a stipend as follows:
``(A) $2,000 payable upon commencement of the treatment
regimen and rehabilitation plan provided under subsection (d)
for such veteran.
``(B) $1,500 payable every 90 days thereafter upon
certification by the clinician treating such veteran under the
program that such veteran is in substantial compliance with
such treatment regimen and rehabilitation plan, except that the
total amount payable to such veteran under this subparagraph
may not exceed $6,000.
``(C) $3,000 payable at the earlier of--
``(i) the date of the conclusion of such treatment
regimen and rehabilitation plan; or
``(ii) one year after the date of the commencement
of such treatment regimen and rehabilitation plan by
the veteran.
``(2) Subject to paragraph (4), each veteran covered by subsection
(c)(2) who participates in the program under this section shall be paid
a stipend as follows:
``(A) If such veteran agrees as provided in subparagraph
(B) of subsection (c)(2), the stipend payable under paragraph
(1).
``(B) If such veteran does not agree as provided in
subparagraph (B) of subsection (c)(2), the stipend payable
under paragraph (3).
``(3) Subject to paragraph (4), each veteran covered by subsection
(c)(3) who participates in the program under this section shall be paid
a stipend as follows:
``(A) $667 payable upon commencement of the treatment
regimen and rehabilitation plan provided under subsection (d)
for such veteran.
``(B) $500 payable every 90 days thereafter upon
certification by the clinician treating such veteran under the
program that such veteran is in substantial compliance with
such treatment regimen and rehabilitation plan, except that the
total amount payable to such veteran under this subparagraph
may not exceed $2,000.
``(C) $1,000 payable at the earlier of--
``(i) the date of the conclusion of such treatment
regimen and rehabilitation plan; or
``(ii) one year after the date of the commencement
of such treatment regimen and rehabilitation plan by
the veteran.
``(4) In the event a veteran is determined by the Secretary to have
failed to comply with any condition agreed to by the veteran under
subsection (c), payment to the veteran of any stipend otherwise
authorized to be payable under this subsection shall cease.
``(f) Limitation on Participation.--(1) Except as provided in
paragraph (2), a veteran may participate only once in the program under
this section.
``(2)(A) A veteran may participate more than once in the program
under this section if the Secretary determines that such additional
participation in the program will assist the veteran in achieving the
remediation of the condition or conditions addressed by participation
in the program.
``(B) The total amount of stipend payable under subsection (e) to a
veteran covered by subparagraph (A) may not exceed $11,000.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1712B the following new item:
``1712C. Mental health care and rehabilitation for service-related
post-traumatic stress disorder, depression,
anxiety disorder, or related substance use
disorder.''. | Veterans Mental Health Treatment First Act - Directs the Secretary of Veterans Affairs to carry out a program of mental health care and rehabilitation for veterans who: (1) are diagnosed by a Department of Veterans Affairs (VA) physician with post-traumatic stress disorder (PTSD) or depression, anxiety, or substance abuse that is either related to the PTSD or service-related; and (2) agree to participation conditions, including compliance with a treatment regimen and rehabilitation plan prescribed by the Secretary of Veterans Affairs. Requires each participant to be paid a stipend during successful program participation, limiting to $11,000 the total stipend paid to each individual. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to require a program of mental health care and rehabilitation for veterans for service-related post-traumatic stress disorder, depression, anxiety disorder, or a related substance use disorder, and for other purposes."} | 1,918 | 137 | 0.538853 | 1.442417 | 0.650414 | 2.853659 | 15.235772 | 0.869919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Security and Consumer Choice
Act''.
SEC. 2. REQUIREMENT TO MANUFACTURER DUAL FUELED AUTOMOBILES.
(a) Requirement.--
(1) In general.--Chapter 329 of title 49, United States
Code, is amended by inserting after section 32902 the
following:
``Sec. 32902A. Requirement to manufacture dual fueled automobiles
``(a) Requirement.--
``(1) In general.--Each manufacturer of new automobiles
that are capable of operating on gasoline or diesel fuel shall
ensure that the percentage of such automobiles, manufactured in
any model year beginning not less than 18 months after the date
of enactment of this section and distributed in commerce for
sale in the United States, which are dual fueled automobiles is
equal to not less than the applicable percentage set forth in
the following table:
The percentage of
dual fueled auto-
``For each of the following mobiles manufactured
model years: shall be not less than:
year 1........................................ 10
year 2........................................ 20
year 3........................................ 30
year 4........................................ 40
year 5........................................ 50
year 6........................................ 60
year 7........................................ 70
year 8........................................ 80
year 9........................................ 90
year 10 and beyond............................ 100.
``(2) Model years.--For purposes of the table under
paragraph (1)--
``(A) the term `year 1' means the first model year
beginning not less than 18 months after the date of
enactment of this section;
``(B) the term `year 2' means the model year
immediately following the model year described in
subparagraph (A);
``(C) the term `year 3' means the model year
immediately following the model year described in
subparagraph (B);
``(D) the term `year 4' means the model year
immediately following the model year described in
subparagraph (C);
``(E) the term `year 5' means the model year
immediately following the model year described in
subparagraph (D);
``(F) the term `year 6' means the model year
immediately following the model year described in
subparagraph (E);
``(G) the term `year 7' means the model year
immediately following the model year described in
subparagraph (F);
``(H) the term `year 8' means the model year
immediately following the model year described in
subparagraph (G);
``(I) the term `year 9' means the model year
immediately following the model year described in
subparagraph (H); and
``(J) the term `year 10' means the model year
immediately following the model year described in
subparagraph (I).
``(b) Production Credits for Exceeding Flexible Fuel Automobile
Production Requirement.--
``(1) Earning and period for applying credits.--If the
number of dual fueled automobiles manufactured by a
manufacturer in a particular model year exceeds the number
required under subsection (a), the manufacturer earns credits
under this section, which may be applied to any of the 3
consecutive model years immediately after the model year for
which the credits are earned.
``(2) Trading credits.--A manufacturer that has earned
credits under paragraph (1) may sell credits to another
manufacturer to enable the purchaser to meet the requirement
under subsection (a).''.
(2) Technical amendment.--The table of sections for chapter
329 of title 49, United States Code, is amended by inserting
after the item relating to section 32902 the following:
``32902A. Requirement to manufacture dual fueled automobiles.''.
(b) Activities to Promote the Use of Certain Alternative Fuels.--
The Secretary of Transportation shall carry out activities to promote
the use of fuel mixtures containing gasoline or diesel fuel and 1 or
more alternative fuels, including a mixture containing at least 85
percent of methanol, denatured ethanol, and other alcohols by volume
with gasoline or other fuels, to power automobiles in the United
States.
SEC. 3. MANUFACTURING INCENTIVES FOR DUAL FUELED AUTOMOBILES.
Section 32905(b) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' before ``Except'';
(3) by striking ``model years 1993-2010'' and inserting
``model year 1993 through the first model year beginning not
less than 18 months after the date of enactment of the Fuel
Security and Consumer Choice Act''; and
(4) by adding at the end the following:
``(2) Except as provided in paragraph (5) of this
subsection, subsection (d) of this section, or section
32904(a)(2) of this title, the Administrator shall measure the
fuel economy for each model of dual fueled automobiles
manufactured by a manufacturer in the first model year
beginning not less than 30 months after the date of enactment
of the Fuel Security and Consumer Choice Act by dividing 1.0 by
the sum of--
``(A) 0.7 divided by the fuel economy measured
under section 32904(c) of this title when operating the
model on gasoline or diesel fuel; and
``(B) 0.3 divided by the fuel economy measured
under subsection (a) when operating the model on
alternative fuel.
``(3) Except as provided in paragraph (5) of this
subsection, subsection (d) of this section, or section
32904(a)(2) of this title, the Administrator shall measure the
fuel economy for each model of dual fueled automobiles
manufactured by a manufacturer in the first model year
beginning not less than 42 months after the date of enactment
of the Fuel Security and Consumer Choice Act by dividing 1.0 by
the sum of--
``(A) 0.9 divided by the fuel economy measured
under section 32904(c) of this title when operating the
model on gasoline or diesel fuel; and
``(B) 0.1 divided by the fuel economy measured
under subsection (a) when operating the model on
alternative fuel.
``(4) Except as provided in subsection (d) of this section,
or section 32904(a)(2) of this title, the Administrator shall
measure the fuel economy for each model of dual fueled
automobiles manufactured by a manufacturer in each model year
beginning not less than 54 months after the date of enactment
of the Fuel Security and Consumer Choice Act in accordance with
section 32904(c) of this title.
``(5) Notwithstanding paragraphs (2) through (4) of this
subsection, the fuel economy for all dual fueled automobiles
manufactured to comply with the requirements under section
32902A(a) of this title, including automobiles for which dual
fueled automobile credits have been used or traded under
section 32902A(b) of this title, shall be measured in
accordance with section 32904(c) of this title.''. | Fuel Security and Consumer Choice Act - Amends federal transportation law to require manufacturers of new automobiles that can operate on gasoline or diesel fuel (dual fueled automobiles) to manufacture such automobiles by increasing percentages for 10 model years and beyond. Allows manufacturers to earn credits which may be applied to any three consecutive model years after the year in which they were earned if the manufacturer exceeds the number of dual fueled automobiles required to be manufactured in a particular year. Authorizes a manufacturer to sell credits to another manufacturer to enable the purchaser to meet the percentage requirements under this Act.
Requires the Administrator of the Environmental Protection Agency (EPA) to measure the fuel economy for each model of dual fueled automobile based on certain formulas. | {"src": "billsum_train", "title": "To require that an increasing percentage of new automobiles be dual fueled automobiles, to revise the method for calculating corporate average fuel economy for such vehicles, and for other purposes."} | 1,559 | 161 | 0.507547 | 1.207895 | 0.654181 | 3.029197 | 10.627737 | 0.824818 |
SECTION 1. TAX REPORTING FOR LIFE SETTLEMENT TRANSACTIONS.
(a) In General.--Subpart B of part III of subchapter A of chapter
61 of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 6050X. RETURNS RELATING TO CERTAIN LIFE INSURANCE CONTRACT
TRANSACTIONS.
``(a) Requirement of Reporting of Certain Payments.--
``(1) In general.--Every person who acquires a life
insurance contract or any interest in a life insurance contract
in a reportable policy sale during any taxable year shall make
a return for such taxable year (at such time and in such manner
as the Secretary shall prescribe) setting forth--
``(A) the name, address, and TIN of such person,
``(B) the name, address, and TIN of each recipient
of payment in the reportable policy sale,
``(C) the date of such sale,
``(D) the name of the issuer of the life insurance
contract sold and the policy number of such contract,
and
``(E) the amount of each payment.
``(2) Statement to be furnished to persons with respect to
whom information is required.--Every person required to make a
return under this subsection shall furnish to each person whose
name is required to be set forth in such return a written
statement showing--
``(A) the name, address, and phone number of the
information contact of the person required to make such
return, and
``(B) the information required to be shown on such
return with respect to such person, except that in the
case of an issuer of a life insurance contract, such
statement is not required to include the information
specified in paragraph (1)(E).
``(b) Requirement of Reporting of Seller's Basis in Life Insurance
Contracts.--
``(1) In general.--Upon receipt of the statement required
under subsection (a)(2) or upon notice of a transfer of a life
insurance contract to a foreign person, each issuer of a life
insurance contract shall make a return (at such time and in
such manner as the Secretary shall prescribe) setting forth--
``(A) the name, address, and TIN of the seller who
transfers any interest in such contract in such sale,
``(B) the investment in the contract (as defined in
section 72(e)(6)) with respect to such seller, and
``(C) the policy number of such contract.
``(2) Statement to be furnished to persons with respect to
whom information is required.--Every person required to make a
return under this subsection shall furnish to each person whose
name is required to be set forth in such return a written
statement showing--
``(A) the name, address, and phone number of the
information contact of the person required to make such
return, and
``(B) the information required to be shown on such
return with respect to each seller whose name is
required to be set forth in such return.
``(c) Requirement of Reporting With Respect to Reportable Death
Benefits.--
``(1) In general.--Every person who makes a payment of
reportable death benefits during any taxable year shall make a
return for such taxable year (at such time and in such manner
as the Secretary shall prescribe) setting forth--
``(A) the name, address, and TIN of the person
making such payment,
``(B) the name, address, and TIN of each recipient
of such payment,
``(C) the date of each such payment, and
``(D) the amount of each such payment.
``(2) Statement to be furnished to persons with respect to
whom information is required.--Every person required to make a
return under this subsection shall furnish to each person whose
name is required to be set forth in such return a written
statement showing--
``(A) the name, address, and phone number of the
information contact of the person required to make such
return, and
``(B) the information required to be shown on such
return with respect to each recipient of payment whose
name is required to be set forth in such return.
``(d) Definitions.--For purposes of this section:
``(1) Payment.--The term `payment' means the amount of cash
and the fair market value of any consideration transferred in a
reportable policy sale.
``(2) Reportable policy sale.--The term `reportable policy
sale' has the meaning given such term in section 101(a)(3)(B).
``(3) Issuer.--The term `issuer' means any life insurance
company that bears the risk with respect to a life insurance
contract on the date any return or statement is required to be
made under this section.
``(4) Reportable death benefits.--The term `reportable
death benefits' means amounts paid by reason of the death of
the insured under a life insurance contract that has been
transferred in a reportable policy sale with respect to which,
a statement is required to be furnished under subsection
(a)(2), or a notice of a transfer of a life insurance contract
to a foreign person has been received.''.
(b) Clerical Amendment.--The table of sections for subpart B of
part III of subchapter A of chapter 61 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 6050W
the following new item:
``Sec. 6050X. Returns relating to certain life insurance contract
transactions.''.
(c) Conforming Amendments.--
(1) Section 6724(d)(1)(B) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of clause (xxiv),
by adding ``or'' at the end of clause (xxv), and by inserting
after clause (xxv) the following new clause:
``(xxvi) section 6050X (relating to returns
relating to certain life insurance contract
transactions),''.
(2) Section 6724(d)(2) of such Code is amended by striking
``or'' at the end of subparagraph (HH), by striking the period
at the end of subparagraph (II) and inserting ``, or'', and by
inserting after subparagraph (II) the following new
subparagraph:
``(JJ) subsection (a)(2), (b)(2), or (c)(2) of
section 6050X (relating to returns relating to certain
life insurance contract transactions).''.
(3) Section 6047 of such Code is amended--
(A) by redesignating subsection (g) as subsection
(h),
(B) by inserting after subsection (f) the following
new subsection:
``(g) Information Relating to Life Insurance Contract
Transactions.--This section shall not apply to any information which is
required to be reported under section 6050X.'', and
(C) by adding at the end of subsection (h), as so
redesignated, the following new paragraph:
``(4) For provisions requiring reporting of information
relating to certain life insurance contract transactions, see
section 6050X.''.
(d) Effective Date.--The amendments made by this section shall
apply to--
(1) reportable policy sales after December 31, 2017, and
(2) reportable death benefits paid after December 31, 2017.
SEC. 2. CLARIFICATION OF TAX BASIS OF LIFE INSURANCE CONTRACTS.
(a) In General.--Paragraph (1) of section 1016(a) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (A) and all
that follows and inserting the following:
``(A) for--
``(i) taxes or other carrying charges
described in section 266, or
``(ii) expenditures described in section
173 (relating to circulation expenditures),
for which deductions have been taken by the taxpayer in
determining taxable income for the taxable year or
prior taxable years, or
``(B) for mortality, expense, or other reasonable
charges incurred under an annuity or life insurance
contract.''.
(b) Effective Date.--The amendment made by this section shall apply
to transactions entered into after August 25, 2009.
SEC. 3. EXCEPTION TO TRANSFER FOR VALUABLE CONSIDERATION RULES.
(a) In General.--Subsection (a) of section 101 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(3) Exception to valuable consideration rules for
commercial transfers.--
``(A) In general.--The second sentence of paragraph
(2) shall not apply in the case of a transfer of a life
insurance contract, or any interest therein, which is a
reportable policy sale.
``(B) Reportable policy sale.--
``(i) In general.--For purposes of this
paragraph, the term `reportable policy sale'
means the acquisition of an interest in a life
insurance contract, directly or indirectly, if
the acquirer has no substantial family,
business, or financial relationship with the
insured apart from the acquirer's interest in
such life insurance contract.
``(ii) Indirect acquisitions.--For purposes
of clause (i), the term `indirectly' applies to
the acquisition of an interest in a
partnership, trust, or other entity that holds
an interest in the life insurance contract
unless--
``(I) the insured of the life
insurance contract is an existing or
former employee, officer, director, 5-
percent owner, or independent
contractor of the acquired entity or
its subsidiaries or predecessors, and
``(II) no more than 50 percent of
the gross value of the assets of the
acquired entity consists of life
insurance contracts or the parties
demonstrate to the satisfaction of the
Secretary that the acquisition of the
life insurance is not the principal
purpose of the acquired entity.
``(iii) Determination of gross value of
assets.--For purposes of clause (ii), the term
`gross value of assets' means, with respect to
any acquired entity, the sum of--
``(I) in the case of assets of the
acquired entity which are life
insurance policies or annuity or
endowment contracts, the unborrowed
policy cash values of such policies and
contracts, and
``(II) in the case of assets of the
acquired entity not described in
subclause (I), the adjusted bases
(within the meaning of section 1016) of
such assets.''.
(b) Conforming Amendment.--Paragraph (1) of section 101(a) of the
Internal Revenue Code of 1986 is amended by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers after December 31, 2017. | This bill amends the Internal Revenue Code to modify the tax treatment of certain life insurance contract transactions. The bill establishes reporting requirements for acquisitions of life insurance contracts in a reportable policy sale. Specified details must be reported regarding: the payments, contracts, and people involved in the acquisition; the seller's basis; and payments of death benefits. A "reportable policy sale" is the acquisition of an interest in a life insurance contract, directly or indirectly, if the acquirer has no substantial family, business, or financial relationship with the insured apart from the acquirer's interest in such life insurance contract. The bill also: (1) specifies that no basis adjustment shall be made for mortality, expense, or other reasonable charges incurred under an annuity or life insurance contract; and (2) exempts the transfer of a life insurance contract, or any interest therein, in a reportable policy sale from the transfer for valuable consideration rule. (Under current law, the transfer for valuable consideration rule provides that, if a life insurance contract or an interest in a contract is transferred for a valuable consideration, the tax exclusion for amounts received under a life insurance contract due to the death of the insured is limited to the sum of the actual value of the consideration and the premiums and other amounts subsequently paid by the transferee.) | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to clarify the tax treatment of certain life insurance contract transactions, and for other purposes."} | 2,423 | 294 | 0.497462 | 1.515355 | 0.68046 | 3.29771 | 8.549618 | 0.824427 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Advisory Program
Authorization Act of 2018'' or the ``IAP Authorization Act of 2018''.
SEC. 2. AUTHORIZATION OF THE IMMIGRATION ADVISORY PROGRAM.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the
following new section:
``SEC. 419. IMMIGRATION ADVISORY PROGRAM.
``(a) In General.--There is authorized within United States Customs
and Border Protection an immigration advisory program (in this section
referred to as the `program') for United States Customs and Border
Protection officers, pursuant to an agreement with a host country, to
assist air carriers and security employees at foreign airports with
review of traveler information during the processing of flights bound
for the United States.
``(b) Activities.--In carrying out the program, United States
Customs and Border Protection officers may--
``(1) be present during processing of flights bound for the
United States;
``(2) assist air carriers and security employees with
document examination and traveler security assessments;
``(3) provide relevant training to air carriers, security
employees, and host-country authorities;
``(4) analyze electronic passenger information and
passenger reservation data to identify potential threats;
``(5) engage air carriers and travelers to confirm
potential terrorist watchlist matches;
``(6) make recommendations to air carriers to deny
potentially inadmissable passengers boarding flights bound for
the United States; and
``(7) conduct other activities to secure flights bound for
the United States, as directed by the Commissioner of United
States Customs and Border Protection.
``(c) Notification to Congress.--Not later than 60 days before an
agreement with the government of a host country pursuant to the program
described in this section enters into force, the Commissioner of United
States Customs and Border Protection shall provide the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate with--
``(1) a copy of such agreement, which shall include--
``(A) the identification of the host country with
which United States Customs and Border Protection
intends to enter into such agreement;
``(B) the location at which activities described in
subsection (b) will be conducted pursuant to such
agreement; and
``(C) the terms and conditions for United States
Customs and Border Protection personnel operating at
such location;
``(2) country-specific information on the anticipated
homeland security benefits associated with such agreement;
``(3) an assessment of the impacts such agreement will have
on United States Customs and Border Protection domestic port of
entry staffing;
``(4) information on the anticipated costs over the 5
fiscal years after such agreement enters into force associated
with carrying out such agreement;
``(5) details on information sharing mechanisms to ensure
that United States Customs and Border Protection has current
information to prevent terrorist and criminal travel; and
``(6) other factors that the Commissioner determines
necessary for Congress to comprehensively assess the
appropriateness of carrying out the program.
``(d) Amendment of Existing Agreements.--Not later than 30 days
before a substantially amended program agreement with the government of
a host country in effect as of the date of the enactment of this
section enters into force, the Commissioner of United States Customs
and Border Protection shall provide to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate--
``(1) a copy of such agreement, as amended; and
``(2) the justification for such amendment.
``(e) Definitions.--In this section, the terms `air carrier' and
`foreign air carrier' have the meanings given such terms in section
40102 of title 49, United States Code.''.
(b) Conforming Amendment.--Subsection (c) of section 411 of the
Homeland Security Act of 2002 (6 U.S.C. 211) is amended--
(1) in paragraph (18), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (19) as paragraph (20); and
(3) by inserting after paragraph (18) the following new
paragraph:
``(19) carry out section 419, relating to the immigration
advisory program; and''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 418 the following new item:
``Sec. 419. Immigration advisory program.''.
Passed the House of Representatives June 25, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Immigration Advisory Program Authorization Act of 2018 or the IAP Authorization Act of 2018 (Sec. 2) This bill amends the Homeland Security Act of 2002 to authorize within U.S. Customs and Border Protection (CBP) an immigration advisory program for CBP officers, pursuant to an agreement with a host country, to assist air carriers and security employees at foreign airports review traveler information during the processing of U.S.-bound flights. CBP shall provide Congress with: a copy of any host country agreement within 60 days of such agreement entering into force which shall include information on anticipated homeland security benefits, costs, CBP personnel needs, and possible terrorist and criminal travel; and a copy of, and a justification for, any substantially amended agreement within 30 days of such agreement entering into force. | {"src": "billsum_train", "title": "Immigration Advisory Program Authorization Act of 2018"} | 1,064 | 173 | 0.644879 | 1.681564 | 0.851325 | 3.644295 | 6.798658 | 0.865772 |
SECTION 1. SATISFACTION OF CLAIMS AGAINST THE UNITED STATES.
(a) Payment of Claims.--The Secretary of the Treasury shall pay,
out of money not otherwise appropriated--
(1) to the Global Exploration and Development Corporation, a
Florida corporation incorporated in Delaware, $9,500,000;
(2) to Kerr-McGee Corporation, an Oklahoma corporation
incorporated in Delaware, $10,000,000; and
(3) to Kerr-McGee Chemical, LLC, a limited liability company
organized under the laws of Delaware, $0.
(b) Condition of Payment.--
(1) Global exploration and development corporation.--The
payment authorized by subsection (a)(1) is in settlement and
compromise of all claims of Global Exploration and Development
Corporation, as described in the recommendations of the United
States Court of Federal Claims set forth in 36 Fed. Cl. 776.
(2) Kerr-mcgee corporation and kerr-mcgee chemical, llc.--The
payment authorized by subsections (a)(2) and (a)(3) are in
settlement and compromise of all claims of Kerr-McGee Corporation
and Kerr-McGee Chemical, LLC, as described in the recommendations
of the United States Court of Federal Claims set forth in 36 Fed.
Cl. 776.
(c) Limitation on Fees.--Not more than 15 percent of the sums
authorized to be paid by subsection (a) shall be paid to or received by
any agent or attorney for services rendered in connection with the
recovery of such sums. Any person violating this subsection shall be
fined not more than $1,000.
SEC. 2. CRIMINAL PROHIBITION ON THE DISTRIBUTION OF CERTAIN INFORMATION
RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS
DESTRUCTION.
(a) Unlawful Conduct.--Section 842 of title 18, United States Code,
is amended by adding at the end the following:
``(p) Distribution of Information Relating to Explosives,
Destructive Devices, and Weapons of Mass Destruction.--
``(1) Definitions.--In this subsection--
``(A) the term `destructive device' has the same meaning as
in section 921(a)(4);
``(B) the term `explosive' has the same meaning as in
section 844(j); and
``(C) the term `weapon of mass destruction' has the same
meaning as in section 2332a(c)(2).
``(2) Prohibition.--It shall be unlawful for any person--
``(A) to teach or demonstrate the making or use of an
explosive, a destructive device, or a weapon of mass
destruction, or to distribute by any means information
pertaining to, in whole or in part, the manufacture or use of
an explosive, destructive device, or weapon of mass
destruction, with the intent that the teaching, demonstration,
or information be used for, or in furtherance of, an activity
that constitutes a Federal crime of violence; or
``(B) to teach or demonstrate to any person the making or
use of an explosive, a destructive device, or a weapon of mass
destruction, or to distribute to any person, by any means,
information pertaining to, in whole or in part, the manufacture
or use of an explosive, destructive device, or weapon of mass
destruction, knowing that such person intends to use the
teaching, demonstration, or information for, or in furtherance
of, an activity that constitutes a Federal crime of
violence.''.
(b) Penalties.--Section 844 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``person who violates any of subsections''
and inserting the following: ``person who--
``(1) violates any of subsections'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(2) violates subsection (p)(2) of section 842, shall be fined
under this title, imprisoned not more than 20 years, or both.'';
and
(2) in subsection (j), by inserting ``and section 842(p)''
after ``this section''.
SEC. 3. SETTLEMENT OF CLAIMS OF MENOMINEE INDIAN TRIBE OF WISCONSIN.
(a) Payment.--The Secretary of the Treasury shall pay to the
Menominee Indian Tribe of Wisconsin, out of any funds in the Treasury
of the United States not otherwise appropriated, $32,052,547 for
damages sustained by the Menominee Indian Tribe of Wisconsin by reason
of--
(1) the enactment and implementation of the Act entitled ``An
Act to provide for a per capita distribution of Menominee tribal
funds and authorize the withdrawal of the Menominee Tribe from
Federal jurisdiction'', approved June 17, 1954 (68 Stat. 250 et
seq., chapter 303); and
(2) the mismanagement by the United States of assets of the
Menominee Indian Tribe held in trust by the United States before
April 30, 1961, the effective date of termination of Federal
supervision of the Menominee Indian Tribe of Wisconsin.
(b) Effect of Payment.--Payment of the amount referred to in
subsection (a) shall be in full satisfaction of any claims that the
Menominee Indian Tribe of Wisconsin may have against the United States
with respect to the damages referred to in that subsection.
(c) Requirements for Payment.--The payment to the Menominee Indian
Tribe of Wisconsin under subsection (a) shall--
(1) have the status of a judgment of the United States Court of
Federal Claims for the purposes of the Indian Tribal Judgment Funds
Use or Distribution Act (25 U.S.C. 1401 et seq.); and
(2) be made in accordance with the requirements of that Act on
the condition that, of the amounts remaining after payment of
attorney fees and litigation expenses--
(A) at least 30 percent shall be distributed on a per
capita basis; and
(B) the balance shall be set aside and programmed to serve
tribal needs, including funding for--
(i) educational, economic development, and health care
programs; and
(ii) such other programs as the circumstances of the
Menominee Indian Tribe of Wisconsin may justify.
(d) Limitation on Fees.--Not more than 15 percent of the sums
authorized to be paid by subsection (a) shall be paid to or received by
any agent or attorney for services rendered in connection with the
recovery of such sums. Any person violating this subsection shall be
fined not more than $1,000.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary of the Treasury to pay specified funds to the Global Exploration and Development Corporation, Kerr-McGee Corporation, and Kerr-McGee Chemical, LLC, in settlement and compromise of claims of such corporations and company. Limits agent or attorney recovery fees to 15 percent of such sums.
(Sec. 2) Amends the Federal criminal code to prohibit and set penalties for teaching or demonstrating the making or use of an explosive, destructive device, or weapon of mass destruction, or distributing information pertaining to its manufacture or use, with or knowing of the intent that the information be used for a Federal crime of violence.
(Sec. 3) Requires the Secretary to pay to the Menominee Indian Tribe of Wisconsin, in full satisfaction of any claims that the Tribe may have against the United States, a specified sum for damages sustained by the Tribe by reason of: (1) the enactment and implementation of a Federal statute providing for a per capita distribution of Menominee tribal funds and authorizing the withdrawal of the Tribe from Federal jurisdiction; and (2) the mismanagement by the United States of tribe assets held in trust by the United States before April 30, 1961, the effective termination date of Federal supervision of the Tribe.
Provides that such payment shall have the status of a judgment of the United States Court of Federal Claims for purposes of the Indian Tribal Judgment Funds Use or Distribution Act and shall be made in accordance with the requirements of that Act on the condition that, of the amounts remaining after payment of attorney's fees and litigation expenses: (1) at least 30 percent shall be distributed on a per capita basis; and (2) the balance shall be set aside and programmed to serve tribal needs, including educational, economic development, and health care programs. Limits agent or attorney recovery fees to 15 percent of sums paid. | {"src": "billsum_train", "title": "A bill for the relief of Global Exploration and Development Corporation, Kerr-McGee Corporation, and Kerr-McGee Chemical, LLC (successor to Kerr-McGee Chemical Corporation), and for other purposes."} | 1,538 | 406 | 0.565529 | 1.997126 | 0.764859 | 5.083333 | 3.722222 | 0.938889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Humane Enforcement and Legal
Protections for Separated Children Act'' or the ``HELP Separated
Children Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Apprehension.--The term ``apprehension'' means the
detention, arrest, or custody by officials of the Department or
cooperating entities.
(2) Child.--Except as otherwise specifically provided, the
term ``child'' has the meaning given to the term in section
101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)).
(3) Child welfare agency.--The term ``child welfare
agency'' means the State or local agency responsible for child
welfare services under subtitles B and E of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting under agreement with the
Secretary.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used to hold
individuals suspected or found to be in violation of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(7) Immigration enforcement action.--The term ``immigration
enforcement action'' means the apprehension of, detention of,
or request for or issuance of a detainer for, 1 or more
individuals for suspected or confirmed violations of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by the
Secretary or a cooperating entity.
(8) Local educational agency.--The term ``local educational
agency'' has the meaning given to the term in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(9) NGO.--The term ``NGO'' means a nongovernmental
organization that provides social services or humanitarian
assistance to the immigrant community.
(10) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of the Department.
SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED
ACTIVITIES.
(a) Notification.--
(1) Advance notification.--Subject to paragraph (2), when
conducting any immigration enforcement action, the Secretary
and cooperating entities shall notify the Governor of the
State, the local child welfare agency, and relevant State and
local law enforcement before commencing the action, or, if
advance notification is not possible, immediately after
commencing such action, of--
(A) the approximate number of individuals to be
targeted in the immigration enforcement action; and
(B) the primary language or languages believed to
be spoken by individuals at the targeted site.
(2) Hours of notification.--To the extent possible, the
advance notification required by paragraph (1) should occur
during business hours and allow the notified entities
sufficient time to identify resources to conduct the interviews
described in subsection (b)(1).
(3) Other notification.--When conducting any immigration
action, the Secretary and cooperating entities shall notify the
relevant local educational agency and local NGOs of the
information described in paragraph (1) immediately after
commencing the action.
(b) Apprehension Procedures.--In any immigration enforcement
action, the Secretary and cooperating entities shall--
(1) as soon as possible and not later than 6 hours after an
immigration enforcement action, provide licensed social workers
or case managers employed or contracted by the child welfare
agency or local NGOs with confidential access to screen and
interview individuals apprehended in such immigration
enforcement action to assist the Secretary or cooperating
entity in determining if such individuals are parents, legal
guardians, or primary caregivers of a child in the United
States;
(2) as soon as possible and not later than 8 hours after an
immigration enforcement action, provide any apprehended
individual believed to be a parent, legal guardian, or primary
caregiver of a child in the United States with--
(A) free, confidential telephone calls, including
calls to child welfare agencies, attorneys, and legal
services providers, to arrange for the care of children
or wards, unless the Secretary has reasonable grounds
to believe that providing confidential phone calls to
the individual would endanger public safety or national
security; and
(B) contact information for--
(i) child welfare agencies in all 50
States, the District of Columbia, all United
States territories, counties, and local
jurisdictions; and
(ii) attorneys and legal service providers
capable of providing free legal advice or free
legal representation regarding child welfare,
child custody determinations, and immigration
matters;
(3) ensure that personnel of the Department and cooperating
entities do not--
(A) interview individuals in the immediate presence
of children; or
(B) compel or request children to translate for
interviews of other individuals who are encountered as
part of an immigration enforcement action; and
(4) ensure that any parent, legal guardian, or primary
caregiver of a child in the United States--
(A) receives due consideration of the best
interests of his or her children or wards in any
decision or action relating to his or her detention,
release, or transfer between detention facilities; and
(B) is not transferred from his or her initial
detention facility or to the custody of the Secretary
until the individual--
(i) has made arrangements for the care of
his or her children or wards; or
(ii) if such arrangements are impossible,
is informed of the care arrangements made for
the children and of a means to maintain
communication with the children.
(c) Nondisclosure and Retention of Information About Apprehended
Individuals and Their Children.--
(1) In general.--Information collected by child welfare
agencies and NGOs in the course of the screenings and
interviews described in subsection (b)(1) may not be disclosed
to Federal, State, or local government entities or to any
person, except pursuant to written authorization from the
individual or his or her legal counsel.
(2) Child welfare agency or ngo recommendation.--
Notwithstanding paragraph (1), a child welfare agency or NGO
may--
(A) submit a recommendation to the Secretary or a
cooperating entity regarding whether an apprehended
individual is a parent, legal guardian, or primary
caregiver who is eligible for the protections provided
under this Act; and
(B) disclose information that is necessary to
protect the safety of the child, to allow for the
application of subsection (b)(4)(A), or to prevent
reasonably certain death or substantial bodily harm.
SEC. 4. ACCESS TO CHILDREN, LOCAL AND STATE COURTS, CHILD WELFARE
AGENCIES, AND CONSULAR OFFICIALS.
(a) In General.--The Secretary shall ensure that all detention
facilities operated by or under agreement with the Department implement
procedures to ensure that the best interest of the child, including a
preference for family unity wherever appropriate, is considered in any
decision and action relating to the custody of children whose parent,
legal guardian, or primary caregiver is detained as the result of an
immigration enforcement action.
(b) Access to Children, State and Local Courts, Child Welfare
Agencies, and Consular Officials.--At all detention facilities operated
by, or under agreement with, the Department, the Secretary shall--
(1) prominently post in a manner accessible to detainees
and visitors and include in detainee handbooks information on
the protections of this Act as well as information on potential
eligibility for parole or release;
(2) ensure that individuals who are detained by reason of
their immigration status may receive the screenings and
interviews described in section 3(b)(1) not later than 6 hours
after their arrival at the detention facility;
(3) ensure that individuals who are detained by reason of
their immigration status and are believed to be parents, legal
guardians, or primary caregivers of children in the United
States are--
(A) permitted daily phone calls and regular contact
visits with their children or wards;
(B) able to participate fully, and to the extent
possible in-person, in all family court proceedings and
any other proceeding impacting upon custody of their
children or wards;
(C) able to fully comply with all family court or
child welfare agency orders impacting upon custody of
their children or wards;
(D) provided with contact information for family
courts in all 50 States, the District of Columbia, all
United States territories, counties, and local
jurisdictions;
(E) granted free and confidential telephone calls
to child welfare agencies and family courts as often as
is necessary to ensure that the best interest of the
child, including a preference for family unity whenever
appropriate, can be considered;
(F) granted free and confidential telephone calls
and confidential in-person visits with attorneys, legal
representatives, and consular officials;
(G) provided United States passport applications
for the purpose of obtaining travel documents for their
children or wards;
(H) granted adequate time before removal to obtain
passports and other necessary travel documents on
behalf of their children or wards if such children or
wards will accompany them on their return to their
country of origin or join them in their country of
origin; and
(I) provided with the access necessary to obtain
birth records or other documents required to obtain
passports for their children or wards; and
(4) facilitate the ability of detained parents, legal
guardians, and primary caregivers to share information
regarding travel arrangements with their children or wards,
child welfare agencies, or other caregivers well in advance of
the detained individual's departure from the United States.
SEC. 5. MEMORANDA OF UNDERSTANDING.
The Secretary shall develop and implement memoranda of
understanding or protocols with child welfare agencies and NGOs
regarding the best ways to cooperate and facilitate ongoing
communication between all relevant entities in cases involving a child
whose parent, legal guardian, or primary caregiver has been apprehended
or detained in an immigration enforcement action to protect the best
interests of the child, including a preference for family unity
whenever appropriate.
SEC. 6. MANDATORY TRAINING.
The Secretary, in consultation with the Secretary of Health and
Human Services and independent child welfare experts, shall require and
provide in-person training on the protections required under sections 3
and 4 to all personnel of the Department and of States and local
entities acting under agreement with the Department who regularly come
into contact with children or parents in the course of conducting
immigration enforcement actions.
SEC. 7. RULEMAKING.
Not later than 120 days after the date of the enactment of this
Act, the Secretary shall promulgate regulations to implement this Act.
SEC. 8. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
SEC. 9. REPORT ON PROTECTIONS FOR CHILDREN IMPACTED BY IMMIGRATION
ENFORCEMENT ACTIVITIES.
(a) Requirement for Report.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report that describes the impact of
immigration enforcement activities on children, including children who
are citizens of the United States.
(b) Content.--The report submitted under subsection (a) shall
include for the previous 1-year period an assessment of--
(1) the number of individuals removed from the United
States who are the parent of a child who is a citizen of the
United States;
(2) the number of occasions in which both parents or the
primary caretaker of such a child was removed from the United
States;
(3) the number of children who are citizens of the United
States who leave the United States with parents who are
removed;
(4) the number of such children who remained in the United
States after the removal of a parent;
(5) the age of each such child at the time a parent is
removed; and
(6) the number of instances in which such a child whose
parent is apprehended, detained, or removed is referred to the
local child welfare agency by officers or employees of the
Department. | Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act - Sets forth apprehension procedures for immigration enforcement-related activities engaged in by the Department of Homeland Security (DHS) and cooperating entities, including: (1) providing the governor, local child welfare agencies, and local law enforcement with advance notice of an enforcement activity, if possible; (2) providing child welfare agencies and community organizations access to detained individuals to help DHS identify detainees who have children; (3) permitting detainees with children to make free phone calls to arrange for such children's care; and (4) requiring that the interests of children be considered in decisions regarding detainee release, detention, or transfer.
Directs the Secretary of Homeland Security to: (1) require DHS detention facilities to implement procedures to ensure that child custody and family interests can be considered in any immigration detention action, (2) develop memoranda of understanding with child welfare agencies and community organizations that protect the best interests of children of detained individuals, and (3) provide DHS personnel with appropriate training. | {"src": "billsum_train", "title": "A bill to protect children affected by immigration enforcement actions, and for other purposes."} | 2,745 | 234 | 0.514835 | 1.382276 | 0.903764 | 2.322115 | 12.254808 | 0.918269 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Opportunity and
Accountability Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Public investment in the transportation system of the
United States is critical to ensuring equitable opportunities,
mobility, and economic security and prosperity for all
Americans.
(2) To prevent and eliminate discrimination on the basis of
race, color, or national origin related to Federal
transportation funding, the Department of Transportation has
issued regulations to effectuate title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.), which prohibit
discrimination on the basis of race, color, or national origin,
including actions that have the effect of discriminating
against individuals of a particular race, color, or national
origin.
(3) Full enforcement of title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.) and related regulations is
necessary to establish accountability for recipients of Federal
funds and to ensure that Federal funds are not spent in a
manner that encourages, subsidizes, or results in
discrimination on the basis of race, color, or national origin,
directly or indirectly.
(4) The absence of a private right of action to enforce
Department of Transportation regulations that effectuate title
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
would leave full vindication of the right to nondiscrimination
solely to the Department of Transportation, which may fail to
take necessary and appropriate action because of administrative
delay, limited resources, or other reasons.
(5) The decision of the Supreme Court in Alexander v.
Sandoval, 532 U.S. 275 (2001), impairs protections against
discrimination intended by Congress, denying a private right of
action to redress conduct prohibited by title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) and related
regulations.
(6) Action by Congress to confirm the existence of an
effective private right of action is necessary to ensure that
victims of discrimination will have a remedy if they are
excluded from, denied the benefits of, or subjected to
discrimination by programs or activities receiving Federal
financial assistance.
(7) Without effective enforcement of equal opportunity and
nondiscrimination statutes and regulations, transportation
decisions and investments can directly or indirectly result in
discriminatory outcomes, including residential segregation,
population displacement, exclusion from transportation
decisionmaking, disproportionately high rates of exposure to
pollutants, and denial of equitable transportation benefits on
the basis of race, color, or national origin.
(8) Without effective oversight and monitoring of equal
opportunity and nondiscrimination statutes and regulations,
transportation decisions and investments can directly or
indirectly result in the underemployment of racial and ethnic
minority workers and the underrepresentation of disadvantaged
business enterprises in Federal contracting.
(9) The likelihood of owning an automobile varies by race,
color, and national origin, with 24 percent of African-American
households, 17 percent of Latino households, and 13 percent of
Asian-American households not owning an automobile as compared
to 7 percent of Caucasian households.
(10) Reliance on public transportation varies by race,
color, and national origin, as nearly 60 percent of all transit
riders are people of color.
(11) Public transportation investment decisions are
significantly related to access to job opportunities for
communities reliant on mass transit.
(12) African-Americans, Latinos, and Asian-Americans are
more likely to rely on mass transit to get to work and school
than Caucasians and, in urban areas, people of color comprise
62 percent of all bus riders, 35 percent of all subway riders,
and 29 percent of all commuter rail riders.
(13) Exposure to pollutants associated with highway,
freight facility, and other transportation investments varies
by race, color, and national origin, with African-Americans and
Latinos disproportionately exposed to harmful air pollutants
associated with highways and freeways.
(14) Only 6 percent of the roughly 8,000,000 people
employed in the construction industry are African-American,
which results in African-American workers being less likely to
be hired on transportation projects.
(15) Racial and ethnic minorities are underrepresented in
transportation decisionmaking bodies, as 88 percent of the
voting members of the 50 largest metropolitan planning
organizations in the United States are Caucasian, 7 percent are
African-American, 3 percent are Latino, and one percent are
Asian or Pacific Islander, and minorities are underrepresented
in State departments of transportation in almost all workforce
categories, including the officials and administrators who lead
those organizations and make hiring decisions.
SEC. 3. ENFORCEMENT RELATING TO TITLE VI OF THE CIVIL RIGHTS ACT OF
1964.
(a) Administrative Enforcement.--
(1) In general.--The Secretary of Transportation shall
enhance monitoring, enforcement, and technical assistance
activities carried out by the Department of Transportation to
ensure the compliance of recipients of Federal financial
assistance with title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
each of fiscal years 2012 through 2016.
(b) Private Right of Action.--
(1) Purpose.--It is the purpose of this subsection to
clarify that there is a private right of action to enforce the
regulations of the Department of Transportation issued to
effectuate title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
(2) In general.--Any person aggrieved by the failure of a
recipient of Federal financial assistance to comply with any
regulation, or part thereof, that prohibits discrimination and
was issued by the Secretary of Transportation to effectuate
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) may bring a civil action in any Federal or State court of
competent jurisdiction.
(3) Recovery with respect to intentional discrimination.--
In an action brought by an aggrieved person pursuant to
paragraph (2) based on evidence of intentional discrimination,
the aggrieved person may recover equitable and legal relief,
reasonable attorney's fees (including expert fees), and costs.
(4) Recovery with respect to discrimination based on
disparate impact.--In an action brought by an aggrieved person
pursuant to paragraph (2) based on evidence of disparate
impact, the aggrieved person may recover equitable relief,
reasonable attorney's fees (including expert fees), and costs.
(5) Waiver of state immunity.--As a condition of receiving
Federal financial assistance from the Department of
Transportation, a State waives immunity under the 11th
Amendment of the Constitution of the United States with respect
to a civil action brought in Federal court under paragraph (2).
(6) Relationship to other law.--Nothing in this subsection
may be interpreted to restrict or deny any other right, private
right of action, privilege, remedy, or protection expressly or
implicitly conferred by any other provision of law, including
any regulation.
SEC. 4. TRANSPORTATION EQUITY RESEARCH PROGRAM.
(a) In General.--The Secretary of Transportation shall carry out
research and demonstration activities relating to the impact of
transportation planning, investment, and operations on low-income and
minority populations, including populations that are transit dependent.
(b) Required Activities.--Research and demonstration activities
carried out under subsection (a) shall include activities to assist the
development of--
(1) strategies to advance equitable economic and community
development in low-income and minority communities;
(2) strategies to increase the participation of low-income
and minority communities in transportation planning and
decisionmaking;
(3) training programs that promote equitable employment
opportunities for low-income and minority individuals with
respect to federally funded transportation projects; and
(4) research techniques for and data on the impact of
transportation policy on individuals without an automobile and
other vulnerable populations, including with respect to
disaster preparedness and response, public health, and land
use.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2012 through 2016.
SEC. 5. EQUAL OPPORTUNITY ASSESSMENT.
(a) In General.--In accordance with this section, the Secretary of
Transportation shall assess, throughout the United States, the extent
to which nondiscrimination and equal opportunity exist in the
construction and operation of federally funded transportation projects,
programs, and activities.
(b) Supporting Information.--In conducting the assessment under
subsection (a), the Secretary shall--
(1) review all demographic data, discrimination complaints,
reports, and other relevant information collected or prepared
by a recipient of Federal financial assistance or the
Department of Transportation pursuant to an applicable civil
rights statute, regulation, or other obligation; and
(2) coordinate with the Secretary of Labor, as necessary,
to obtain information regarding equitable employment and
contracting opportunities.
(c) Report.--Not later than 4 years after the date of enactment of
this Act, and every 4 years thereafter, the Secretary shall submit to
Congress and publish on the Web site of the Department of
Transportation a report on the results of the assessment under
subsection (a), which shall include the following:
(1) A specification of the impediments to nondiscrimination
and equal opportunity in federally funded transportation
projects, programs, and activities.
(2) Recommendations for overcoming the impediments
specified under paragraph (1).
(3) Information upon which the assessment is based.
(d) Collection and Reporting Procedures.--
(1) Public availability.--The Secretary shall ensure, to
the extent appropriate, that all information reviewed or
collected for the assessment under subsection (a) is made
available to the public through the prompt and ongoing
publication of the information, including a summary of the
information, on the Web site of the Department of
Transportation.
(2) Regulations.--The Secretary shall issue regulations for
the collection and reporting of information necessary to carry
out this section.
(e) Coordination.--In carrying out this section, the Secretary
shall coordinate with the Director of the Bureau of Transportation
Statistics, the Director of the Departmental Office of Civil Rights,
the Secretary of Labor, and the heads of such other agencies as may
contribute to the assessment under subsection (a).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for each of fiscal
years 2012 through 2016. | Transportation Opportunity and Accountability Act of 2011 - Directs the Secretary of Transportation (DOT) to ensure administrative compliance with title VI of the Civil Rights Act of 1964 prohibiting discrimination by recipients of federal transportation funding.
Allows a person aggrieved by violation of such nondiscrimination regulations to bring a civil action in federal or state court for equitable or legal relief, including reasonable attorney's fees, expert fees, and costs.
Directs the Secretary to carry out research and demonstration activities relating to the impact of transportation planning, investment, and operations on low-income and minority populations, including populations that are transit dependent.
Directs the Secretary to assess the extent to which nondiscrimination and equal opportunity exist in the United States in the construction and operation of federally-funded transportation projects. | {"src": "billsum_train", "title": "To prevent and remedy discrimination with respect to federally funded transportation projects, programs, and activities, and for other purposes."} | 2,280 | 170 | 0.555171 | 1.671586 | 0.864111 | 5.115646 | 14.537415 | 0.952381 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Intellectual
Property Protection Restoration Act of 2001''.
(b) References.--Any reference in this Act to the Trademark Act of
1946 shall be a reference to the Act entitled ``An Act to provide for
the registration and protection of trade-marks used in commerce, to
carry out the provisions of certain international conventions, and for
other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.).
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) help eliminate the unfair commercial advantage that
States and their instrumentalities now hold in the Federal
intellectual property system because of their ability to obtain
protection under the United States patent, copyright, and
trademark laws while remaining exempt from liability for
infringing the rights of others;
(2) promote technological innovation and artistic creation
in furtherance of the policies underlying Federal laws and
international treaties relating to intellectual property;
(3) reaffirm the availability of prospective relief against
State officials who are violating or who threaten to violate
Federal intellectual property laws; and
(4) abrogate State sovereign immunity in cases where States
or their instrumentalities, officers, or employees violate the
United States Constitution by infringing Federal intellectual
property.
SEC. 3. INTELLECTUAL PROPERTY REMEDIES EQUALIZATION.
(a) Amendment to Patent Law.--Section 287 of title 35, United
States Code, is amended by adding at the end the following:
``(d)(1) No remedies under section 284 or 289 shall be awarded in
any civil action brought under this title for infringement of a patent
issued on or after January 1, 2002, if a State or State instrumentality
is or was at any time the legal or beneficial owner of such patent,
except upon proof that--
``(A) on or before the date the infringement commenced or
January 1, 2004, whichever is later, the State has waived its
immunity, under the eleventh amendment of the United States
Constitution and under any other doctrine of sovereign
immunity, from suit in Federal court brought against the State
or any of its instrumentalities, for any infringement of
intellectual property protected under Federal law; and
``(B) such waiver was made in accordance with the
constitution and laws of the State, and remains effective.
``(2) The limitation on remedies under paragraph (1) shall not
apply with respect to a patent if--
``(A) the limitation would materially and adversely affect
a legitimate contract-based expectation in existence before
January 1, 2002; or
``(B) the party seeking remedies was a bona fide purchaser
for value of the patent, and, at the time of the purchase, did
not know and was reasonably without cause to believe that a
State or State instrumentality was once the legal or beneficial
owner of the patent.
``(3) The limitation on remedies under paragraph (1) may be raised
at any point in a proceeding, through the conclusion of the action. If
raised before January 1, 2004, the court may stay the proceeding for a
reasonable time, but not later than January 1, 2004, to afford the
State an opportunity to waive its immunity as provided in paragraph
(1).''.
(b) Amendment to Copyright Law.--Section 504 of title 17, United
States Code, is amended by adding at the end the following:
``(e) Limitation on Remedies in Certain Cases.--
``(1) No remedies under this section shall be awarded in
any civil action brought under this title for infringement of
an exclusive right in a work created on or after January 1,
2002, if a State or State instrumentality is or was at any time
the legal or beneficial owner of such right, except upon proof
that--
``(A) on or before the date the infringement
commenced or January 1, 2004, whichever is later, the
State has waived its immunity, under the eleventh
amendment of the United States Constitution and under
any other doctrine of sovereign immunity, from suit in
Federal court brought against the State or any of its
instrumentalities, for any infringement of intellectual
property protected under Federal law; and
``(B) such waiver was made in accordance with the
constitution and laws of the State, and remains
effective.
``(2) The limitation on remedies under paragraph (1) shall
not apply with respect to an exclusive right if--
``(A) the limitation would materially and adversely
affect a legitimate contract-based expectation in
existence before January 1, 2002; or
``(B) the party seeking remedies was a bona fide
purchaser for value of the exclusive right, and, at the
time of the purchase, did not know and was reasonably without cause to
believe that a State or State instrumentality was once the legal or
beneficial owner of the right.
``(3) The limitation on remedies under paragraph (1) may be
raised at any point in a proceeding, through the conclusion of
the action. If raised before January 1, 2004, the court may
stay the proceeding for a reasonable time, but not later than
January 1, 2004, to afford the State an opportunity to waive
its immunity as provided in paragraph (1).''.
(c) Amendment to Trademark Law.--Section 35 of the Trademark Act of
1946 (15 U.S.C. 1117) is amended by adding at the end the following:
``(e) Limitation on Remedies in Certain Cases.--
``(1) No remedies under this section shall be awarded in
any civil action arising under this Act for a violation of any
right of the registrant of a mark registered in the Patent and
Trademark Office on or after January 1, 2002, or any right of
the owner of a mark first used in commerce on or after January
1, 2002, if a State or State instrumentality is or was at any
time the legal or beneficial owner of such right, except upon
proof that--
``(A) on or before the date the violation commenced
or January 1, 2004, whichever is later, the State has
waived its immunity, under the eleventh amendment of
the United States Constitution and under any other
doctrine of sovereign immunity, from suit in Federal
court brought against the State or any of its
instrumentalities, for any infringement of intellectual
property protected under Federal law; and
``(B) such waiver was made in accordance with the
constitution and laws of the State, and remains
effective.
``(2) The limitation on remedies under paragraph (1) shall
not apply with respect to a right of the registrant or owner of
a mark if--
``(A) the limitation would materially and adversely
affect a legitimate contract-based expectation in
existence before January 1, 2002; or
``(B) the party seeking remedies was a bona fide
purchaser for value of the right, and, at the time of
the purchase, did not know and was reasonably without
cause to believe that a State or State instrumentality
was once the legal or beneficial owner of the right.
``(3) The limitation on remedies under paragraph (1) may be
raised at any point in a proceeding, through the conclusion of
the action. If raised before January 1, 2004, the court may
stay the proceeding for a reasonable time, but not later than
January 1, 2004, to afford the State an opportunity to waive
its immunity as provided in paragraph (1).''.
(d) Technical and Conforming Amendments.--
(1) Amendments to patent law.--
(A) In general.--Section 296 of title 35, United
States Code, is repealed.
(B) Table of sections.--The table of sections for
chapter 29 of title 35, United States Code, is amended
by striking the item relating to section 296.
(2) Amendments to copyright law.--
(A) In general.--Section 511 of title 17, United
States Code, is repealed.
(B) Table of sections.--The table of sections for
chapter 5 of title 17, United States Code, is amended
by striking the item relating to section 511.
(3) Amendments to trademark law.--Section 40 of the
Trademark Act of 1946 (15 U.S.C. 1122) is amended--
(A) by striking subsection (b);
(B) in subsection (c), by striking ``or (b)'' after
``subsection (a)''; and
(C) by redesignating subsection (c) as subsection
(b).
SEC. 4. CLARIFICATION OF REMEDIES AVAILABLE FOR STATUTORY VIOLATIONS BY
STATE OFFICERS AND EMPLOYEES.
In any action against an officer or employee of a State or State
instrumentality for any violation of any of the provisions of title 17
or 35, United States Code, the Trademark Act of 1946, or the Plant
Variety Protection Act (7 U.S.C. 2321 et seq.), remedies shall be
available against the officer or employee in the same manner and to the
same extent as such remedies are available in an action against a
private individual under like circumstances. Such remedies may include
monetary damages assessed against the officer or employee, declaratory
and injunctive relief, costs, attorney fees, and destruction of
infringing articles, as provided under the applicable Federal statute.
SEC. 5. LIABILITY OF STATES FOR CONSTITUTIONAL VIOLATIONS INVOLVING
INTELLECTUAL PROPERTY.
(a) Due Process Violations.--Any State or State instrumentality
that violates any of the exclusive rights of a patent owner under title
35, United States Code, of a copyright owner, author, or owner of a
mask work or original design under title 17, United States Code, of an
owner or registrant of a mark used in commerce or registered in the
Patent and Trademark Office under the Trademark Act of 1946, or of an
owner of a protected plant variety under the Plant Variety Protection
Act (7 U.S.C. 2321 et seq.), in a manner that deprives any person of
property in violation of the fourteenth amendment of the United States
Constitution, shall be liable to the party injured in a civil action in
Federal court for compensation for the harm caused by such violation.
(b) Takings Violations.--
(1) In general.--Any State or State instrumentality that
violates any of the exclusive rights of a patent owner under
title 35, United States Code, of a copyright owner, author, or
owner of a mask work or original design under title 17, United
States Code, of an owner or registrant of a mark used in
commerce or registered in the Patent and Trademark Office under
the Trademark Act of 1946, or of an owner of a protected plant
variety under the Plant Variety Protection Act (7 U.S.C. 2321
et seq.), in a manner that takes property in violation of the
fifth and fourteenth amendments of the United States
Constitution, shall be liable to the party injured in a civil
action in Federal court for compensation for the harm caused by
such violation.
(2) Effect on other relief.--Nothing in this subsection
shall prevent or affect the ability of a party to obtain
declaratory or injunctive relief under section 4 of this Act or
otherwise.
(c) Compensation.--Compensation under subsection (a) or (b)--
(1) may include actual damages, profits, statutory damages,
interest, costs, expert witness fees, and attorney fees, as set
forth in the appropriate provisions of title 17 or 35, United
States Code, the Trademark Act of 1946, and the Plant Variety
Protection Act; and
(2) may not include an award of treble or enhanced damages
under section 284 of title 35, United States Code, section
504(d) of title 17, United States Code, section 35(b) of the
Trademark Act of 1946 (15 U.S.C. 1117 (b)), and section 124(b)
of the Plant Variety Protection Act (7 U.S.C. 2564(b)).
(d) Burden of Proof.--In any action under subsection (a) or (b)--
(1) with respect to any matter that would have to be proved
if the action were an action for infringement brought under the
applicable Federal statute, the burden of proof shall be the
same as if the action were brought under such statute; and
(2) with respect to all other matters, including whether
the State provides an adequate remedy for any deprivation of
property proved by the injured party under subsection (a), the
burden of proof shall be upon the State or State
instrumentality.
(e) Effective Date.--This section shall apply to violations that
occur on or after the date of enactment of this Act.
SEC. 6. RULES OF CONSTRUCTION.
(a) Jurisdiction.--The district courts shall have original
jurisdiction of any action arising under this Act under section 1338 of
title 28, United States Code.
(b) Broad Construction.--This Act shall be construed in favor of a
broad protection of intellectual property, to the maximum extent
permitted by the United States Constitution.
(c) Severability.--If any provision of this Act or any application
of such provision to any person or circumstance is held to be
unconstitutional, the remainder of this Act and the application of the
provision to any other person or circumstance shall not be affected. | Intellectual Property Protection Restoration Act of 2001 - Amends Federal patent law to prohibit the award of remedies in civil actions brought for infringement of a patent issued on or after January 1, 2002, if a State or State instrumentality is or was at any time the legal or beneficial owner of such patent, except upon proof that by the date the infringement commenced (or January 1, 2004, whichever is later) the State has waived its immunity from suit in Federal court for any infringement of intellectual property protected under Federal law.Exempts patents from such limitation if it would materially and adversely affect a legitimate contract-based expectation in existence before January 1, 2002, or the party seeking remedies was a bona fide purchaser for value of the patent, and, at the time of the purchase, did not know and was reasonably without cause to believe that a State or State instrumentality was once the legal or beneficial owner of the patent.Amends Federal copyright law and the Trademark Act of 1946 to apply the same condition of State waiver of immunity to suit under Federal law to the award of remedies in any civil action brought under such laws where a State or State instrumentality is or was at any time the legal or beneficial owner of the copyright or trademark involved.Provides that in actions against an officer or employee of a State or its instrumentality for violations of provisions of Federal copyright or patent laws, the U.S. Code, the Trademark Act of 1946, or the Plant Variety Protection Act, remedies shall be available against such individual in the same manner and to the same extent as they available in an action against a private individual under like circumstances.Imposes liability on States for violations of the fifth or fourteenth amendment of the U.S. Constitution (takings or due process violations) involving intellectual property under such Federal laws. | {"src": "billsum_train", "title": "A bill to restore Federal remedies for infringements of intellectual property by States, and for other purposes."} | 2,915 | 393 | 0.660773 | 2.109017 | 0.914374 | 6.290698 | 7.953488 | 0.959302 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Court, Offender
Supervision, Parole, and Public Defender Employees Equity Act of
2008''.
SEC. 2. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES TRANSFERRED
FROM DISTRICT OF COLUMBIA SERVICE TO FEDERAL SERVICE.
(a) In General.--Any individual serving as an employee or Member
(as those terms are defined by section 8401 of title 5, United States
Code) on or after the date of enactment of this Act who performed
qualifying District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable service
under section 8411 of title 5, United States Code, but only for
purposes of the following provisions of such title:
(1) Section 8410 (relating to eligibility for annuity).
(2) Section 8412 (relating to immediate retirement).
(3) Section 8413 (relating to deferred retirement).
(4) Section 8414 (relating to early retirement).
(5) Subchapter IV of chapter 84 (relating to survivor
annuities).
(6) Subchapter V of chapter 84 (relating to disability
benefits).
(b) Service Not Included in Computing Amount of Any Annuity.--
Qualifying District of Columbia service shall not be taken into account
for purposes of computing the amount of any benefit payable out of the
Civil Service Retirement and Disability Fund.
SEC. 3. QUALIFYING DISTRICT OF COLUMBIA SERVICE DEFINED.
In this Act, ``qualifying District of Columbia service'' means any
of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date
of the amendments made by section 11246(b) of the
Balanced Budget Act of 1997; and
(B) for which the individual did not ever receive
credit under the provisions of subchapter III of
chapter 83 or chapter 84 of title 5, United States Code
(other than by virtue of section 8331(1)(iv) of such
title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date
of the individual's coverage as an employee of the
Federal Government under section 11232(f) of such Act;
and
(B) for which the individual did not ever receive
credit under the provisions of subchapter III of
chapter 83 or chapter 84 of title 5, United States Code
(other than by virtue of section 8331(1)(iv) of such
title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date
of the amendments made by section 7(e) of the District
of Columbia Courts and Justice Technical Corrections
Act of 1998; and
(B) for which the individual did not ever receive
credit under the provisions of subchapter III of
chapter 83 or chapter 84 of title 5, United States Code
(other than by virtue of section 8331(1)(iv) of such
title).
(4) In the case of an individual who was appointed to a
position in the Federal Government under the priority
consideration program established by the Bureau of Prisons
under section 11203 of the Balanced Budget Act of 1997, service
performed by the individual as an employee of the District of
Columbia Department of Corrections--
(A) which was performed prior to the effective date
of the individual's coverage as an employee of the
Federal Government; and
(B) for which the individual did not ever receive
credit under the provisions of subchapter III of
chapter 83 or chapter 84 of title 5, United States Code
(other than by virtue of section 8331(1)(iv) of such
title).
SEC. 4. CERTIFICATION OF SERVICE.
The Office of Personnel Management shall accept the certification
of the appropriate personnel official of the government of the District
of Columbia concerning whether an individual performed qualifying
District of Columbia service and the length of the period of such
service the individual performed. | District of Columbia Court, Offender Supervision, Parole, and Public Defender Employees Equity Act of 2008 - Entitles any individual serving as a federal or congressional employee or a Member of Congress who performed qualifying District of Columbia (D.C.) service to have such service included in calculating such individual's creditable service under the Federal Employees' Retirement System (FERS), but only for purposes of specified sections of FERS.
Defines "qualifying D.C. service" to mean certain service performed by an individual as: (1) a D.C. court nonjudicial employee; (2) an employee of an entity of the D.C. government whose functions were transferred to the Pretrial Services, Parole, Adult Supervision, and Offender Supervision Trustee under the Balanced Budget Act of 1997; (3) an employee of the D.C. Public Defender Service; and (4) an employee of the D.C. Department of Corrections that was appointed to a position in the federal government under the priority consideration program established by the Bureau of Prisons.
Requires the Office of Personnel Management (OPM) to accept the certification of the appropriate personnel official of the D.C. government concerning qualifying service. | {"src": "billsum_train", "title": "To permit nonjudicial employees of the District of Columbia courts, employees transferred to the Pretrial Services, Parole, Adult Probation, and Offender Supervision Trustee, and employees of the District of Columbia Public Defender Service to have periods of service performed prior to the enactment of the Balanced Budget Act of 1997 included as part of the years of service used to determine the time at which such employees are eligible to retire under chapter 84 of title 5, United States Code, and for other purposes."} | 945 | 266 | 0.643161 | 2.202743 | 0.860772 | 4.060748 | 4.060748 | 0.892523 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diesel Fuel Tax Enforcement Act of
1993''.
SEC. 2. SENSE OF THE CONGRESS AS TO INCREASED INTERNAL REVENUE SERVICE
FUNDING FOR CRIMINAL INVESTIGATIONS AND OTHER ENFORCEMENT
ACTIVITIES.
(a) Findings.--The Congress hereby finds that--
(1) there has been substantial evasion of the Federal
excise taxes on diesel fuel,
(2) there is evidence that organized crime has become
involved in such evasion,
(3) that such evasion undercuts the many small and medium
size businesses who comply with the diesel fuel taxes, and
(4) providing the Internal Revenue Service with additional
funding for its criminal investigation and other enforcement
activities would--
(A) enable the Internal Revenue Service to be more
effective in its effort to reduce organized crime's
involvement in tax evasion and other criminal
activities such as money laundering, and
(B) result in increased revenues.
(b) Sense of Congress.--It is the sense of the Congress that
outlays for Internal Revenue Service criminal investigation and other
enforcement activities should be increased and such increase shall be
funded with offsetting spending reductions in other program areas.
SEC. 3. PERMANENT EXTENSION OF AUTHORITY FOR UNDERCOVER OPERATIONS.
(a) Permanent Extension.--Notwithstanding the provisions of
paragraph (3) of section 7601(c) of the Anti-Drug Abuse Act of 1988,
the amendments made by such section 7601(c) shall apply to all periods
after the date of the enactment of this Act.
(b) Enhanced Oversight.--
(1) Additional information required in reports to
congress.--Subparagraph (B) of section 7608(c)(4) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``preceding the period'' in clause
(ii),
(B) by striking ``and'' at the end of clause (ii),
and
(C) by striking clause (iii) and inserting the
following:
``(iii) the number, by programs, of
undercover investigative operations closed in
the 1-year period for which such report is
submitted, and
``(iv) the following information with
respect to each undercover investigative
operation pending as of the end of the 1-year
period for which such report is submitted or
closed during such 1-year period--
``(I) the date the operation began
and the date of the certification
referred to in the last sentence of
paragraph (1),
``(II) the total expenditures under
the operation and the amount and use of
the proceeds from the operation,
``(III) a description of the
operation including the potential
violation being investigated and
whether the operation is being
conducted under grand jury auspices;
except that such a description shall
not be required if the Secretary
determines that to provide such
description would jeopardize the
operation or the life or safety of
participants in the operation, and
``(IV) the results of the operation
including the results of criminal
proceedings.''
(2) Audits required without regard to amounts involved.--
Subparagraph (C) of section 7608(c)(5) of such Code is amended
to read as follows:
``(C) Undercover investigative operation.--The term
`undercover investigative operation' means any
undercover investigative operation of the Service;
except that, for purposes of subparagraph (A) of
paragraph (4), such term only includes an operation
which is exempt from section 3302 or 9102 of title 31,
United States Code.''
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
SEC. 4. REPORT BY ATTORNEY GENERAL.
Not later than the day 90 days after the date of the enactment of
this Act, the Attorney General shall report to the Congress on--
(1) the feasibility of additional Federal task forces
dealing with organized crime's involvement in diesel fuel tax
evasion, and
(2) other steps that could be taken to reduce criminal
evasion of diesel fuel taxes. | Diesel Fuel Tax Enforcement Act of 1993 - Expresses the sense of the Congress that outlays for Internal Revenue Service criminal investigation and other enforcement activities should be increased and such increase shall be funded with offsetting spending reductions in other program areas.
Makes permanent the authority for the Internal Revenue Service to conduct undercover operations. Requires additional information in reports to the Congress concerning such operations.
Requires the Attorney General to report to the Congress on: (1) the feasibility of additional Federal task forces dealing with organized crime's involvement in diesel fuel tax evasion; and (2) other steps that could be taken to reduce criminal evasion of such taxes. | {"src": "billsum_train", "title": "Diesel Fuel Tax Enforcement Act of 1993"} | 936 | 137 | 0.663964 | 1.928272 | 0.679308 | 6.424 | 6.688 | 0.936 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postal Innovation Act''.
SEC. 2. EXPANDED SERVICES.
(a) Pilot Program for Provision of Nonpostal Services.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, and notwithstanding the provisions of
title 39, United States Code, the Postmaster General shall
establish a pilot program to provide nonpostal services through
public-private partnerships in 5 postal districts or regions,
as determined by the Postmaster General, of which at least 1
district or region contains a post office located in a rural
area.
(2) Services.--The nonpostal services described in
paragraph (1) may include--
(A) financial services;
(B) warehousing;
(C) experimental postal products market testing;
(D) community support services;
(E) Internet voting;
(F) municipal broadband Internet service;
(G) public wireless Internet service;
(H) emergency broadband Internet service; and
(I) passport services.
(3) Report.--Not later than 1 year after the date of the
establishment of the pilot program under subsection (a), the
Postmaster General shall submit to Congress a report
containing--
(A) an analysis of the pilot program conducted
under paragraph (1); and
(B) an assessment of the most cost-effective
implementation of nonpostal services under the pilot
program.
(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) in the heading of such section, by striking
``Government'' and inserting ``government'';
(3) by striking ``Executive agencies'' and inserting ``(a)
Federal Government.--Executive agencies''; and
(4) by adding at the end the following:
``(b) State, Local, and Tribal Governments.--
``(1) Authority of postal service.--The Postal Service is
authorized to furnish property and services to a State, local
government, or tribal government 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.
``(2) Definitions.--In this subsection--
``(A) the term `State' means each of the several
States, the District of Columbia, American Samoa, Guam,
the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the Virgin Islands of the
United States, and any other territory or possession of
the United States.
``(B) 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))).''.
(c) Clerical Amendment.--The item related to section 411 in the
analysis of chapter 4 of title 39, United States Code, is amended to
read as follows:
``411. Cooperation with other government agencies.''.
SEC. 3. SHIPPING OF ALCOHOLIC BEVERAGES.
(a) Mailability.--
(1) Nonmailable articles.--Section 1716(f) of title 18,
United States Code, is amended by striking ``mails'' and
inserting ``mails, except to the extent that the mailing is
allowable under section 3001(p) of title 39''.
(2) Mailable alcoholic beverages.--Section 1154(a) of title
18, United States Code, is amended, by inserting ``or, with
respect to the mailing of alcoholic beverages to the extent
allowed under section 3001(p) of title 39'' after ``mechanical
purposes''.
(b) Regulations.--Section 3001 of title 39, United States Code, is
amended by adding at the end the following:
``(p)(1) Alcoholic beverages shall be considered mailable if
mailed--
``(A) by a covered shipper in accordance with applicable
regulations under paragraph (2); and
``(B) in accordance with the delivery requirements
otherwise applicable to privately carried shipments of
alcoholic beverages.
``(2) The Postal Service shall prescribe such regulations as may be
necessary to carry out this subsection, including regulations providing
that--
``(A) the mailing shall be by a means established by the
Postal Service to ensure direct delivery to the addressee or a
duly authorized agent at a postal facility;
``(B) the addressee (and any duly authorized agent) shall
be an individual at least 21 years of age, and shall present a
valid, government-issued photo identification at the time of
delivery;
``(C) the alcoholic beverage may not be for resale or other
commercial purpose; and
``(D) the covered shipper involved shall--
``(i) certify in writing to the satisfaction of the
Postal Service, through a registration process
administered by the Postal Service, that the mailing is
not in violation of any provision of this subsection or
regulation prescribed under this subsection; and
``(ii) provide any other information or affirmation
that the Postal Service may require, including with
respect to the prepayment of State alcohol beverage
taxes.
``(3) For purposes of this subsection--
``(A) the term `alcoholic beverage' has the meaning given
such term in section 203 of the Federal Alcohol Administration
Act (27 U.S.C. 214); and
``(B) the term `covered shipper' means a winery, brewery,
or beverage distilled spirits plant, or other wholesaler,
distributer, or retailer of alcoholic beverages that--
``(i) possesses a notice of registration or permit
approved by the Alcohol and Tobacco Tax and Trade
Bureau of the Department of the Treasury pursuant to
the Federal Alcohol Administration Act (27 U.S.C. 201
et seq.); or
``(ii) has registered with, obtained a permit from,
or obtained approval of a notice or an application
from, the Secretary of the Treasury pursuant to Chapter
51 of the Internal Revenue Code of 1986 (26 U.S.C. 5001
et seq.).''.
(c) Effective Date.--The amendments made by this section shall take
effect on the earlier of--
(1) the date on which the Postal Service issues regulations
under section 3001(p) of title 39, United States Code, as
amended by this section; or
(2) 120 days after the date of enactment of this Act.
SEC. 4. UPGRADING THE FLEET OF THE POSTAL SERVICE.
(a) Contracting.--
(1) In general.--The Postmaster General 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 motorized
vehicles, nonmotorized vehicles, and pedestrians; or
(C) reduce emissions of carbon dioxide.
(b) Guidelines.--The Postmaster General shall develop guidelines
for contracted vehicles and vehicles purchased or leased for use by the
Postal Service, that, at a minimum, require that--
(1) in the case of a passenger car, the car meets--
(A) with respect to emissions of carbon dioxide,
the more stringent of--
(i) the applicable standards developed by
the Environmental Protection Agency under title
II of the Clean Air Act (42 U.S.C. 7521 et
seq.); or
(ii) on average, less than 235 grams per
mile; and
(B) with respect to average fuel economy, the more
stringent of--
(i) the applicable average fuel economy
standards developed by the National Highway
Traffic Safety Administration under chapter 329
of title 49, United States Code; or
(ii) 37.8 miles per gallon;
(2) in the case of a light-duty truck, the truck meets--
(A) with respect to emissions of carbon dioxide,
the more stringent of--
(i) the applicable standards developed by
the Environmental Protection Agency under title
II of the Clean Air Act (42 U.S.C. 7521 et
seq.); or
(ii) on average, less than 310 grams per
mile; and
(B) with respect to average fuel economy, the more
stringent of--
(i) the applicable average fuel economy
standards developed by the National Highway
Traffic Safety Administration under chapter 329
of title 49, United States Code; or
(ii) 28.8 miles per gallon;
(3) medium-duty and heavy-duty vehicles comply with
applicable standards--
(A) 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.); and
(B) for average fuel economy developed by the
Secretary of Transportation under chapter 329 of title
49, United States Code; and
(4) for safety, the vehicles described in paragraphs (1)
through (3) are equipped with commercially available crash
avoidance solutions, including--
(A) camera-based sensors; and
(B) automatic emergency braking for new vehicles.
(c) Applicability of Guidelines.--The standards described in
subsection (b) shall apply to contracted vehicles and vehicles
purchased or leased for use by the Postal Service after the date that
is 1 year after the date of enactment of this Act.
(d) Reduction of Consumption of Petroleum Products.--The Postmaster
General 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.
The Postmaster General may use cost savings from section 2 to
reinvest in innovation, research and development, and operations of the
Postal Service.
SEC. 6. GAO REPORT.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report on the feasibility of the Postal Service providing Internet
services to the public, including access to broadband Internet and
Internet voting services. Such study shall include--
(1) cost-effective strategies for using the infrastructure,
technology, and processes of existing networks that the Postal
Service uses for transportation, delivery, and retail to
provide the Internet services;
(2) recommendations for providing such services in a manner
that is consistent with the public interest; and
(3) an analysis of whether providing such services has the
potential to improve the financial position of the Postal
Service.
SEC. 7. DEFINITION.
In this Act, the term ``Postal Service'' means the United States
Postal Service. | Postal Innovation Act This bill directs the U.S. Postal Service (USPS) to establish a pilot program to provide nonpostal services through public-private partnerships in five postal districts or regions, including at least one rural area. Such nonpostal services may include financial services, warehousing, experimental postal products market testing, community support services, Internet voting, municipal broadband and public wireless Internet service, emergency broadband Internet service, and passport services. The bill also authorizes the USPS to furnish property and services to a state, local, or tribal government. USPS may use cost savings from providing such services to reinvest in innovation, research and development, and operations. The bill sets forth conditions under which alcoholic beverages shall be considered mailable. They must be mailed: (1) by a covered shipper, (2) in accordance with delivery requirements otherwise applicable to privately carried shipments, and (3) by a means that ensures direct delivery to a duly authorized agent at a postal facility or to the addressee, who must be at least 21 years of age and must present a valid, government-issued photo identification at the time of delivery. The alcoholic beverage may not be for resale or other commercial purpose. 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 must: (1) develop guidelines for carbon dioxide emissions, fuel economy, and safety for its vehicles; and (2) reduce the petroleum consumption of its vehicles by not less than 2% annually through the end of FY2025. The Government Accountability Office must conduct a study on the feasibility of USPS providing Internet services to the public. | {"src": "billsum_train", "title": "Postal Innovation Act"} | 2,457 | 370 | 0.605031 | 1.797322 | 0.776481 | 4.051829 | 6.954268 | 0.887195 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John H. Chafee Blackstone River
Valley National Historical Park Establishment Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish the John H. Chafee
Blackstone River Valley National Historical Park--
(1) to help preserve, protect, and interpret the nationally
significant resources in the Blackstone River Valley that
exemplify the industrial heritage of the John H. Chafee
Blackstone River Valley National Heritage Corridor for the
benefit and inspiration of future generations;
(2) to support the preservation, protection, and
interpretation of the urban, rural, and agricultural landscape
features (including the Blackstone River and Canal) of the
region that provide an overarching context for the industrial
heritage of the National Heritage Corridor;
(3) to educate the public about--
(A) the industrial history of the National Heritage
Corridor; and
(B) the significance of the National Heritage
Corridor to the past and present; and
(4) to support and enhance the network of partners who will
continue to engage in the protection, improvement, management,
and operation of key resources and facilities throughout the
National Heritage Corridor.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``John H.
Chafee Blackstone River Valley National Historical Park'',
numbered NEFA962/111015 and dated October, 2011.
(2) National heritage corridor.--The term ``National
Heritage Corridor'' means the John H. Chafee Blackstone River
Valley National Heritage Corridor.
(3) Park.--The term ``Park'' means the John H. Chafee
Blackstone River Valley National Historical Park established
under section 4.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(5) State.--The term ``State'' means each of the States of
Massachusetts and Rhode Island.
SEC. 4. ESTABLISHMENT OF JOHN H. CHAFEE BLACKSTONE RIVER VALLEY
NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established in the States a unit of
the National Park System, to be known as the ``John H. Chafee
Blackstone River Valley National Historical Park''.
(b) Boundaries.--The Park shall be comprised of the following sites
and districts, as generally depicted on the map:
(1) Old Slater Mill National Historic Landmark District.
(2) Slatersville Historic District.
(3) Ashton Historic District.
(4) Whitinsville Historic District.
(5) Hopedale Village Historic District.
(6) Blackstone River and the tributaries of Blackstone
River.
(7) Blackstone Canal.
(c) Availability of Map.--The map shall be available for public
inspection in the appropriate offices of the National Park Service.
(d) Acquisition of Land.--The Secretary may acquire land or
interests in land within the boundaries of the Park by--
(1) donation;
(2) purchase with donated or appropriated funds; or
(3) exchange.
(e) Administration.--
(1) In general.--The Secretary shall administer the Park in
accordance with--
(A) this Act;
(B) the laws generally applicable to units of the
National Park System, including--
(i) the National Park Service Organic Act
(16 U.S.C. 1 et seq.); and
(ii) the Act of August 21, 1935 (16 U.S.C.
461 et seq.); and
(C) any cooperative agreements entered into under
subsection (f).
(2) General management plan.--
(A) In general.--Not later than 3 years after the
date on which funds are made available to carry out
this Act, the Secretary shall prepare a general
management plan for the Park--
(i) in consultation with the States; and
(ii) in accordance with--
(I) any cooperative agreements
entered into under subsection (f); and
(II) section 12(b) of the National
Park System General Authorities Act (16
U.S.C. 1a-7(b)).
(B) Requirements.--To the maximum extent
practicable, the plan prepared under subparagraph (A)
shall consider ways to use pre-existing and/or planned
facilities and recreational opportunities in the
National Heritage Corridor, including--
(i) the Blackstone Valley Visitor Center,
Pawtucket, RI;
(ii) Captain Wilbur Kelly House, Blackstone
River State Park, Lincoln, RI;
(iii) the Museum of Work and Culture,
Woonsocket, RI;
(iv) River Bend Farm/Blackstone River and
Canal Heritage State Park, Uxbridge, MA; and
(v) Worcester Blackstone Visitors Center,
located at the former Washburn-Moen wire
factory, Worcester, MA.
(f) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with the States, political subdivisions of the
States, nonprofit organizations (including Blackstone River Valley
National Heritage Corridor, Inc.), and private property owners to
provide technical assistance and interpretation in the Park and the
National Heritage Corridor.
(g) Financial Assistance.--Subject to the availability of
appropriations, the Secretary may provide financial assistance, on a
matching basis, for the conduct of resource protection activities in
the National Heritage Corridor. | John H. Chafee Blackstone River Valley National Historical Park Establishment Act - Establishes the John H. Chafee Blackstone River Valley National Historical Park in the states of Massachusetts and Rhode Island as a unit of the National Park System.
Requires the Secretary of the Interior, through the National Park Service (NPS), to prepare a general management plan for the Park. Requires the plan to consider ways for using pre-existing and/or planned facilities and recreational opportunities in the John. H. Chafee Blackstone River Valley National Heritage Corridor.
Authorizes the Secretary to: (1) enter into cooperative agreements with the states, political subdivisions of the states, nonprofits (including Blackstone River Valley National Heritage Corridor, Inc.), and private property owners to provide technical assistance and interpretation in the Park and Corridor; and (2) provide financial assistance on a matching basis for activities to protect the Corridor's resources. | {"src": "billsum_train", "title": "To establish the John H. Chafee Blackstone River Valley National Historical Park, and for other purposes."} | 1,214 | 209 | 0.735437 | 1.990965 | 0.777581 | 4.579882 | 6.313609 | 0.946746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diesel Tax Parity Act of 2008''.
SEC. 2. TEMPORARY REDUCTION IN DIESEL FUEL TAXES.
(a) Reduction.--
(1) In general.--Section 4081 of the Internal Revenue Code
of 1986 (relating to imposition of tax on gasoline, diesel
fuel, and kerosene) is amended by adding at the end the
following new subsection:
``(f) Temporary Reduction of Taxes on Diesel Fuel.--
``(1) In general.--During the applicable period--
``(A) the rate of tax on diesel fuel under
subsection (a)(2)(A)(iii) shall be 18.3 cents per
gallon, and
``(B) the rate of tax with respect to diesel-water
fuel emulsion described in subsection (a)(2)(D) shall
be 14.84 cents per gallon.
``(2) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period beginning on the
date that is 30 days after the date of the enactment of this
subsection and ending on December 31, 2008.
``(3) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to the Highway Trust Fund under
section 9503 and to the Leaking Underground Storage Tank Trust
Fund under 9508, an amount equal to the reduction in revenues
to the Treasury by reason of this subsection shall be treated
as taxes received in the Treasury under this section or section
4041.''.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date of the enactment of this Act.
(b) Floor Stock Refunds.--
(1) In general.--If--
(A) before the tax reduction date, a tax referred
to in section 4081(f)(1) of the Internal Revenue Code
of 1986 has been imposed under such Code 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''), against the taxpayer's subsequent
semi-monthly deposit of such tax, 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 the tax reduction date.
(2) Time for filing claims; certifications necessary to
file claims.--
(A) In general.--No credit or refund shall be
allowed or made under this subsection--
(i) unless claim therefor is filed with the
Secretary before the date which is 6 months
after the tax reduction date, and
(ii) in any case where liquid is held by a
dealer (other than the taxpayer) on the tax
reduction date, unless the taxpayer files with
the Secretary--
(I) a certification that the
taxpayer has given a credit to such
dealer with respect to such liquid
against the dealer's first purchase of
liquid from the taxpayer subsequent to
the tax reduction date, and
(II) a certification by such dealer
that such dealer has given a credit to
a succeeding dealer (if any) with
respect to such liquid against the
succeeding dealer's first purchase of
liquid from such dealer subsequent to
the tax reduction date.
(B) Reasonableness of claims certified.--Any
certification made under subparagraph (A) shall include
an additional certification that the claim for credit
was reasonably based on the taxpayer's or dealer's past
business relationship with the succeeding dealer.
(3) Definitions.--For purposes of this subsection--
(A) the terms ``dealer'' and ``held by a dealer''
have the respective meanings given to such terms by
section 6412 of such Code; except that the term
``dealer'' includes a producer, and
(B) the term ``tax reduction date'' means the date
that is 30 days after the date of the enactment of this
Act.
(4) 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.
(c) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of any liquid on which
tax would have been imposed under section 4081 of the Internal
Revenue Code of 1986 during the applicable period but for the
amendment made by subsection (a), and which is held on the
floor stocks tax date by any person, there is hereby imposed a
floor stocks tax in an amount equal to the tax which would be
imposed on such liquid had the taxable event occurred on the
floor stocks tax date.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding a liquid
on the floor stocks tax date to which the tax imposed
by paragraph (1) applies shall be liable for such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before the date which is 6
months after the floor stocks tax date.
(3) Definitions.--For purposes of this subsection--
(A) Held by a person.--A liquid shall be considered
as ``held by a person'' if title thereto has passed to
such person (whether or not delivery to the person has
been made).
(B) Diesel fuel.--The term ``diesel fuel'' has the
meaning given such term by section 4083 of such Code.
(C) Floor stocks tax date.--The term ``floor stocks
tax date'' means January 1, 2009.
(D) Applicable period.--The term ``applicable
period'' means the period described in section
4081(f)(2) of such Code.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to diesel fuel held by any person
exclusively for any use to the extent a credit or refund of the
tax imposed by section 4081 of such Code is allowable for such
use.
(5) Exception for fuel held in vehicle tank.--No tax shall
be imposed by paragraph (1) on diesel fuel held in the tank of
a motor vehicle.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on diesel fuel held on such date by any
person if the aggregate amount of diesel fuel held by
such person on such date does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person
submits to the Secretary (at the time and in the manner
required by the Secretary) such information as the
Secretary shall require for purposes of this
subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (A),
there shall not be taken into account fuel held by any
person which is exempt from the tax imposed by
paragraph (1) by reason of paragraph (4) or (5).
(C) Controlled groups.--For purposes of this
paragraph--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group shall be
treated as 1 person.
(II) Controlled group.--The term
``controlled group'' has the meaning
given to such term by subsection (a) of
section 1563 of such Code; except that
for such purposes the phrase ``more
than 50 percent'' shall be substituted
for the phrase ``at least 80 percent''
each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of clause (i) shall apply to a group of persons
under common control where 1 or more of such
persons is not a corporation.
(7) Other law applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by
section 4081 of such Code shall, insofar as applicable and not
inconsistent with the provisions of this paragraph, apply with
respect to the floor stock taxes imposed by paragraph (1) to
the same extent as if such taxes were imposed by such section
4081.
(d) Secretary.--For purposes of this section, the term
``Secretary'' means the Secretary of the Treasury or the Secretary's
delegate. | Diesel Tax Parity Act of 2008 - Amends the Internal Revenue Code to reduce the excise tax on diesel fuel for a specified period ending on December 31, 2008. Provides for reimbusement from the Treasury to the Highway Trust Fund for any reduction in Trust Fund receipts resulting from this reduction in diesel fuel taxes. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for a temporary reduction in the tax imposed on diesel fuel."} | 1,888 | 71 | 0.553284 | 1.264561 | 1.030433 | 3.517241 | 29.603448 | 0.862069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights Uniformity Act of
2016.''
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
(a) Findings.--Congress finds the following:
(1) Over the past half century, Congress has passed
numerous civil rights laws prohibiting discrimination on the
basis of ``sex,'' a designation long understood to be grounded
in objective biology up to the present day. There is no
evidence that Congress or the American people ever understood
the word sex or gender in civil rights laws to include
subjective self-identification.
(2) For years, advocates have pressed Congress to include a
person's subjective self-declared ``gender identity'' in
Federal civil rights laws that prohibit sex discrimination.
Congress has declined to do so except for the Shepard-Byrd Act
of 2009 and the Violence Against Women Reauthorization Act of
2013 where gender identity is defined as ``actual or perceived
gender-related characteristics'' with ``gender'', there
referring to characteristics associated with biological males
and females.
(3) This demonstrates that when Congress wants to protect
sex, it does so explicitly; when it wants to also elevate
gender identity it does so explicitly; and when it does not
want to elevate gender identity, it can do so either explicitly
or by simply not disturbing the status quo.
(4) Despite the complete clarity of this point, President
Barack Obama's administration has attempted to effectively
replace the word ``sex'' with the phrase ``gender identity''
for purposes of Federal antidiscrimination law and policy
through a series of unilateral executive actions.
(5) For example, on December 15, 2014, Attorney General
Eric Holder announced that the Department of Justice would
reinterpret the ban on ``sex'' discrimination under title VII
of the Civil Rights Act of 1964 to encompass ``gender
identity.'' This was followed on March 27, 2015, by an Equal
Employment Opportunity Commission decision holding that
declining to use a female pronoun to address a male who
identifies as female constituted ``sex'' discrimination under
title VII.
(6) On May 9, 2016, the Obama administration sued the State
of North Carolina and threatened it with fines and loss of
Federal funding if it did not adopt the administration's
incorrect readings of title VII of the Civil Rights Act of 1964
and title IX of the Education Amendments of 1972.
(7) On May 13, 2016, the Departments of Justice and
Education issued a ``significant guidance'' letter stating that
under title IX of the Education Amendments of 1972 ``when a
school provides sex-segregated activities and facilities,
transgender students must be allowed to participate in such
activities and access such facilities consistent with their
gender identity.'' The guidance further states that schools
``must treat a student's gender identity as the student's sex''
including in the context of ``sex-segregated restrooms, locker
rooms, shower facilities, housing, and athletic teams, as well
as single-sex classes.'' In other words, the Departments
consider it a title IX violation if a person of the male sex
who self-identifies as a female is not granted unfettered
access to women's or girls' dorms, showers, locker rooms, and
bathrooms. This, despite assurance that such a thing would
never happen from the likes of Ruth Bader Ginsburg who wrote in
1975 that ``separate places to disrobe, sleep, perform personal
bodily functions are permitted, in some situations required, by
regard for individual privacy.'' This position was codified in
Federal regulations, 34 CFR 106.33, which state that recipients
of Federal funds ``may provide separate toilet, locker room,
and shower facilities on the basis of sex,'' with sex obviously
referring to biology.
(8) Also on May 13, 2016, the Department of Health and
Human Services finalized regulations that redefined the
Affordable Care Act's prohibition on ``sex'' discrimination in
federally funded health programs and activities to cover
``gender identity'', thereby opening health care professionals
and insurers to extensive liability if they decline to
participate in or pay for ``gender transition'' treatments or
``sex change'' operations.
(9) The Obama administration's actions are an affront to
the rule of law, the separation of powers, the will of the
people, language, history, safety, privacy, and biological
realities.
(b) Purpose.--The purposes of this Act are--
(1) to prevent the executive branch from unilaterally
rewriting Federal civil rights laws by enacting or implementing
any policy or undertaking any enforcement action that is based
on construing the term ``sex'' or ``gender'' to mean ``gender
identity''; and
(2) to ensure that gender identity is not treated as a
protected class in Federal law or policy without the
affirmative approval of the people's representatives in
Congress.
SEC. 3. PROHIBITION OF POLICIES REDEFINING SEX TO MEAN GENDER IDENTITY.
(a) Rule of Construction.--In determining the meaning of any
Federal civil rights law, and of any related ruling, regulation,
guidance, or interpretation of the various administrative bureaus and
agencies of the United States, the words ``sex'' and ``gender'' and
their equivalents shall not be interpreted to mean ``gender identity''
or its equivalent, and the words ``man'' and ``woman'' and their
equivalents shall refer exclusively to a person's sex.
(b) Rule of Interpretation.--No Federal civil rights law shall be
interpreted to treat gender identity or transgender status as a
protected class, unless such law expressly designates ``gender
identity'' or ``transgender status'' as a protected class.
(c) Definition of ``Federal Civil Rights Law''.--For purposes of
this Act, the term ``Federal civil rights law'' means any Federal law
prohibiting discrimination on the basis of sex or gender, including
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.),
the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), the Fair
Housing Act (42 U.S.C. 3601 et seq.), the Patient Protection and
Affordable Care Act (Public Law 111-148), and any other Federal law or
provision thereof prohibiting discrimination on the basis of sex or
gender. | Civil Rights Uniformity Act of 2016 This bill prohibits the word "sex" or "gender" from being interpreted to mean "gender identity," and requires "man" or "woman" to be interpreted to refer exclusively to a person's sex, for purposes determining the meaning of federal civil rights laws or related federal administrative agency regulations or guidance. No federal civil rights law shall be interpreted to treat gender identity or transgender status as a protected class, unless it expressly designates "gender identity" or "transgender status" as a protected class. | {"src": "billsum_train", "title": "Civil Rights Uniformity Act of 2016"} | 1,500 | 166 | 0.501712 | 1.51293 | 0.679643 | 3.198113 | 12.462264 | 0.783019 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Made in America Deduction
Enhancement (MADE) Act''.
SEC. 2. ENHANCED DEDUCTION FOR CERTAIN DOMESTIC PRODUCTION.
(a) In General.--Section 199 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Enhanced Manufacturing Deduction.--
``(1) In general.--If an eligible taxpayer has qualified
core manufacturing income for any taxable year, the amount
otherwise allowable as a deduction under subsection (a) shall
be increased by the applicable percentage of the least of--
``(A) the qualified core manufacturing income of
the taxpayer for the taxable year,
``(B) the qualified production activities income of
the taxpayer for the taxable year, or
``(C) taxable income (determined without regard to
this section).
``(2) Eligible taxpayer.--For purposes of this subsection,
the term `eligible taxpayer' means, with respect to any taxable
year, any taxpayer if the domestic input percentage for such
taxable year is more than 75 percent.
``(3) Domestic input percentage.--For purposes of this
subsection--
``(A) In general.--The term `domestic input
percentage' means the ratio (expressed as a percentage)
of--
``(i) domestically produced input costs, to
``(ii) the total costs of direct material
inputs included in the cost of goods sold which
are allocable to gross receipts derived from
qualified property.
``(B) Domestically produced input costs.--For
purposes of subparagraph (A)--
``(i) In general.--The term `domestically
produced input costs' means the costs described
in subparagraph (A)(ii) for materials--
``(I) which become an integral part
of property produced by the eligible
taxpayer, or
``(II) which can be identified or
associated with particular units or
groups of units of property produced by
the eligible taxpayer,
if all or virtually all of such material is
produced in the United States.
``(ii) Determination.--For purposes of this
subparagraph--
``(I) the determination of whether
all or virtually all of a material is
produced in the United States shall be
made based on rules similar to the
guidelines of the Federal Trade
Commission with respect to goods
advertised as Made in USA, and
``(II) all or virtually all of a
material shall not be treated as
produced in the United States unless
the taxpayer has a reasonable basis to
support such claim.
``(iii) United states.--For purposes of
this subparagraph, the United States includes
any possession of the United States.
``(4) Qualified core manufacturing income; qualified
property.--For purposes of this subsection--
``(A) In general.--The term `qualified core
manufacturing income' means for any taxable year the
qualified production activities income which is
attributable to the manufacture of qualified property
during such taxable year.
``(B) Qualified property.--The term `qualified
property' means tangible personal property other than--
``(i) a film,
``(ii) computer software,
``(iii) property described in section
168(f)(4),
``(iv) a natural resource extracted by the
taxpayer, or
``(v) property produced in a farming
business (within the meaning of section
263A(e)(4)).
``(5) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage is the percentage which bears
the same ratio to 9 percent as--
``(A) so much the domestic input percentage as
exceeds 75 percent, bears to
``(B) 25 percent.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act. | Made in America Deduction Enhancement (MADE) Act This bill amends the Internal Revenue Code, with respect to the deduction for income attributable to domestic production activities, to allow an increased deduction for manufacturers that use materials produced in the United States during their production process. The bill allows the increased deduction for taxpayers with a domestic input percentage that exceeds 75%. A "domestic input percentage" is the ratio of: (1) domestically produced input costs, to (2) the total costs of direct material inputs included in the cost of goods sold which are allocable to gross receipts derived from qualified property (tangible personal property other than a film, computer software, sound recordings, a natural resource extracted by the taxpayer, or property produced in a farming business). "Domestically produced input costs" are costs for materials which: (1) become an integral part of property produced by the eligible taxpayer; or (2) can be identified or associated with particular units or groups of units of property produced by the eligible taxpayer, if all or virtually all of the material is produced in the United States. | {"src": "billsum_train", "title": "Made in America Deduction Enhancement (MADE) Act"} | 906 | 241 | 0.693754 | 1.938926 | 0.925051 | 3.511521 | 3.709677 | 0.875576 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Protection Agency
Office of Research and Development and Science Advisory Board
Authorization Act of 1999''.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Environmental Protection
Agency; and
(3) the term ``Assistant Administrator'' means the
Assistant Administrator for Research and Development of the
Agency.
SEC. 3. OFFICE OF RESEARCH AND DEVELOPMENT.
(a) In General.--There are authorized to be appropriated to the
Administrator for the Office of Research and Development for
environmental research and development and scientific research,
development, and demonstration programs for which specific sums are not
authorized under other authority of law $504,022,100 for fiscal year
2000 and $519,940,600 for fiscal year 2001, to remain available until
expended, of which $2,000,000 for fiscal year 2000 and $2,000,000 for
fiscal year 2001 shall be for the Mickey Leland Urban Air Toxics
Research Center, and of which $5,000,000 for fiscal year 2000 and
$5,000,000 for fiscal year 2001 shall be for the Gulf Coast Hazardous
Substance Research Center.
(b) Limitation.--None of the amounts authorized under subsection
(a) may be obligated until 30 days after the Administrator submits to
the Committee on Science and the Committee on Appropriations of the
House of Representatives, and the Committee on Environment and Public
Works and the Committee on Appropriations of the Senate, a report
detailing, for fiscal year 2000 and each of the 2 previous fiscal
years, for all Office of Research and Development environmental
research and development and scientific research, development, and
demonstration programs, projects and activities, by appropriation goal
and objectives--
(1) a description of, and funding requested or allocated
for, each such program, project and activity;
(2) an identification of all recipients of funds to conduct
such programs, projects and activities; and
(3) an estimate of the amounts to be expended by each
recipient of funds identified under paragraph (2).
(c) Exclusion.--In the computation of the 30-day period described
in subsection (b), there shall be excluded any day on which either
House of Congress is not in session because of an adjournment of more
than 3 days to a day certain.
SEC. 4. SCIENTIFIC RESEARCH REVIEW.
(a) In General.--The Administrator shall assign to the Assistant
Administrator the duties of--
(1) developing a strategic plan for environmental research
and development and scientific research, development, and
demonstration programs throughout the Agency;
(2) integrating that strategic plan into ongoing Agency
environmental research and development and scientific research,
development, and demonstration planning activities; and
(3) reviewing all Agency environmental research and
development and scientific research, development, and
demonstration programs to ensure the research, development, and
demonstration--
(A) is of high quality; and
(B) does not duplicate any other environmental
research and development and scientific research,
development, and demonstration programs being conducted
by the Agency.
(b) Report.--The Assistant Administrator shall transmit annually to
the Administrator and to the Committee on Science and the Committee on
Appropriations of the House of Representatives, and to the Committee on
Environment and Public Works and the Committee on Appropriations of the
Senate, a report detailing--
(1) all Agency environmental research and development and
scientific research, development, and demonstration programs
the Assistant Administrator finds is not of sufficiently high
quality; and
(2) all Agency environmental research and development and
scientific research, development, and demonstration programs
the Assistant Administrator finds duplicate other Agency
environmental research and development and scientific research,
development, and demonstration programs.
SEC. 5. SCIENCE TO ACHIEVE RESULTS (STAR) GRADUATE STUDENT FELLOWSHIP
PROGRAM.
In carrying out the Science To Achieve Results (STAR) Graduate
Student Fellowship Program, the Administrator shall ensure that any
fellowship award to a student selected after the date of the enactment
of this Act is used only to support scientific research that would
further missions of the Office of Research and Development.
SEC. 6. SCIENCE ADVISORY BOARD.
(a) Annual Report.--The Science Advisory Board shall submit to
Congress and to the Administrator an annual report that contains the
views of the Science Advisory Board on proposed environmental research
and development and scientific research, development, and demonstration
programs as described in the Agency's budget. Such report shall be
submitted to Congress as soon as practicable after the submission of
the Agency's budget to Congress. The Administrator shall cooperate with
the Chairperson of the Science Advisory Board, particularly with
respect to the timely provision of budget information to the Science
Advisory Board, to allow the Science Advisory Board to carry out its
duties under this subsection.
(b) Evaluation.--The Science Advisory Board shall conduct periodic
evaluations of selected areas of the current and planned environmental
research and development and scientific research, development, and
demonstration programs of the Agency. The areas of evaluation shall be
selected by the Administrator, in consultation with the Science
Advisory Board, the Office of Research and Development, and other
Agency programs, or by the appropriate committees of the Congress in
consultation with the Science Advisory Board. Reports containing the
Science Advisory Board's evaluations and recommendations shall be filed
with such committees and the Administrator. The Administrator shall
provide to such committees a written response to the Science Advisory
Board's evaluation and recommendations within 60 days after the Science
Advisory Board's report has been submitted.
(c) Submission to Congress.--The Administrator shall submit to the
Congress any report required by law to be submitted to the
Administrator by the Science Advisory Board. The Administrator shall
make any such submission not later than 60 days after the Administrator
receives the report from the Science Advisory Board.
(d) Authorization.--There are authorized to be appropriated to the
Administrator $2,636,200 for fiscal year 2000 and $2,768,000 for fiscal
year 2001 for activities of the Science Advisory Board.
SEC. 7. NOTICE.
(a) Reprogramming.--The Administrator may use for any authorized
activities of the Office of Research and Development or the Science
Advisory Board under this Act--
(1) up to the lesser of $250,000 or 5 percent of the total
funding for a fiscal year of an environmental research or
development or scientific research, development, or
demonstration program, project or activity of the Office of
Research and Development or the Science Advisory Board; or
(2) after the expiration of 60 days after transmitting to
the Committee on Science and the Committee on Appropriations of
the House of Representatives, and to the Committee on
Environment and Public Works and the Committee on
Appropriations of the Senate, a report described in subsection
(b), up to 25 percent of the total funding for a fiscal year of
an environmental research or development or scientific
research, development, or demonstration program, project or
activity of the Office of Research and Development or the
Science Advisory Board.
(b) Report.--(1) The report referred to in subsection (a)(2) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
such proposed action.
(2) In the computation of the 60-day period under subsection
(a)(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more than 3
days to a day certain.
(c) Limitations.--In no event may funds be used pursuant to
subsection (a) for an environmental research or development or
scientific research, development, or demonstration program, project or
activity for which funding has been requested to the Congress but which
has not been funded by the Congress.
(d) Annual Operating Plan.--The Administrator shall provide
simultaneously to the Committee on Science and the Committee on
Appropriations of the House of Representatives, and to the Committee on
Environment and Public Works and the Committee on Appropriations of the
Senate, any annual operating plan or other operational funding
document, including any additions or amendments thereto, provided to
any committee of Congress.
(e) Copy of Reports.--In addition to the documents required under
subsection (d), the Administrator shall provide copies simultaneously
to the Committee on Science and the Committee on Appropriations of the
House of Representatives, and to the Committee on Environment and
Public Works and the Committee on Appropriations of the Senate, of any
report relating to the environmental research or development or
scientific research, development, or demonstration programs, projects
or activities of the Office of Research and Development or the Science
Advisory Board prepared at the direction of any committee of Congress.
(f) Notice of Reorganization.--The Administrator shall provide
notice to the Committee on Science and the Committee on Appropriations
of the House of Representatives, and to the Committee on Environment
and Public Works and the Committee on Appropriations of the Senate, not
later than 15 days before any major reorganization of any environmental
research or development or scientific research, development, or
demonstration program, project or activity of the Office of Research
and Development or the Science Advisory Board.
SEC. 8. BUDGET REQUEST FORMAT.
The Administrator shall provide to the Congress, to be transmitted
at the same time as the Agency's annual budget request submission, a
detailed justification for budget authorization for the programs,
projects and activities for which funds are authorized by this Act.
Each such document shall include, for the fiscal year for which funding
is being requested and for the 2 previous fiscal years--
(1) a description of, and funding requested or allocated
for, each such program, project and activity;
(2) an identification of all recipients of funds to conduct
such programs, projects and activities; and
(3) an estimate of the amounts to be expended by each
recipient of funds identified under paragraph (2).
The document required by this section shall be presented in the format
employed by, and with the level of detail included in, the document
entitled ``Department of Energy FY 2000 Congressional Budget Request,
DOE/CR-0062, Volume 3'', dated February 1999.
SEC. 9. LIMITS ON USE OF FUNDS.
(a) Travel.--Not more than 1 percent of the funds authorized by
this Act may be used either directly or indirectly to fund travel costs
of the Agency or travel costs for persons awarded contracts or
subcontracts by the Agency. As part of the Agency's annual budget
request submission to the Congress, the Administrator shall submit a
report to the Committee on Science and the Committee on Appropriations
of the House of Representatives, and to the Committee on Environment
and Public Works and the Committee on Appropriations of the Senate,
that identifies--
(1) the estimated amount of travel costs by the Agency and
for persons awarded contracts or subcontracts by the Agency for
the fiscal year of such budget submission, as well as for the 2
previous fiscal years;
(2) the major purposes for such travel; and
(3) the sources of funds for such travel.
(b) Trade Associations.--No funds authorized by this Act may be
used either directly or indirectly to fund a grant, contract,
subcontract, or any other form of financial assistance awarded by the
Agency to a trade association on a noncompetitive basis. As part of the
Agency's annual budget request submission to the Congress, the
Administrator shall submit a report to the Committee on Science and the
Committee on Appropriations of the House of Representatives, and to the
Committee on Environment and Public Works and the Committee on
Appropriations of the Senate, that identifies--
(1) the estimated amount of funds provided by the Agency to
trade associations, by trade association, for the fiscal year
of such budget submission, as well as for the 2 previous fiscal
years;
(2) the services either provided or to be provided by each
such trade association; and
(3) the sources of funds for services provided by each such
trade association.
(c) Kyoto Protocol.--None of the funds authorized by this Act may
be used to propose or issue rules, regulations, decrees, or orders for
the purpose of implementation, or in preparation for implementation, of
the Kyoto Protocol which was adopted on December 11, 1997, in Kyoto,
Japan, at the Third Conference of the Parties to the United Nations
Framework Convention on Climate Change, which has not been submitted to
the Senate for advice and consent to ratification pursuant to article
II, section 2, clause 2 of the United States Constitution, and which
has not entered into force pursuant to article 25 of the Protocol.
(d) Environmental Research, Development, and Demonstration
Project.--Of the amounts authorized under section 3(a), $1,000,000 for
fiscal year 2000 shall be for a field-scale environmental research and
development project at an existing site for remediation of soils
contaminated by recalcitrant hydrocarbon and lead contaminants using
technologies and processes capable of homogenizing soil while injecting
both oxidizers and catalysts to the degree necessary for chemical
oxidation to occur and that renders lead contaminants essentially
inert.
SEC. 10. LIMITATION ON DEMONSTRATIONS.
The Agency shall provide funding for scientific demonstration
projects of the Office of Research and Development or the Science
Advisory Board only for technologies or processes that can be
reasonably expected to yield new, measurable benefits to the cost,
efficiency, or performance of the technology or process.
SEC. 11. FEDERAL ACQUISITION REGULATION.
(a) Requirement.--None of the funds authorized to be appropriated
by this Act may be used to award, amend, or modify a contract of the
Office of Research and Development or the Science Advisory Board in a
manner that deviates from the Federal Acquisition Regulation, unless
the Administrator grants, on a case-by-case basis, a waiver to allow
for such a deviation. The Administrator may not delegate the authority
to grant such a waiver.
(b) Congressional Notice.--At least 60 days before a contract
award, amendment, or modification for which the Administrator intends
to grant such a waiver, the Administrator shall submit to the Committee
on Science and the Committee on Appropriations of the House of
Representatives, and to the Committee on Environment and Public Works
and the Committee on Appropriations of the Senate, a report notifying
the committees of the waiver and setting forth the reasons for the
waiver.
SEC. 12. REQUESTS FOR PROPOSALS.
None of the funds authorized to be appropriated by this Act may be
used by the Agency to prepare or initiate Requests for Proposals (RFPs)
for a program, project or activity if the program, project or activity
has not been specifically authorized by Congress.
SEC. 13. PRODUCTION OR PROVISION OF ARTICLES OR SERVICES.
None of the funds authorized to be appropriated by this Act may be
used by any program, project or activity of the Office of Research and
Development or the Science Advisory Board to produce or provide
articles or services for the purpose of selling the articles or
services to a person outside the Federal Government, unless the
Administrator determines that comparable articles or services are not
available from a commercial source in the United States.
SEC. 14. ELIGIBILITY FOR AWARDS.
(a) In General.--The Administrator shall exclude from consideration
for grant agreements made after fiscal year 1999 by the Office of
Research and Development or the Science Advisory Board, under the
programs, projects and activities for which funds are authorized under
this Act, any person who received funds, other than those described in
subsection (b), appropriated for a fiscal year after fiscal year 1999,
under a grant agreement from any Federal funding source for a project
that was not subjected to a competitive, merit-based award process,
except as specifically authorized by this Act. Any exclusion from
consideration pursuant to this section shall be effective for a period
of 5 years after the person receives such Federal funds.
(b) Exception.--Subsection (a) shall not apply to the receipt of
Federal funds by a person due to the membership of that person in a
class specified by law for which assistance is awarded to members of
the class according to a formula provided by law or under circumstances
permitting other than full and open competition under the Federal
Acquisition Regulation.
(c) Definition.--For purposes of this section, the term ``grant
agreement'' means a legal instrument whose principal purpose is to
transfer a thing of value to the recipient to carry out a public
purpose of support or stimulation authorized by a law of the United
States, and does not include the acquisition (by purchase, lease, or
barter) of property or services for the direct benefit or use of the
United States Government. Such term does not include a cooperative
agreement (as such term is used in section 6305 of title 31, United
States Code) or a cooperative research and development agreement (as
such term is defined in section 12(d)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).
SEC. 15. INTERNET AVAILABILITY OF INFORMATION.
The Administrator shall make available through the Internet home
page of the Environmental Protection Agency the abstracts relating to
all research grants and awards made with funds authorized by this Act.
Nothing in this section shall be construed to require or permit the
release of any information prohibited by law or regulation from being
released to the public.
Amend the title to read as follows: ``A bill to authorize
appropriations for fiscal years 2000 and 2001 for the
environmental research and development and scientific research,
development, and demonstration programs of the Office of
Research and Development and Science Advisory Board of the
Environmental Protection Agency, and for other purposes.''. | (Sec. 4) Requires the Administrator to assign to the Assistant Administrator for Research and Development the duties of: (1) developing a strategic plan for environmental research and development and scientific research, development, and demonstration programs throughout EPA; (2) integrating such plan into ongoing EPA planning activities; and (3) reviewing such programs to ensure that the research, development, and demonstration is of high quality and does not duplicate other EPA programs. Directs the Assistant Administrator to submit an annual report to the Administrator and specified congressional committees detailing such EPA programs found not to be of high quality and those that are duplicative of other programs.
(Sec. 5) Requires the Administrator, in carrying out the Science To Achieve Results Graduate Student Fellowship Program, to ensure that any fellowship award is used only to support scientific research that would further missions of the Office.
(Sec. 6) Directs the Science Advisory Board (Board) to report annually to the Administrator and Congress its views on proposed EPA environmental research and development and scientific research, development, and demonstration programs. Provides for periodic Board evaluations of selected areas of such programs.
Authorizes appropriations for FY 2000 and 2001 for the Board.
(Sec. 7) Sets forth provisions regarding reprogramming and limitations on funds as well as certain reporting requirements. Requires notice to specified congressional committees before any major reorganization of any Office or Board program or activity described by this Act.
(Sec. 8) Sets forth requirements for the submission of a detailed justification for budget authorization for the programs and activities authorized by this Act.
(Sec. 9) Limits the use of funds authorized by this Act for travel costs.
Bars the use of funds authorized by this Act for: (1) grants or contracts awarded by EPA to a trade association on a noncompetitive basis; or (2) implementation of the Kyoto Protocol if it has not been submitted to the Senate for ratification and entered into force.
Earmarks specified funds for FY 2000 for a field scale environmental research and development project at an existing site for remediation of soils contaminated by recalcitrant hydrocarbon and lead contaminants using specified technologies capable of homogenizing soil and rendering such contaminants inert.
(Sec. 10) Permits funding for Office or Board scientific demonstration projects only for technologies or processes that can be reasonably expected to yield new, measurable benefits to the cost, efficiency, or performance of the technology or process.
(Sec. 11) Prohibits the use of funds authorized by this Act to award or modify an Office or Board contract in a manner that deviates from the Federal Acquisition Regulation unless the Administrator grants a waiver to allow for such deviation.
(Sec. 12) Prohibits the use of funds authorized to be appropriated by this Act by: (1) EPA to prepare or initiate Requests for Proposals for programs under this Act not specifically authorized by Congress; and (2) Office or Board programs under this Act to produce or provide articles or services for purposes of selling them to a person outside the Federal Government unless the Administrator determines that such articles or services are not available from a U.S. commercial source.
(Sec. 14) Excludes from consideration for grant agreements for programs described by this Act made by the Office or the Board after FY 1999 any person who received funds appropriated for a fiscal year after FY 1999 under a grant agreement from any Federal funding source for a program that was not subjected to a competitive, merit-based award process. Makes such exclusions effective for a period of five years after the person receives such Federal funds.
(Sec. 15) Requires the Administrator to make available through the EPA Internet home page the abstracts relating to all research grants and awards made with funds authorized by this Act. | {"src": "billsum_train", "title": "Environmental Protection Agency Office of Research and Development and Science Advisory Board Authorization Act of 1999"} | 3,819 | 837 | 0.571153 | 1.970871 | 0.709103 | 4.296961 | 5.004144 | 0.94337 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Treat and Reduce Obesity Act of
2013''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Centers for Disease Control and
Prevention, about 35 percent of adults aged 65 and over were
obese in the period of 2007 through 2010, representing over 8
million adults aged 65 through 74.
(2) Obesity increases the risk for chronic diseases and
conditions, including high blood pressure, heart disease, and
type 2 diabetes.
(3) More than half of Medicare beneficiaries are treated
for 5 or more chronic conditions per year. The rate of obesity
among Medicare patients doubled from 1987 to 2002, and spending
on those individuals more than doubled.
(4) Obese men and women at age 65 have decreased life
expectancy of 1.6 years for men and 1.4 years for women.
(5) The direct and indirect cost of obesity is more than
$450 billion annually.
(6) On average, an obese Medicare beneficiary costs $1,964
more than a normal-weight beneficiary.
(7) The prevalence of obesity among older Americans is
growing at a linear rate and, left unchanged, nearly half of
the elderly population will be obese in 2030 according to a
Congressional Research Report on obesity.
SEC. 3. INCLUSION OF INFORMATION ON COVERAGE OF INTENSIVE BEHAVIORAL
THERAPY FOR OBESITY IN THE MEDICARE AND YOU HANDBOOK.
(a) In General.--Section 1804(a) of the Social Security Act (42
U.S.C. 1395b-2(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``, and''; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) information on the coverage of intensive behavioral
therapy for obesity under this title, including information
regarding primary care physicians and other providers of
services and suppliers who are eligible to furnish such
therapy.''.
(b) Effective Date.--The amendments made by this section shall
apply to notices distributed on or after the date of enactment of this
Act.
SEC. 4. PLAN FOR COORDINATION OF HHS EFFORTS; PROVIDING THE SECRETARY
OF HEALTH AND HUMAN SERVICES WITH AUTHORITY TO COORDINATE
PROGRAMS TO PREVENT AND TREAT OBESITY AND EXPAND COVERAGE
OPTIONS FOR OBESITY UNDER MEDICARE.
Section 1861(ddd) of the Social Security Act (42 U.S.C.
1395x(ddd)), as amended by section 3, is amended by adding at the end
the following new paragraph:
``(5)(A) Not later than 1 year after the date of enactment of the
Treat and Reduce Obesity Act of 2013, the Secretary shall develop and
implement a plan to coordinate the efforts of all offices and agencies
of the Department of Health and Human Services (such as the Centers for
Medicare & Medicaid Services, the Centers for Disease Control and
Prevention, the National Institutes of Health, the Health Resources and
Services Administration, and other offices and agencies) to treat,
reduce, and prevent obesity and overweight in the adult population.
Beginning 2 years after such date of enactment, the Secretary shall
annually update such plan.
``(B) In developing and implementing the plan under subparagraph
(A), the Secretary shall work with at least 5 representatives, selected
by the Secretary, of expert organizations (such as public health
associations, physician associations, key healthcare provider groups,
planning and development organizations, education associations,
advocacy groups, patient groups, relevant industries, State and local
leadership, and other entities as determined appropriate by the
Secretary).
``(C) The Secretary shall ensure that the plan under subparagraph
(A) is coordinated with the National Prevention Strategy and does not
duplicate the efforts of the National Prevention Council and the
National Prevention Strategy.
``(D) The plan under subparagraph (A) shall include the following:
``(i) Strategies to comprehensively treat and reduce
overweight and obesity.
``(ii) A description of--
``(I) the coordination of interagency cooperation
under the plan; and
``(II) actions under the plan related to the
treatment and reduction of overweight and obesity in
the United States.
``(iii) Identification of best practices in States,
communities, organizations, businesses, and other entities as
appropriate, regarding treatment of overweight and obesity.
``(iv) A description of collaboration with States,
communities, organizations, businesses, and other appropriate
entities to evaluate the effectiveness of obesity and
overweight interventions under the plan.
``(v) Research initiatives, including ongoing surveillance
and monitoring using tools such as the National Health and
Nutrition Examination Survey and the Behavioral Risk Factor
Surveillance System and assurances for adequate and consistent
funding to support data collection and analysis to inform
policy under the plan.
``(vi) Recommendations for the coordination of budgets,
grant and pilot programs, policies, and programs across Federal
agencies to cohesively treat overweight and obesity.
``(E) Not later than 24 months after the date of enactment of the
Treat and Reduce Obesity Act of 2013, and on an annual basis
thereafter, the Secretary shall submit to the President and to the
relevant committees of Congress, a report that--
``(i) summarizes the plan under subparagraph (A) to
coordinate interagency efforts surrounding the treatment,
reduction, and prevention of obesity and overweight, including
a detailed strategic plan with recommendations for each office
and agency involved;
``(ii) in the case of the second report submitted under
this subparagraph (and each subsequent report), evaluates the
effectiveness of those coordinated interventions and conducts
interim assessments and reporting of health outcomes,
achievement of milestones, and implementation of strategic plan
goals; and
``(iii) makes recommendations for updating the plan for the
following year based on data and findings from the previous
year.''.
SEC. 5. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS QUALIFIED TO FURNISH
INTENSIVE BEHAVIORAL THERAPY.
Section 1861(ddd) of the Social Security Act (42 U.S.C.
1395x(ddd)), as amended by sections 3 and 4, is amended by adding at
the end the following new paragraph:
``(6)(A) The Secretary may, in addition to qualified primary care
physicians and other primary care practitioners, cover intensive
behavioral therapy for obesity--
``(i) furnished by a physician (as defined in subsection
(r)(1)) who is not a qualified primary care physician;
``(ii) furnished--
``(I) by any other appropriate health care provider
(including a physician assistant, nurse practitioner,
or clinical nurse specialist (as those terms are
defined in subsection (aa)(5)), a clinical
psychologist, and a registered dietitian or nutrition
professional (as defined in subsection (vv));
``(II) upon referral from, and in coordination
with, a physician or primary care practitioner
operating in a primary care setting or any other
setting specified by the Secretary; and
``(III) in an office setting, a hospital outpatient
department, or another setting specified by the
Secretary; or
``(iii) furnished by an evidence-based, community-based
lifestyle counseling program certified by the Secretary.
``(B) In order to ensure a collaborative effort, the coordination
described in subparagraph (A)(ii)(II) may include the health care
provider communicating to the physician or primary care practitioner
making the referral any recommendations or treatment plans made
regarding the therapy.''.
SEC. 6. MEDICARE PART D COVERAGE OF OBESITY MEDICATION.
(a) In General.--Section 1860D-2(e)(2)(A) of the Social Security
Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by inserting after
``restricted under section 1927(d)(2),'' the following, ``other than
subparagraph (A) of such section if the drug is used for the treatment
of obesity (as defined for purposes of section 1861(yy)(2)(C)) or for
being overweight (as defined for purposes of section 1861(yy)(2)(F)(i))
and if the individual has one or more comorbidities,''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to plan years beginning on or after the date that is 2 years
after the date of enactment of this Act. | Treat and Reduce Obesity Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to include information on the coverage of intensive behavioral therapy for obesity in the "Medicare and You Handbook." Directs the Secretary of Health and Human Services (HHS) to develop and implement a plan to coordinate the efforts of all HHS officers and agencies to treat, reduce, and prevent obesity and overweight in the adult population. Authorizes the Secretary, in addition to qualified primary care physicians and other primary care practitioners, to cover intensive behavioral therapy for obesity furnished by: (1) a physician who is not a qualified primary care physician; (2) an evidence-based, community-based HHS-certified lifestyle counseling program; or (3) any other appropriate health care provider (including a physician assistant, nurse practitioner, clinical nurse specialist, a clinical psychologist, and a registered dietitian or nutrition professional) upon referral from, and in coordination with, a physician or primary care practitioner in an office setting, a hospital outpatient department, or another HHS-specified setting. Authorizes the Secretary to cover under Medicare part D (Voluntary Prescription Drug Benefit Program) medication for treatment of obesity or for being overweight for individuals with one or more comorbidities. | {"src": "billsum_train", "title": "Treat and Reduce Obesity Act of 2013"} | 1,942 | 280 | 0.556841 | 1.531701 | 0.717141 | 5.107884 | 7.20332 | 0.950207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``At-Risk Youth Medicaid Protection
Act of 2016''.
SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(80);
(B) by striking the period at the end of paragraph
(81) and inserting ``; and''; and
(C) by inserting after paragraph (81) the following
new paragraph:
``(82) provide that--
``(A) the State shall not terminate eligibility for
medical assistance under a State plan for an individual
who is an eligible juvenile (as defined in subsection
(ll)(2)) because the juvenile is an inmate of a public
institution (as defined in subsection (ll)(3)), but may
suspend coverage during the period the juvenile is such
an inmate;
``(B) the State shall restore coverage for such
medical assistance to such an individual upon the
individual's release from any such public institution,
without requiring a new application from the
individual, unless (and until such date as) there is a
determination that the individual no longer meets the
eligibility requirements for such medical assistance;
and
``(C) the State shall process any application for
medical assistance submitted by, or on behalf of, a
juvenile who is an inmate of a public institution
notwithstanding that the juvenile is such an inmate.'';
and
(2) by adding at the end the following new subsection:
``(ll) Juvenile; Eligible Juvenile; Public Institution.--For
purposes of subsection (a)(82) and this subsection:
``(1) Juvenile.--The term `juvenile' means an individual
who is--
``(A) under 21 years of age; or
``(B) is described in subsection (a)(10)(A)(i)(IX).
``(2) Eligible juvenile.--The term `eligible juvenile'
means a juvenile who is an inmate of a public institution and
was eligible for medical assistance under the State plan
immediately before becoming an inmate of such a public
institution or who becomes eligible for such medical assistance
while an inmate of a public institution.
``(3) Inmate of a public institution.--The term `inmate of
a public institution' has the meaning given such term for
purposes of applying the subdivision (A) following paragraph
(29) of section 1905(a), taking into account the exception in
such subdivision for a patient of a medical institution.''.
(b) No Change in Exclusion From Medical Assistance for Inmates of
Public Institutions.--Nothing in this section shall be construed as
changing the exclusion from medical assistance under the subdivision
(A) following paragraph (29) of section 1905(a) of the Social Security
Act (42 U.S.C. 1396d(a)), including any applicable restrictions on a
State submitting claims for Federal financial participation under title
XIX of such Act for such assistance.
(c) No Change in Continuity of Eligibility Before Adjudication or
Sentencing.--Nothing in this section shall be construed to mandate,
encourage, or suggest that a State suspend or terminate coverage for
individuals before they have been adjudicated or sentenced.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall apply to eligibility of
juveniles who become inmates of public institutions on or after
the date that is 1 year after the date of the enactment of this
Act.
(2) Rule for changes requiring state legislation.--In the
case of a State plan for medical assistance under title XIX of
the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendments made by
subsection (a), the State plan shall not be regarded as failing
to comply with the requirements of such title solely on the
basis of its failure to meet these additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature. | At-Risk Youth Medicaid Protection Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to specify that a state Medicaid program may not terminate a juvenile's medical assistance eligibility because the juvenile is incarcerated. A state may suspend coverage while the juvenile is an inmate, but must restore coverage upon release without requiring a new application unless the individual no longer meets the eligibility requirements for medical assistance. A state must process an application submitted by, or on behalf of, an incarcerated juvenile, notwithstanding that the juvenile is an inmate. A "juvenile" is an individual who: (1) is under 21 years of age; or (2) has aged out of the state's foster care system, was enrolled in the state plan while in foster care, and is under 26 years of age. | {"src": "billsum_train", "title": "At-Risk Youth Medicaid Protection Act of 2016"} | 1,036 | 222 | 0.626153 | 1.65604 | 0.852225 | 2.913907 | 6.165563 | 0.860927 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global HIV/AIDS Food Security and
Nutrition Support Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The spread of HIV/AIDS is exacerbated by poverty, and
economic and social vulnerability, disempowerment, and
inequality.
(2) Food insecurity has a direct detrimental impact on
prevention, care, and treatment of HIV/AIDS.
(3) Programming for HIV/AIDS must address the underlying
factors that contribute to the spread of the disease in order
to be effective and sustainable.
(4) The World Food Program estimates that 6,400,000 people
affected by HIV will need nutritional support by 2008.
(5) The highest rates of HIV infections are in countries
with significant rates of malnutrition, especially in sub-
Saharan Africa.
(6) People living with HIV/AIDS are less productive due to
illness, which contributes to food insecurity for such
individuals and their households through loss of wages and/or
decreased agricultural production.
(7) People caring for HIV-infected persons are often less
productive because of the demands of caring for those persons,
which in turn can lead to food insecurity for the infected
person and the entire household.
(8) Adequate nutrition can extend the time that people
infected with HIV are able to work and be productive.
(9) Food insecurity is often cited by people living with
HIV/AIDS as their number one concern.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) malnutrition, especially for people living with and
affected by HIV/AIDS, is a clinical health issue with wider
nutrition, health, and social implications for HIV-infected
individuals, their families, and communities that must be
addressed by United States HIV/AIDS prevention, care,
treatment, and support programs;
(2) international guidelines established by the World
Health Organization should serve as the reference standard for
HIV/AIDS food and nutrition activities supported by the
President's Emergency Plan for AIDS Relief (PEPFAR);
(3) the Coordinator of United States Government Activities
to Combat HIV/AIDS Globally (commonly known as the ``Global
AIDS Coordinator'') should make it a priority to work with
other United States Government departments and agencies,
donors, and multilateral institutions to increase the
integration of food and nutrition support and livelihood
activities into prevention, care, and treatment activities
funded by the United States and other governments and
organizations;
(4) for the purposes of determining which HIV-infected
individuals should be provided with nutrition and food support,
a patient with a body mass index of 18.5 or less should be
considered ``malnourished'' and should be given priority for
nutrition and food support;
(5) programs funded by the United States Government should
include therapeutic and supplementary feeding, food, and
nutrition support and should include strong links to
development programs that focus on support for livelihoods; and
(6) the inability of HIV-infected individuals to access
food for themselves or their families should not be allowed to
impair or erode the therapeutic status of such individuals with
respect to HIV or related comorbidities.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) address the food and nutrition needs of HIV-infected
and affected individuals, including orphans and vulnerable
children;
(2) fully integrate food and nutrition support into care,
treatment, and support programs carried out under the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (Public Law 108-25; 22 U.S.C. 7601 et seq.);
(3) ensure that--
(A) care, treatment, and support providers and
healthcare workers are adequately trained such that
they can provide accurate and informed information
regarding food and nutrition support to patients
enrolled in treatment and care programs and those
affected by HIV; and
(B) HIV-infected individuals identified as food
insecure, as well as their households, are provided
with adequate food and nutrition support; and
(4) effectively link food and nutrition support to HIV-
infected individuals and their households and communities
provided under Public Law 108-25 to other food security and
livelihood programs funded by the United States Government and
other donors and multilateral agencies.
SEC. 5. INTEGRATION OF FOOD SECURITY AND NUTRITION ACTIVITIES INTO HIV/
AIDS PREVENTION, CARE, TREATMENT, AND SUPPORT ACTIVITIES.
Section 301 of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 22 U.S.C.
7631) is amended by striking subsection (c) and inserting the
following:
``(c) Integration of Food Security and Nutrition Activities Into
Prevention, Care, Treatment, and Support Activities.--
``(1) Statement of policy.--Congress declares that food
security and nutrition directly impact a patient's
vulnerability to HIV infection, the progression of HIV to AIDS,
a patient's ability to begin an anti-retroviral medication
treatment regimen, the efficacy of an anti-retroviral
medication treatment regimen once a patient begins such a
regimen, and the ability of communities to effectively cope
with the HIV/AIDS epidemic and its impacts.
``(2) Requirements.--Consistent with the statement of
policy in paragraph (1), the Global AIDS Coordinator shall--
``(A) ensure that--
``(i) an assessment, using validated
criteria, of the food security and nutritional
status of each patient enrolled in anti-
retroviral medication treatment programs
supported with funds authorized under this Act
or any amendment made by this Act is carried
out; and
``(ii) appropriate nutritional counseling
is provided to each patient described in clause
(i);
``(B) provide, as an essential component of anti-
retroviral medication treatment programs supported with
funds authorized under this Act or any amendment made
by this Act, food and nutrition support to each HIV-
infected individual who is determined to need such
support by the assessing health professional, and the
individual's household, for a period of not less than
180 days, either directly or through referral to an
assistance program or organization with demonstrable
ability to provide such support;
``(C) coordinate with the Administrator of the
United States Agency for International Development, the
Secretary of Agriculture, and heads of other relevant
United States Government departments and agencies to--
``(i) ensure that, in communities in which
a significant proportion of HIV-infected
individuals are in need of food and nutrition
support, a status and needs assessment for such
support employing validated criteria is
conducted and a plan to provide such support is
developed and implemented;
``(ii) improve and enhance coordination
between food security and livelihood programs
for HIV-infected individuals in focus countries
and food security and livelihood programs that
may already exist in those countries;
``(iii) establish effective linkages
between the health and agricultural development
and livelihoods sectors in order to enhance
food security; and
``(iv) ensure, by providing increased
resources if necessary, effective coordination
between activities authorized under this Act or
any amendment made by this Act and activities
carried out under other provisions of the
Foreign Assistance Act of 1961 when
establishing new HIV/AIDS treatment sites;
``(D) develop effective, validated indicators which
measure outcomes of nutrition and food security
interventions carried out under this section and use
such indicators to monitor and evaluate the
effectiveness of such interventions; and
``(E) support and expand partnerships and linkages
between United States colleges and universities with
colleges and universities in focus countries in order
to provide training and build indigenous human and
institutional capacity and expertise to respond to HIV/
AIDS, and to improve capacity to address nutrition,
food security and livelihood needs of HIV/AIDS-affected
and impoverished communities.
``(3) Report.--Not later than 180 days after the date of
the enactment of the Global HIV/AIDS Food Security and
Nutrition Support Act of 2007, and annually thereafter, the
Global AIDS Coordinator shall submit to Congress a report on
the implementation of this subsection for the prior fiscal
year. The report shall include a description of--
``(A) the indicators described in paragraph (2)(D)
and a description of the effectiveness of interventions
carried out to improve the nutritional status of HIV-
infected individuals;
``(B) the amount of funds provided for food and
nutrition support for HIV-infected and affected
individuals in the prior fiscal year and the projected
amount of funds to be provided for such purpose for
next fiscal year; and
``(C) a strategy for improving the linkage between
assistance provided with funds authorized under this
subsection and food security and livelihood programs
under other provisions of law as well as activities
funded by other donors and multilateral organizations.
``(4) Definitions.--In this subsection:
``(A) Focus countries.--The term `focus countries'
means countries described in section
1(f)(2)(B)(ii)(VII) of the State Department Basic
Authorities Act of 1956 (as added by section 102(a) of
this Act) and designated by the President pursuant to
such section.
``(B) Global aids coordinator.--The term `Global
AIDS Coordinator' means the Coordinator of United
States Government Activities to Combat HIV/AIDS
Globally (as described in section 1(f) of the State
Department Basic Authorities Act of 1956 (as added by
section 102(a) of this Act)).
``(5) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated to the
Global AIDS Coordinator such sums as may be necessary for each
of the fiscal years 2009 through 2014.'' | Global HIV/AIDS Food Security and Nutrition Support Act of 2007 - Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to direct the Global AIDS Coordinator to: (1) ensure that an assessment of the food security and nutritional status of each patient enrolled in anti-retroviral medication treatment program is carried out; (2) provide food and nutrition support to each HIV-infected individual and his or her household for at least 180 days; (3) coordinate activities with the United States Agency for International Development (USAID), the Secretary of Agriculture, and other relevant U.S. government departments and agencies; (4) develop indicators to measure the effectiveness of nutrition and food security interventions; and (5) support linkages between U.S. colleges and universities with colleges and universities in focus countries in order to provide training and build indigenous capacity to respond to HIV/AIDS and to improve capacity to address nutrition and livelihood needs of HIV/AIDS-affected and impoverished communities. | {"src": "billsum_train", "title": "To amend the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to provide for the integration of food security and nutrition activities into prevention, care, treatment, and support activities."} | 2,101 | 212 | 0.606314 | 1.803425 | 0.754645 | 4.4375 | 10.5625 | 0.958333 |
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