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SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Insurance Standards
Transparency and Policyholder Protection Act of 2015''.
SEC. 2. CONSULTATION CONCERNING NEGOTIATIONS WITH RESPECT TO
INTERNATIONAL INSURANCE REGULATORY FRAMEWORKS.
(a) Findings.--Congress finds the following:
(1) The State-based system for insurance regulation in the
United States has served American consumers well for more than
150 years.
(2) Protecting policyholders by guaranteeing an insurer's
ability to pay claims has been the hallmark of the successful
U.S. system and should be the paramount objective of domestic
prudential regulation and emerging international standards.
(3) The Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203) reaffirmed the State-based
insurance regulatory system, while giving the Board of
Governors of the Federal Reserve System authority to regulate
certain non-bank entities on a consolidated basis, including
insurers that have been designated systemically important
financial institutions or that include an insured depository
institution and are regulated by the States at the insurance
entity level.
(4) United States regulators participating in discussions
or negotiations regarding international insurance regulatory
frameworks should support standards designed solely for the
protection of policyholders.
(5) The Federal Insurance Office should seek advice and
recommendations from a diverse group of outside experts in
performing the duties and authorities of the Office to ensure
policy holders are protected.
(b) Negotiating Objectives for International Insurance Regulatory
Frameworks.--The negotiating objectives of the United States regarding
international insurance regulatory frameworks are as follows:
(1) To seek standards, requirements, and rules focused
solely on protection of policy holders, as reflected in the
United States solvency regime.
(2) To promote a principles-based approach to insurance
supervision, in which capital adequacy is assessed using risk-
based capital requirements combined with qualitative risk
assessment and management tools on a legal entity basis, rather
than a quantitative global capital standard for insurance
groups.
(3) To seek the most efficient and least disruptive
approaches to enhancing regulatory assessment of the capital
adequacy of insurance groups, including tools that are already
in place, such as supervisory colleges, as well as the
evaluation of the capitalization of an insurance group using
the existing internal model of the group, where appropriate,
which captures the risks associated with each unique line of
business and geographic mix of the group.
(4) To negotiate an international insurance regulatory
framework that recognizes United States prudential measures as
equivalent to foreign measures.
(c) Prohibitions and Focus on Policy Holder Protection.--With
respect to negotiations related to any international insurance
regulatory framework:
(1) Inappropriate bank capital standards.--United States
representatives shall not agree to, accept, or establish, and
shall use their voice and vote to oppose, any international
standard that applies to--
(A) insurers, capital standards, and rules designed
for banks; or
(B) any insurer that has not been designated a
systemically important financial institution under
United States law or a global systemically important
insurer by the Financial Stability Oversight Council,
capital standards and rules designed for systemically
important bank or non-bank financial institutions.
(2) Focus on policyholder protection.--
(A) In general.--United States representatives
shall not agree to, accept, or establish, and shall use
their voice and vote to oppose, any capital standard or
rule applicable to United States insurance entities or
groups unless that standard is designed solely to help
ensure that sufficient funds are available to pay
claims to an insurer's policyholders in the event of
the liquidation of that entity.
(B) Enhanced capital standards.--The limitation
under subparagraph (A) does not apply to enhanced
capital standards applicable to insurance entities or
groups designated under section 113 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12
U.S.C. 5323).
(d) Notice and Consultation.--
(1) In general.--With respect to any international
insurance regulatory framework, the President shall--
(A) not less than 90 days before the United States
intends to participate in or enter into negotiations
with respect to such a regulatory framework, provide to
the covered congressional committees written notice of
the intention of the United States to participate in or
enter into such negotiations and an outline of the
objectives of such negotiations, including whether and
how such objectives achieve the objectives set forth in
subsection (b) and are consistent with the prohibitions
under subsection (c) and with existing Federal and
State laws or regulations or policy related to
prudential regulation of insurance;
(B) during the negotiations of such a regulatory
framework, including prior to significant decisions
points in the negotiations and prior to development of
interim drafts, and before agreeing to, accepting, or
establishing such framework, consult with the covered
congressional committees and the Federal Advisory
Committee on Insurance established under section 313(f)
of title 31, United States Code, including with respect
to whether and how such negotiations or any
international insurance regulatory framework achieves
the objectives set forth in subsection (b) and is
consistent with the prohibitions under subsection (c)
and with existing Federal and State laws or regulations
or policy related to prudential regulation of
insurance;
(C) in the course of negotiating such a regulatory
framework, provide members and appropriate staff of the
covered congressional committees access to pertinent
documents relating to the negotiations of such
framework;
(D) not less than 60 days before the date on which
the United States intends to agree to, accept, or
establish such a framework, the President shall--
(i) notify the covered congressional
committees of the intention of the United
States to agree to, accept, or establish such a
framework by providing a description in enough
detail for the covered congressional committees
to comment;
(ii) notify the Federal Advisory Committee
on Insurance of the intention of the United
States to agree to, accept, or establish such
framework by providing a description in enough
detail for the members to comment; and
(iii) publish notice of such intention by
providing a description in enough detail in the
Federal Register to meet the requirements for
public consultation under subsection (h); and
(E) not less than 15 days before the United States
agrees to, accepts, or establishes such a regulatory
framework, the President shall submit to the covered
congressional committees and the Federal Advisory
Committee on Insurance the final text of such framework
and a description of how the proposed framework
achieves the objectives set forth in subsection (b) and
is consistent with the prohibitions under subsection
(c), and how such proposed framework differs from
existing Federal and State laws or regulations or
policy related to prudential regulation of insurance.
(2) Availability of information to members of congress.--
The covered congressional committees shall make available to
all Members of Congress the information required to be provided
under paragraph (1)(A).
(e) Coordination With the National Association of Insurance
Commissioners.--In developing objectives pursuant to subsection
(d)(1)(A) for an international insurance regulatory framework, and
throughout the negotiations of such framework, the President shall
closely consult and coordinate with the National Association of
Insurance Commissioners.
(f) Government Accountability Office Assessments.--
(1) Notice and submission.--Not later than 60 days before
the date on which the United States intends to agree to,
accept, or establish an international insurance regulatory
framework, the President shall provide to the Comptroller
General of the United States a description of such framework in
enough detail to allow the Comptroller General to conduct the
assessment required under paragraph (2).
(2) Assessment.--Not later than 60 days after the date on
which President provides the information described in paragraph
(1) with respect to an international insurance agreement, the
Comptroller General shall submit to the President and the
covered congressional committees an assessment of the economic
effects of such agreement on the United States insurance
industry, consumers of insurance, and the United States
economy.
(g) Negotiations in Progress on Date of Enactment.--
(1) Notice.--Not later than 15 days after the date of the
enactment of this Act, the President shall provide to the
covered congressional committees and the Federal Advisory
Committee on Insurance the written notice described in
subsection (d)(1) with respect to negotiations relating to an
international insurance regulatory framework that were in
progress on such date.
(2) Government accountability assessment.--
(A) Notice and submission.--Not later than 60 days
after the date of the enactment of this Act, the
President shall provide to the Comptroller General of
the United States a description of each international
insurance regulatory framework for which negotiations
were in progress on such date in enough detail to allow
the Comptroller General to conduct the assessment
required under subparagraph (B).
(B) Assessment.--Not later than 60 days after the
date on which the President provides the information
described in subparagraph (A) with respect to an
international insurance regulatory framework, the
Comptroller General shall submit to the President and
the covered congressional committees an assessment of
the economic effects of such framework on the United
States insurance industry, consumers of insurance, and
the United States economy.
(h) Public Consultation.--
(1) Notice of negotiations.--Not later than 90 days before
the United States intends to participate in or enter into
negotiations to agree to, accept, or establish an international
insurance regulatory framework with an international standard-
setting organization or a foreign government, authority, or
regulatory entity, the President shall publish in the Federal
Register and make available for public comment written notice
of the intention of the United States to participate in or
enter into such negotiations and an outline of the objectives
of such negotiations, including whether and how such objectives
achieve the objectives set forth in subsection (b) and are
consistent with the prohibitions under subsection (c) and with
existing Federal and State laws or regulations or policy
related to prudential regulation of insurance.
(2) Description of framework.--Not later than 60 days
before the date on which the United States agrees to, accepts,
or establishes an international insurance regulatory framework
with an international standard-setting organization or a
foreign government, authority, or regulatory entity, the
President shall publish in the Federal Register a description
of the framework in enough detail to make such framework
available for public comment.
(3) Framework agreement.--Not later than 15 days before
agreeing to, accepting, or establishing an international
insurance regulatory framework, publish in the Federal Register
the final text of the framework and a description of how the
framework achieves the objectives set forth in subsection (b)
and is consistent with the prohibitions under subsection and
how such proposed framework differs from existing Federal and
State laws or regulations or policy related to prudential
regulation of insurance.
(i) Savings Provisions.--Nothing in this section shall--
(1) preempt--
(A) any State insurance measure that governs any
insurer's rates, premiums, underwriting, or sales
practices;
(B) any State coverage requirements for insurance;
(C) the application of the antitrust laws of any
State to the business of insurance; or
(D) any State insurance measure governing the
capital or solvency of an insurer, except to the extent
that such State insurance measure results in less
favorable treatment of a non-United States insurer than
a United States insurer;
(2) be construed to alter, amend, or limit any provision of
the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481
et seq.); or
(3) affect the preemption of any State insurance measure
otherwise inconsistent with and preempted by Federal law.
(j) Exclusion.--The requirements of this section shall not apply to
any covered agreement, as such term is defined in section 313(r) of
title 31, United States Code (as added by the amendment made by section
502(a)(3) the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111-203, 124 Stat. 1587)).
(k) Definitions.--In this section:
(1) Covered congressional committees.--The term ``covered
congressional committees'' means the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing and Urban Affairs of the Senate.
(2) International insurance regulatory framework.--The term
``international insurance regulatory framework'' means any
international supervisory standards developed by an
international standards setting organization in which the
United States participates, including the Common Framework for
the Supervision of Internationally Active Insurance Groups,
that provides for group-wide supervision of internationally
active insurance groups and includes an insurance capital
standard. | International Insurance Standards Transparency and Policyholder Protection Act of 2015 This bill prescribes negotiating objectives for international insurance regulatory frameworks, including: (1) standards, requirements, and rules focused solely upon protection of policy holders, as reflected in the U.S. solvency regime; and (2) a negotiated international insurance regulatory framework that recognizes U.S. prudential measures as equivalent to foreign measures. U.S. representatives are prohibited from agreeing to, accepting or establishing , any international standard applicable to: insurers, capital standards, and rules designed for banks; any insurer that has not been designated a systemically important financial institution under U.S. law or a global systemically important insurer by the Financial Stability Oversight Council, capital standards and rules designed for systemically important bank or non-bank financial institutions, and any capital standard or rule governing U.S. insurance entities (except entities designated under the Dodd-Frank Wall Street Reform and Consumer Protection Act) unless it is designed solely to help ensure that sufficient funds are available to pay claims to an insurer's policyholders in the event of the entity's liquidation. The President must fulfill specified congressional consultation and public notice requirements with respect to any international insurance regulatory framework. | {"src": "billsum_train", "title": "International Insurance Standards Transparency and Policyholder Protection Act of 2015"} | 2,691 | 268 | 0.675287 | 2.12142 | 0.81111 | 5.022422 | 11.605381 | 0.941704 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water Affordability Act''.
SEC. 2. AMENDMENTS TO SAFE DRINKING WATER ACT.
(a) National Drinking Water Regulations.--Section 1412(b)(9) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(9)) is amended by striking
the last sentence and inserting ``Any revision of a national primary
drinking water regulation shall be promulgated in accordance with this
section, including paragraphs (3) through (6) of this subsection.''
(b) Enforcement of Drinking Water Regulations.--Section
1414(h)(1)(C) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(h)(1)(C)) is amended by inserting ``or management'' after ``the
transfer of ownership''.
(c) State Revolving Loan Funds.--
(1) Assistance for disadvantaged communities.--Section
1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(d)(2)) is amended by striking ``30'' and inserting ``35''.
(2) Types of assistance.--Section 1452(f)(1) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(f)(1)) is amended--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) each loan will be fully amortized not later
than 30 years after the completion of the project,
except that in the case of a disadvantaged community
(as defined in subsection (d)(3)) a State may provide
an extended term for a loan, if the extended term--
``(i) terminates not later than the date
that is 40 years after the date of project
completion; and
``(ii) does not exceed the expected design
life of the project;''; and
(C) in subparagraph (B), by striking ``1 year after
completion of the project for which the loan was made''
and all that follows through ``design life of the
project;'' and inserting ``18 months after completion
of the project for which the loan was made;''.
(3) Other authorized activities.--Section 1452(k)(1)(C) of
the Safe Drinking Water Act (42 U.S.C. 300j-12(k)(1)(C)) is
amended by striking ``for fiscal years 1996 and 1997'' and all
that follows through the period at the end and inserting ``for
fiscal years 2018 through 2024 to delineate, assess, update
assessments, and undertake implementation activities with
respect to source water protection areas in accordance with the
requirements of a program approved under section 1453,
excluding any activity required to be conducted under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).''.
(d) Exemption From Federal Cross-Cutting Requirements.--Part E of
the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by
adding at the end the following new section:
``SEC. 1459C. EXEMPTION FROM FEDERAL CROSS-CUTTING REQUIREMENTS.
``Notwithstanding any other provision of law, the Administrator
shall exempt a public water system that receives financial assistance
pursuant to section 1452 from a Federal cross-cutting requirement if
the Administrator determines that the State in which the public water
system is located has in effect a requirement which is not less
stringent than the Federal cross-cutting requirement.''.
(e) Definition of Federal Cross-Cutting Requirement.--Section 1401
of the Safe Drinking Water Act (42 U.S.C. 300f) is amended by adding at
the end the following new paragraph:
``(17) Federal cross-cutting requirement.--The term
`Federal cross-cutting requirement' means a requirement of a
Federal law or regulation, compliance with which is a condition
on receipt of a loan or grant under this title, that, if
applied to projects and activities receiving such financial
assistance, would be redundant with a requirement of an
applicable State or local law.''.
SEC. 3. REPORTS.
(a) State Loan Fund Administration and Application Process.--
(1) Review.--The Administrator of the Environmental
Protection Agency shall conduct a review on best practices
for--
(A) streamlining the application process for public
water systems to receive loans or loan guarantees from
a State drinking water treatment revolving loan fund;
and
(B) efficient administration of State drinking
water treatment revolving loan funds.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall submit to Congress, and make available
to States, a report on the review conducted under paragraph
(1), including any recommendations.
(b) GAO Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare and submit to Congress a report containing--
(1) the results of a study of cost-effective and
economically feasible rehabilitation or replacement of drinking
water infrastructure to meet the goals of the Safe Drinking
Water Act; and
(2) an assessment of barriers that preclude communities
from using materials and technologies studied pursuant to
paragraph (1). | Drinking Water Affordability Act This bill amends the Safe Drinking Water Act to revise requirements concerning national primary drinking water regulations, including by: removing a requirement that the Environmental Protection Agency (EPA) maintain, or provide greater, protection of human health when revising those regulations; extending the repayment schedule for loans from the drinking water state revolving funds (SRFs); authorizing states to protect public drinking water source areas; removing federal reporting requirements if state or local requirements are not less stringent than federal requirements; and requiring the EPA to conduct a review on best practices for streamlining the application process for public water systems to receive loans or loan guarantees from an SRF as well as best practices for administering SRFs efficiently. | {"src": "billsum_train", "title": "Drinking Water Affordability Act"} | 1,286 | 163 | 0.443281 | 1.200932 | 0.70817 | 2.182482 | 7.649635 | 0.751825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Research Product
Commercialization Act''.
SEC. 2. ESTABLISHMENT OF PROCESS REGARDING REASONABLE PRICES FOR
PRODUCTS DEVELOPED AS CONSEQUENCE OF FUNDING BY NATIONAL
INSTITUTES OF HEALTH.
Part G of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by inserting after section 498 the following
section:
``reasonable prices for products developed with assistance of
institutes
``Sec. 498B. (a) In General.--Subject to the provisions of this
section, for fiscal year 1994 and subsequent fiscal years, a project of
biomedical research relating to the development of a drug, device, or
other tangible product may not be conducted or supported by any agency
of the National Institutes of Health unless there are in effect such
regulations issued by the Secretary as may be necessary to ensure that,
in the event the product is (in accordance with applicable law) to be
made available to the public, there is compliance with the following:
``(1) The research entity, in accordance with this section,
will ensure that the commercial parties involved make the
product available to the public at a reasonable price, and that
the commercial parties pay to the National Institutes of Health
royalties reasonably related to the amounts expended by such
Institutes with respect to the product.
``(2) For purposes of paragraph (1), the research entity
will conduct a competitive process of bidding in order to
select entities to serve as commercial parties regarding the
product. With respect to such bidding, a solicitation of
applications containing bids will be published in the Federal
Register.
``(3) Applicants under paragraph (2) will not be approved
by the research entity as commercial parties regarding the
project unless the following conditions are met:
``(A) The application specifies a formula for
determining the price at which the product will be made
available to the public, and the formula results in a
price that is in accordance with paragraph (1).
``(B) The application specifies the royalties to be
paid to the National Institutes of Health, and the
royalties are in accordance with paragraph (1).
``(C) The application demonstrates that the
applicant possesses the appropriate biomedical and
commercial expertise.
``(D) The application is in such form, is made in
such manner, and contains such other information as the
Secretary may require.
``(4)(A) Subject to subparagraph (B), in selecting
commercial parties under paragraph (3), the research entity
will, if there are a sufficient number of qualified applicants,
approve such applications as may be necessary to ensure that
commercial parties compete in making the product available to
the public.
``(B) The research entity will comply with subparagraph (A)
only to the extent not inconsistent with paragraph (1).
``(5)(A) If there is an insufficient number of qualified
applicants to provide for competing commercial parties, the
research entity will, in approving applications to provide for
an exclusive arrangement for making the product available to
the public, require that the applicants negotiate prices and
royalties under paragraph (1) with the Secretary.
``(B) If an exclusive arrangement under subparagraph (A) is
to be made, the Secretary will publish in the Federal Register
a notice of such fact.
``(C) An exclusive arrangement under subparagraph (A) will
not become legally binding until the expiration of the 90-
period beginning on the date on which the notice required in
subparagraph (B) with respect to the arrangement is published
in the Federal Register.
``(b) Applicability.--Subsection (a) applies with respect to a
drug, device, or other tangible product only if the project of research
involved provides a material contribution to achieving status as a
drug, device, or other product that, under applicable law, is permitted
to be made available to the public.
``(c) Required Agreements.--With respect to a project of research
described in subsection (a), regulations under such subsection shall,
in the case of the non-Federal entities involved, impose the
requirements of this section as required agreements between such
entities and the National Institutes of Health, including (if the
project is supported by such Institutes) imposing the requirements as
conditions of the receipt from such Institutes of the award of the
grant, cooperative agreement, or contract for the conduct of the
project. Conditions for such awards shall, as necessary, include
conditions governing the arrangements that the research entity involved
makes with entities to serve as commercial parties regarding the drug,
device, or other tangible product involved, without regard to whether
the National Institutes of Health is a direct party to such
arrangements.
``(d) Consultations Regarding Regulations.--In issuing regulations
pursuant to subsection (a), the Secretary shall consult with the
Director of NIH and with the Administrator of the Health Care Financing
Administration.
``(e) Definitions.--For purposes of this section:
``(1) The term `commercial parties' means the parties that
make available to the public a drug, device, or other tangible
product.
``(2) The term `make available', with respect to the use by
the public of a drug, device, or other tangible product,
means--
``(A) to manufacture the product; or
``(B) to sell or trade the product, or to offer to
sell or trade the product.
``(3) The term `product' means a drug, device, or other
tangible product.
``(4)(A) The term `research entity', with respect to
project of biomedical research described in subsection (a),
means the entity with the principal property interest in the
results of the research, without regard to whether the entity
is the National Institutes of Health or a non-Federal entity.
``(B) An entity is a research entity under subparagraph (A)
without regard to whether the property interest in the results
of the project involved--
``(i) is directly in the drug, device, or other
product that is the subject of the project; or
``(ii) is only in findings that relate to the
product.''. | Federal Research Product Commercialization Act - Amends the Public Health Service Act to require that a biomedical research project relating to the development of a drug, device, or other tangible product may not be supported by the National Institutes of Health (NIH) unless there is in effect an agreement ensuring that any commercial parties involved in the project make the product available to the public at a reasonable price and that the commercial parties pay NIH royalties reasonably related to the amounts NIH spent with respect to the product. | {"src": "billsum_train", "title": "Federal Research Product Commercialization Act"} | 1,380 | 114 | 0.586331 | 1.516231 | 0.668917 | 4.734043 | 14.074468 | 0.968085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Elections and Political
Accountability Act''.
SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN
CONTRIBUTIONS.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended by adding at the end the following new
paragraph:
``(9) The limitations established under this subsection shall not
apply to contributions made during calendar years beginning after
1998.''.
SEC. 3. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS; LOWERING
THRESHOLD FOR COLLECTION AND DISCLOSURE OF IDENTIFICATION
OF CONTRIBUTORS.
(a) Mandatory Electronic Filing.--Section 304(a)(11)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is
amended by striking ``permit reports required by'' and inserting
``require reports under''.
(b) Requiring Reports for Certain Contributions Made to Any
Political Committee Within 60 Days of Election; Requiring Reports To Be
Made Within 48 Hours.--Section 304(a)(6) of such Act (2 U.S.C.
434(a)(6)) is amended to read as follows:
``(6)(A) Each political committee shall notify the Secretary or the
Commission, and the Secretary of State, as appropriate, in writing, of
any contribution in an aggregate amount equal to or greater than $100
which is received by the committee during the period which begins on
the 60th day before an election and ends at the time the polls close
for such election. This notification shall be made not later than
midnight of the day on which the contribution is deposited (but in no
event later than 48 hours after receipt) and shall include the name of
the candidate involved (as appropriate) and the office sought by the
candidate, the identification of the contributor, and the date of
receipt and amount of the contribution.
``(B) If a political committee returns a contribution for which
notification is made under subparagraph (A), the committee shall notify
the Secretary or the Commission, and the Secretary of State (as
appropriate).
``(C) The notifications required under this paragraph shall be in
addition to all other reporting requirements under this Act.''.
(c) Increasing Electronic Disclosure.--Section 304 of such Act (2
U.S.C. 434(a)) is amended by adding at the end the following new
subsection:
``(d)(1) The Commission shall make the information contained in the
reports submitted under this section available on the Internet and
publicly available at the offices of the Commission as soon as
practicable (but in no case later than 24 hours) after the information
is received by the Commission.
``(2) In this subsection, the term `Internet' means the
international computer network of both Federal and non-Federal
interoperable packet-switched data networks.''.
(d) Lowering Threshold for Collection and Disclosure of
Identification of Contributors.--
(1) Reporting requirements.--Section 304(b)(3) of such Act
(2 U.S.C. 434(b)(3)) is amended--
(A) in subparagraph (A), by striking ``whose
contribution or contributions have an aggregate amount
or value in excess of $200 within the calendar year, or
in any lesser amount if the reporting committee should
so elect,''; and
(B) in subparagraphs (F) and (G), by striking ``in
an aggregate amount or value in excess of $200'' each
place it appears.
(2) Information required to be forwarded to political
committees.--Section 302(b) of such Act (2 U.S.C. 432(b)) is
amended--
(A) in paragraph (1), by striking ``and if the
amount of the contribution is in excess of $50'' and
inserting ``together with''; and
(B) in paragraph (2), by striking ``shall--'' and
all that follows and inserting the following: ``shall
forward to the treasurer such contribution, the name
and address of the person making the contribution, and
the date of receipt of the contribution, no later than
10 days after receiving the contribution.''.
(3) Information required to be kept by political
committees.--Section 302(c) of such Act (2 U.S.C. 432(c)) is
amended--
(A) by striking paragraph (2); and
(B) in paragraph (3), by striking ``or
contributions aggregating more than $200''.
(e) Effective Date.--The amendment made by this section shall apply
with respect to reports for periods beginning on or after January 1,
1999.
SEC. 4. PROHIBITING CONTRIBUTIONS BY FOREIGN NATIONALS AND INDIVIDUALS
NOT QUALIFIED TO REGISTER TO VOTE IN FEDERAL ELECTIONS.
(a) In General.--Section 319 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441e) is amended to read as follows:
``contributions by foreign nationals and individuals not qualified to
register to vote in federal elections
``Sec. 319. (a) Foreign Nationals.--
``(1) In general.--It shall be unlawful for a foreign
national directly or through any other person to make any
contribution of money or other thing of value, or to promise
expressly or impliedly to make any such contribution, in
connection with an election to any political office or in
connection with any primary election, convention, or caucus
held to select candidates for any political office; or for any
person to solicit, accept, or receive any such contribution
from a foreign national.
``(2) Definition.--As used in this subsection, the term
`foreign national' means a foreign principal, as defined by
section 1(b) of the Foreign Agents Registration Act of 1938 (22
U.S.C. 611(b)).
``(b) Individuals Not Qualified to Register to Vote in Federal
Elections.--
``(1) Prohibiting contributions.--It shall be unlawful for
any individual who is not qualified to register to vote in an
election for Federal office directly or through any other
person to make any contribution of money or other thing of
value, or to promise expressly or impliedly to make any such
contribution, in connection with an election to any political
office or in connection with any primary election, convention,
or caucus held to select candidates for any political office.
``(2) Prohibiting solicitation or acceptance of
contributions.--It shall be unlawful for any person to
knowingly solicit, accept, or receive any contribution of money
or other thing of value from an individual who is not qualified
to register to vote in an election for Federal office.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after January 1999.
SEC. 5. FUNDING OF POLITICAL ACTIVITIES BY CORPORATIONS AND LABOR
ORGANIZATIONS.
(a) Prohibiting Donation of Funds to Political Parties.--
(1) In general.--Section 316 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at
the end the following new subsection:
``(c)(1) No national bank, corporation, or labor organization
described in this section may make any payment of any gift,
subscription, loan, advance, or deposit of money or anything of value
to any political committee established and maintained by a political
party (including a congressional campaign committee of a political
party) in support of the committee's activities.
``(2) Paragraph (1) shall not apply to a contribution or
expenditure made by a separate segregated fund of a corporation or
labor organization described in subsection (b)(2)(C).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to elections occurring after January
1999.
(b) Prohibiting Involuntary Assessment of Employee Funds for
Political Activities.--
(1) In general.--Section 316 of such Act (2 U.S.C. 441b),
as amended by subsection (a), is further amended by adding at
the end the following new subsection:
``(d)(1) Except with the separate, prior, written, voluntary
authorization of the individual involved, it shall be unlawful--
``(A) for any national bank or corporation described in
this section to collect from or assess its stockholders any
dues, initiation fee, or other payment, or collect from or
assess its employees any dues, initiation fee, or other payment
as a condition of employment, if any part of such dues, fee, or
payment will be used for Federal campaign activity in which the
national bank or corporation is engaged; and
``(B) for any labor organization described in this section
to collect from or assess its members or nonmembers any dues,
initiation fee, or other payment if any part of such dues, fee,
or payment will be used for Federal campaign activity in which
the labor organization is engaged.
``(2) An authorization described in paragraph (1) shall remain in
effect until revoked and may be revoked at any time. Each entity
collecting from or assessing amounts from an individual with an
authorization in effect under such paragraph shall provide the
individual with a statement that the individual may at any time revoke
the authorization.
``(3) For purposes of this subsection, the term `Federal campaign
activity' means any activity carried out for the purpose of influencing
(in whole or in part) any election for Federal office or educating
individuals about candidates for election for Federal office, except
that such term does not include the making of any communication
provided by a corporation to its employees and their families or by a
labor organization to its members and their families on any subject.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to amounts collected or assessed on or after the
date of the enactment of this Act.
SEC. 6. PROHIBITING CONTRIBUTIONS DURING SIX MONTHS FOLLOWING GENERAL
ELECTION.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following new section:
``prohibiting contributions during six months following general
election
``Sec. 323. (a) In General.--No person may make any contribution
with respect to an election for Federal office to any political
committee of a candidate for election for such office during the 180-
day period which begins on the date of the previous regularly scheduled
general election for such office, unless the election is a runoff or
special election.
``(b) Exception for Contributions in Connection With Expenses of
Previous Election.--Subsection (a) shall not apply with respect to a
contribution made solely in connection with the expenses of an election
held prior to the date on which the contribution is made.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after January 1999.
SEC. 7. INCREASE IN AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL
ELECTION COMMISSION.
Section 314 of the Federal Election Campaign Act of 1971 (2 U.S.C.
439c) is amended by adding at the end the following new sentence:
``There are authorized to be appropriated to the Commission $60,000,000
for each of the fiscal years 1999, 2000, and 2001, of which not less
than $28,350,000 shall be used during each such fiscal year for
enforcement activities.''.
SEC. 8. ENHANCING ENFORCEMENT OF CAMPAIGN FINANCE LAW.
(a) Mandatory Imprisonment for Criminal Conduct.--Section
309(d)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C.
437g(d)(1)(A)) is amended--
(1) in the first sentence, by striking ``shall be fined, or
imprisoned for not more than one year, or both'' and inserting
``shall be imprisoned for not fewer than 1 year and not more
than 10 years''; and
(2) by striking the second sentence.
(b) Concurrent Authority of Attorney General to Bring Criminal
Actions.--Section 309(d) of such Act (2 U.S.C. 437g(d)) is amended by
adding at the end the following new paragraph:
``(4) In addition to the authority to bring cases referred pursuant
to subsection (a)(5), the Attorney General may at any time bring a
criminal action for a violation of this Act or of chapter 95 or chapter
96 of the Internal Revenue Code of 1986.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to actions brought with respect to elections
occurring after January 1999. | Fair Elections and Political Accountability Act - Amends the Federal Election Campaign Act of 1971 (FECA) to eliminate current limitations on Federal election campaign contributions after 1998.
Requires (current law permits) electronic filing of FECA reports. Repeals reporting requirements for certain contributions received by authorized committees and replaces them with reporting requirements for certain contributions received by political committees. Directs the Federal Election Commission to make information contained in FECA reports submitted available on the Internet and publicly available at the Commission's offices within 24 hours after the information is received by the Commission. Eliminates thresholds for the disclosure of the identification of certain contributors. Repeals the requirement that political committees record the identification of any person who makes any contribution in excess of $50.
Bans contributions from individuals not qualified to register to vote in Federal elections.
Prohibits the funding of the political activities of national banks, corporations, and labor organizations, with the exception of contributions and expenditures made by separate segregated funds of corporations and labor organizations. Prohibits the involuntary assessment of: (1) stockholder and employee funds by national banks and corporations to be used for Federal campaign activities; and (2) member and nonmember funds by labor organizations to be used for Federal campaign activities.
Prohibits contributions from being made to the political committees of candidates six months following a general election unless the election is a runoff or special election, with the exception of contributions made solely in connection with the expenses of the previous election.
Authorizes appropriations for the Commission.
Revises enforcement provisions to mandate and increase the period of time of imprisonment of any person who commits a violation of FECA involving any contribution or expenditure aggregating $2,000 or more. Permits the Attorney General, with respect to violations of the Act, the Presidential Election Campaign Fund Act, or the Presidential Primary Matching Payment Account Act, to bring a criminal action in addition to requiring payment of specified civil penalties. | {"src": "billsum_train", "title": "Fair Elections and Political Accountability Act"} | 2,954 | 423 | 0.612881 | 1.796686 | 0.790139 | 2.303523 | 6.869919 | 0.845528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women Immigrants Safe Harbor Act of
2001''.
SEC. 2. ELIGIBILITY FOR CERTAIN PUBLIC BENEFITS OF ALIENS SUFFERING
FROM DOMESTIC ABUSE.
(a) Exemption From SSI and Food Stamps Ban.--Section 402(a)(2) of
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the
following:
``(L) Battered aliens.--With respect to eligibility
for benefits for a specified Federal program (as
defined in paragraph (3)), paragraph (1) shall not
apply to an alien who--
``(i) is described in section 431(c),
``(ii) is described in section 431(b) and
also is described in section 431(c), other than
paragraphs (1)(B), (2)(B), and (3)(B), or
``(iii) is described in section
431(b)(8).''.
(b) Exemption From TANF, Medicaid, and SSBG Ban.--Section 402(b)(2)
of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding after subparagraph
(F) the following new subparagraph:
``(G) Battered aliens.--An alien who--
``(i) is described in section 431(c),
``(ii) is described in section 431(b) and
also is described in section 431(c), other than
paragraphs (1)(B), (2)(B), and (3)(B), or
``(iii) is described in section
431(b)(8).''.
(c) Exemption From 5-Year Ban for Federal Means-Tested Public
Benefits.--Section 403(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by
adding at the end the following:
``(3) Battered aliens.--An alien who--
``(i) is described in section 431(c),
``(ii) is described in section 431(b) and also is
described in section 431(c), other than paragraphs
(1)(B), (2)(B), and (3)(B),
``(iii) is described in section
431(b)(8).''.
(d) Expansion of Definition of Battered Aliens.--
(1) In general.--Section 431(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)) is amended--
(A) in paragraphs (1)(A), (2)(A), and (3)(A) by
inserting `` or the benefits to be provided would
alleviate the harm from such battery or cruelty or
would enable the alien to avoid such battery or cruelty
in the future'' before the semicolon; and
(B) in the matter following paragraph (3), by
inserting `` and for determining whether the benefits
to be provided under a specific Federal, State, or
local program would alleviate the harm from such
battery or extreme cruelty or would enable the alien to
avoid such battery or extreme cruelty in the future''
before the period.
(2) Conforming amendment regarding sponsor deeming.--
Section 421(f)(1) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(f)(1)) is
amended--
(A) in subparagraph (A), by inserting ``or would
alleviate the harm from such battery or cruelty, or
would enable the alien to avoid such battery or cruelty
in the future'' before the semicolon; and
(B) in subparagraph (B), by inserting ``or would
alleviate the harm from such battery or cruelty, or
would enable the alien to avoid such battery or cruelty
in the future'' before the period.
(e) Status as Qualified Alien for Nonimmigrant ``U'' Visa
Holders.--Section 431(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended--
(A) by striking `or'' at the end of paragraph (6);
(B) by striking the period at the end of paragraph
(7) and inserting ``, or''; and
(C) by adding at the end the following new
paragraph:
``(8) status as a nonimmigrant under section 101(a)(15)(U)
of the Immigration and Nationality Act.''.
(f) Conforming Definition of ``Family'' Used in Laws Granting
Federal Public Benefit Access for Battered Aliens to State Family
Law.--Section 431(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--
(1) in paragraph (1)(A), by striking ``by a spouse or a
parent, or by a member of the spouse or parent's family
residing in the same household as the alien and the spouse or
parent consented to, or acquiesced in, such battery or
cruelty,'' and inserting ``by a spouse, parent, son, or
daughter, or by any individual having a relationship with the
alien covered by the civil or criminal domestic violence
statutes of the State or Indian country where the alien
resides, or the State or Indian country in which the alien, the
alien's child, or the alien child's parents received a
protection order, or by any individual against whom the alien
could obtain a protection order,''; and
(2) in paragraph (2)(A), by striking ``by a spouse or
parent of the alien (without the active participation of the
alien in the battery or cruelty), or by a member of the spouse
or parent's family residing in the same household as the alien
and the spouse or parent consented or acquiesced to such
battery or cruelty,'' and inserting ``by a spouse, parent, son,
or daughter of the alien (without the active participation of
alien in the battery or cruelty) or by any individual having a
relationship with the alien covered by the civil or criminal
domestic violence statutes of the State or Indian county where
the alien resides, or the State or Indian country in which the
alien, the alien's child, or the alien child's parent received
a protection order, or by any individual against whom the alien
could obtain a protection order,''.
(g) Treatment of Family-Sponsored Battered Aliens Under the Public
Charge Provisions of Section 212 of the INA.--Section 212(a)(4)(A) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)(A)) is
amended--
(1) by inserting ``(i)'' before ``Any alien'';
(2) by adding at the end the following:
``(ii) The provisions of this paragraph
shall not apply to an alien who is--
``(I) described in section 431(c)
of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996,
``(II) described in section 431(b)
of such Act and also is described in
section 431(c) of such Act, other than
paragraphs (1)(B), (2)(B), and (3)(B),
or
``(III) described in section
431(b)(8) of such Act.''; and
(3) by indenting clause (i) (as designated by paragraph (1)
of this subsection) and aligning such clause (i) with clause
(ii) of such subparagraph (as added by paragraph (2) of this
subsection).
(h) Benefits Provided to Battered Aliens Not Subject to
Reimbursement.--Section 423(d) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 is amended by adding after
paragraph (11) the following:
``(12) Benefits provided to an alien who--
``(i) is described in section 431(c),
``(ii) is described in section 431(b) and also is
described in section 431(c), other than paragraphs
(1)(B), (2)(B), and (3)(B), or
``(iii) is described in section
431(b)(8).''.
(i) Effective Date.--The amendments made by this section apply to
public benefits provided on or after the date of enactment of this Act. | Women Immigrants Safe Harbor Act of 2001 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) to exempt battered aliens from the ban on receiving benefits under specified Federal programs, such as Medicaid and Supplemental Security Income (SSI) (titles XIX and XVI of the Social Security Act (SSA)) and other Federal assistance.Amends: (1) PRWORA concerning the status as qualified alien for nonimmigrant "U" visa holders; and (2) the Immigration and Nationality Act concerning treatment of family-sponsored battered aliens under the public charge provisions of such Act.Provides that benefits provided to battered aliens are not subject to reimbursement under PRWORA. | {"src": "billsum_train", "title": "To amend title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to provide for the eligibility of certain aliens suffering from domestic abuse for SSI, food stamps, TANF, Medicaid, SSBG, and certain other public benefit programs, and for other purposes."} | 1,963 | 163 | 0.521542 | 1.49282 | 0.674449 | 3.228346 | 13.03937 | 0.787402 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pension Assistance and Counseling
Act of 1999''.
SEC. 2. PENSION COUNSELING PROGRAMS.
Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et
seq.) is amended--
(1) by redesignating subtitle C as subtitle D;
(2) by redesignating sections 761 through 764 as sections
791 through 794, respectively; and
(3) by inserting after subtitle B the following:
``Subtitle C--Pension Counseling
``SEC. 761. PENSION COUNSELING PROGRAM.
``(a) Definitions.--In this section:
``(1) Pension and other retirement benefits.--The term
`pension and other retirement benefits' means private, civil
service, and other public pensions and retirement benefits,
including benefits provided under--
``(A) the Social Security program carried out under
title II of the Social Security Act (42 U.S.C. 401 et
seq.);
``(B) the railroad retirement program carried out
under the Railroad Retirement Act of 1974 (45 U.S.C.
231 et seq.);
``(C) the government retirement benefits programs
carried out under--
``(i) the Civil Service Retirement System
set forth in subchapter III of chapter 83 of
title 5, United States Code;
``(ii) the Federal Employees Retirement
System set forth in chapter 84 of title 5,
United States Code;
``(iii) title 10, United States Code; or
``(iv) any other government retirement
system, including any Government pension plan
as such term is defined under section 9502 of
title 31, United States Code; or
``(D) the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1001 et seq.).
``(2) Pension counseling program.--The term `pension
counseling program' means a program described in subsection
(c).
``(b) Establishment.--The Assistant Secretary shall establish and
carry out pension counseling projects. In carrying out the projects,
the Assistant Secretary shall award grants under subsection (c) and
(d).
``(c) Pension Counseling Programs.--
``(1) Use of funds.--In carrying out the projects specified
in subsection (b), the Assistant Secretary shall award grants
to eligible entities to establish programs that create or
continue a sufficient number of pension assistance and
counseling projects to provide outreach, information,
counseling, referral, and other assistance regarding pension
and other retirement benefits, and rights related to such
benefits, to individuals throughout the United States.
``(2) Award of grants.--
``(A) Type of entity.--The Assistant Secretary
shall award under this subsection--
``(i) grants to State agencies or area
agencies on aging; and
``(ii) grants to nonprofit organizations
with a proven record of providing--
``(I) services related to
retirement of older individuals; or
``(II) specific pension counseling.
``(B) Panel.--In awarding grants under this
subsection, the Assistant Secretary shall use a citizen
advisory panel that shall include representatives of
business, labor, national senior advocates, and
national pension rights advocates.
``(C) Criteria.--In awarding grants under this
subsection, the Assistant Secretary, after consultation
with the panel, shall use as criteria--
``(i) evidence of commitment of an agency
or organization to carry out a proposed pension
counseling program;
``(ii) the ability of the agency or
organization to perform effective outreach to
affected populations, particularly populations
identified as in need of special outreach;
``(iii) reliable information that the
population to be served by the agency or
organization has a demonstrable need for the
services proposed to be provided under the
program; and
``(iv) evidence of ability of the agency or
organization to provide services under the
program on a statewide or regional basis.
``(3) Application.--
``(A) In general.--To be eligible to receive a
grant under this subsection, an entity shall submit an
application to the Assistant Secretary at such time, in
such manner, and containing such information as the
Assistant Secretary may require, including, at a
minimum--
``(i) a plan for the establishment of a
pension counseling program to serve a specific
geographic area; and
``(ii) an assurance that staff members
(including volunteer staff members) have no
conflict of interest in providing the services
described in the plan.
``(B) Plan.--The plan described in subparagraph (A)
shall provide for a program that--
``(i) establishes or continues a State or
area pension counseling service;
``(ii) provides counseling (including
direct counseling and assistance to individuals
needing information) and information that may
assist individuals in establishing rights to,
obtaining, and filing claims or complaints
related to, pension and other retirement
benefits;
``(iii) provides information on sources of
pension and other retirement benefits,
including the benefits under programs described
in subsection (a)(1);
``(iv) makes referrals to legal services
and other advocacy programs;
``(v) establishes a system of referral to
Federal, State, and local departments or
agencies related to pension and other
retirement benefits;
``(vi) provides a sufficient number of
staff positions (including volunteer positions)
to ensure information, counseling, referral,
and assistance regarding pension and other
retirement benefits;
``(vii) provides training programs for
staff members, including volunteer staff
members of the programs described in subsection
(a)(1);
``(viii) makes recommendations to the
Administration, the Department of Labor, and
other Federal, State, and local agencies
concerning issues for older individuals related
to pension and other retirement benefits; and
``(ix) establishes or continues to provide
projects to provide outreach, information,
counseling, referral, and other assistance
regarding pension and other retirement
benefits, with particular emphasis on outreach
to women, minorities, and low-income retirees.
``(d) Training and Technical Assistance Program.--
``(1) Use of funds.--In carrying out the projects described
in subsection (b), the Assistant Secretary shall award a grant
to an eligible entity to establish a training and technical
assistance program to provide--
``(A) information and technical assistance to the
staffs of entities operating pension counseling
programs; and
``(B) assistance to the entities, including
assistance in designing program evaluation tools.
``(2) Eligible entity.--Entities eligible to receive grants
under this subsection include nonprofit private organizations
with records of providing national information, referral, and
advocacy in matters related to pension and other retirement
benefits.
``(3) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Assistant Secretary at such time, in such manner, and
containing such information as the Assistant Secretary may
require.
``(e) Pension Assistance Hotline and Interagency Coordination.--The
Assistant Secretary shall enter into interagency agreements for the
establishment and operation of, and dissemination of information about,
a telephone hotline for individuals seeking outreach, information,
counseling, referral, and assistance regarding pension and other
retirement benefits, and rights related to such benefits. The Assistant
Secretary shall also enter into agreements with the Secretary of Labor
and with the heads of other Federal agencies that regulate the
provision of pension and other retirement benefits, as the Assistant
Secretary determines to be appropriate, in order to carry out this
subsection and to develop a nationwide public-private pension
assistance system.
``(f) Report to Congress.--
``(1) Preparation.--The Assistant Secretary shall prepare a
report that--
``(A) summarizes the distribution of funds
authorized for grants under this section and the
expenditure of such funds;
``(B) summarizes the scope and content of training
and assistance provided under a program carried out
under this section and the degree to which the training
and assistance can be replicated;
``(C) outlines the problems that individuals
participating in programs funded under this section
encountered concerning rights related to pension and
other retirement benefits; and
``(D) makes recommendations regarding the manner in
which services provided in programs funded under this
section can be incorporated into the ongoing programs
of State agencies, area agencies on aging, multipurpose
senior centers, and other similar entities.
``(2) Submission.--Not later than 30 months after the date
of enactment of this section, the Assistant Secretary shall
submit the report described in paragraph (1) to the Committee
on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of
the Senate.
``(g) Administrative Expenses.--Of the funds appropriated under
subsection (h) to carry out this section for a fiscal year, not more
than $100,000 may be used by the Administration for administrative
expenses in carrying out this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2000 through 2003.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Repealer.--Section 429J of the Older Americans Act of 1965 (42
U.S.C. 3035r) is repealed.
(b) Conforming Amendment.--Subsection (b) of section 794 of the
Older Americans Act of 1965 (as redesignated in section 2(2)) is
amended by striking ``entities described in section 751(c)'' and
inserting ``persons and entities described in section 793(b)''. | Specifies that such grants shall be awarded to: (1) State agencies or area agencies on aging; (2) nonprofit organizations with a proven record of providing services related to retirement of older individuals or specific pension counseling; and (3) an eligible entity to establish a training and technical assistance program to provide information and technical assistance to the staffs of entities operating pension counseling programs and assistance to such entities, including assistance in designing program evaluation tools. Makes nonprofit private organizations with records of providing national information, referral, and advocacy in matters related to pension and other retirement benefits eligible to receive training and technical assistance grants.
Requires the Assistant Secretary to enter into: (1) interagency agreements for the establishment and operation of, and dissemination of information about, a telephone hotline for individuals seeking outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits; and (2) agreements with the Secretary of Labor and with the heads of other Federal agencies that regulate the provision of pension and other retirement benefits, as appropriate, in order to carry out this Act and to develop a nationwide public-private pension assistance system.
Authorizes appropriations.
Repeals provisions of the Act that establish pension rights demonstration projects. | {"src": "billsum_train", "title": "Pension Assistance and Counseling Act of 1999"} | 2,133 | 254 | 0.521412 | 1.403326 | 0.772005 | 5.930612 | 8.289796 | 0.967347 |
SECTION 1. CONVEYANCE OF TITLE TO WORKS, FACILITIES, AND LANDS.
(a) Definitions.--
(1) Consolidated contract.--The term ``consolidated
contract'' means the ``Amendatory and Supplemental Consolidated
Contract with Wellton-Mohawk Irrigation and Drainage District
for Delivery of Water, Construction of Works, Repayment, and
Project Power Supply'' (Reclamation's Contract Number 1-07-30-
W0021 Amendment No. 1) and any amendments or supplements.
(2) Designated lands.--The term ``Designated Lands'' means
those lands within or adjacent to the Division designated by
Wellton-Mohawk, in conjunction with Reclamation, on the
Production Re-examination Board maps referenced in the
Consolidated Contract. Wellton-Mohawk will acquire the
Designated Lands by fair value purchase or exchange as set
forth in the Memorandum of Agreement.
(3) Division.--The term ``Division'' means the Wellton-
Mohawk Division of the Gila Project, Arizona.
(4) Memorandum of agreement.--The term ``Memorandum of
Agreement'' means the agreement to be made between the
Secretary and Wellton-Mohawk setting forth, among other things,
the amount of administrative costs to be shared by the United
States and Wellton-Mohawk; the fair value price of the
Designated Lands to be purchased by Wellton-Mohawk; the date
certain by which transfer must be completed to avoid transfer
by operation of law; and, addressing salinity control concerns
of Reclamation with regards to return flows from Wellton-
Mohawk.
(5) Reclamation.--The term ``Reclamation'' means the
Department of the Interior, Bureau of Reclamation.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Wellton-mohawk.--The term ``Wellton-Mohawk'' means the
Wellton-Mohawk Irrigation and Drainage District, an irrigation
and drainage district created, organized and existing under and
by virtue of the laws of the State of Arizona. Wellton-Mohawk
is a fully paid out single reclamation purpose district and
intends to continue to operate as a single reclamation purpose
district following transfer of title to its works, facilities,
and lands.
(8) Western.--The term ``Western'' means the Department of
Energy, Western Area Power Administration.
(b) Conveyance.--The Secretary shall, upon payment of such
consideration as provided in this section and section (d) (requiring
fair value payment for Designated Lands) and none other, convey to
Wellton-Mohawk, by quitclaim deed or patent, all right, title, and
interest of the United States in and to Designated Lands, easements,
and rights-of-way of or in connection with the Division, together with
the pumping plants, canals, drains, laterals, roads, pumps, motors,
checks, headgates, relifts, transformers, buildings, works, including
Gila River flood protection and control works and related works and
facilities made a part of the project works by Reclamation Contract 9-
07-30-W0117, and other improvements or appurtenances to the land or
used for the delivery of water from the headworks (but not the
headworks themselves) of the Wellton-Mohawk Canal, including all
facilities used in conjunction with the Division (including the
Wellton-Mohawk Main Conveyance Channel and drainage facilities of the
Division and related purposes for which the allocable construction
costs have been fully repaid by Wellton-Mohawk). Administrative costs,
including costs associated with compliance with procedural requirements
of environmental or other statutes, of transfer of title to works,
facilities, and lands and related activities shall be paid in equal
shares by the United States and Wellton-Mohawk, pursuant to the
Memorandum of Agreement. Reclamation is hereby authorized to expend
funds for the purpose of completing the transfer of title to works,
facilities, and lands herein authorized and directed.
(c) Water and Power Delivery.--Notwithstanding the transfer of
title to works, facilities, and lands, the Secretary shall continue to
deliver water to Wellton-Mohawk in accordance with the terms of the
Consolidated Contract. Notwithstanding the transfer of title to works,
facilities, and lands, the Secretary and Western shall continue to
provide Wellton-Mohawk with project reserved power from the Parker
Reclamation Power Plant and Davis Reclamation Power Plant, in
accordance with the terms of the Consolidated Contract and the ``Power
Management Agreement'' (Reclamation's and Western's Contract Numbers 6-
CU-30-P1136, 6-CU-30-P1137, and 6-CU-30-P1138).
(d) Payment.--Consideration for the Designated lands shall be the
fair value of the Designated Lands as established in the Memorandum of
Agreement. Fair value shall be paid to the United States by Wellton-
Mohawk, to the United States at the time of transfer.
(e) Liability.--Effective on the date of conveyance of the project
works, facilities and lands, described in section 1(b), the United
States shall not be held liable by any court for damages of any kind
arising out of any act, omission, or occurrence relating to the
conveyed works, facilities, and lands, except for damages caused by
acts of negligence committed by the United States or by its employees,
agents, or contractors as provided in the Federal Tort Claims Act (28
U.S.C. 2671 et seq.).
(f) Salinity Control.--The Memorandum of Agreement shall resolve
any salinity control issues resulting from return flows from Wellton-
Mohawk in accordance with Public Law 93-320.
(g) Report.--The Secretary shall provide a report to the Committee
on Resources of the United States House of Representatives and to the
Committee on Energy and Natural Resources of the United States Senate
within 18 months from the date of enactment of this Act on the status
of the transfer, any obstacles to completion of the transfer as
provided in this section, and the anticipated date for such transfer.
If such transfer has not occurred by the date certain established in
the Memorandum of Agreement, then upon the tender of fair value, as
established by Wellton-Mohawk, to the Secretary by Wellton-Mohawk, all
right, title, and interest of the United States in and to the works,
facilities, and lands described in section (b) shall transfer to and
vest in Wellton-Mohawk by operation of law. The Secretary shall provide
such evidence of title as Wellton-Mohawk may request at no cost to
Wellton-Mohawk. | Directs the Secretary of the Interior, after payment to the United States of appropriate consideration, to transfer certain works, facilities, and titles of the Gila Project, Arizona, as well as designated lands within or adjacent to such Project, to the Wellton-Mohawk Irrigation and Drainage District in Arizona. Requires the Secretary to continue to deliver water to the District under the terms of a current consolidated contract.
Directs the Secretary to report to specified congressional committees on the status of such transfer, any transfer obstacles, and the anticipated transfer completion date. | {"src": "billsum_train", "title": "To authorize and direct the Secretary of the Interior to convey certain works, facilities, and titles of the Gila Project, and Designated Lands within or adjacent to the Gila Project, to the Wellton-Mohawk Irrigation and Drainage District, and for other purposes."} | 1,569 | 123 | 0.62558 | 1.722945 | 0.464255 | 2.754717 | 12.160377 | 0.886792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane, Tornado, and Related
Hazards Research Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Natural disasters cause enormous loss of life. Almost
all States and territories are at risk from the effects of 1 or
more types of natural disaster. Coastal States and many island
States and territories are vulnerable to the hazards of
windstorms. All Midwest, Southern, and Mid-Atlantic States are
vulnerable to the hazards of tornadoes and thunderstorms and
increased building activity is occurring in high-risk areas
such as the seashore and ``tornado alley''.
(2) Hurricanes, which combine high winds and flooding, and
related natural disasters cause enormous loss of life, injury,
destruction of property, and economic and social disruption, as
evidenced by the 56 deaths and $6,000,000,000 in property
damage in 1999 from Hurricane Floyd. From 1990 to 1999
hurricanes caused an average of 14 deaths and $4,970,000,000 in
property losses annually while tornadoes and other windstorms
caused over 58 deaths and $871,000,000 in property losses
annually.
(3) Improved windstorm and related hazard reduction
measures have the potential over the next 10 years to reduce
these losses that will only increase if steps are not taken to
help communities reduce their vulnerability. These measures
include--
(A) cost-effective and affordable design and
construction methods and practices;
(B) effective mitigation programs at the local,
State, and national level;
(C) informed land use decisions;
(D) impact prediction methodologies and early
warning systems;
(E) application of research results; and
(F) public education and outreach programs.
(4) Engineering research needs to address both improving
new structures and retrofitting existing ones.
(5) There is an appropriate role for the Federal Government
in the collection, preparation, coordination, and dissemination
of windstorm and related hazards reduction information in order
to protect public health and safety and in increasing public
awareness of the dangers of these hazards and of affordable
steps homeowners can take to preserve life and property.
Improved outreach and implementation mechanisms are needed to
translate existing information and research findings into
usable, state-of-the-art specifications, criteria, and cost-
effective practices for design and construction professionals,
State and local officials, manufacturers, and the public.
(6) An effective Federal program in windstorm and related
hazard reduction will require interagency coordination, input
from individuals and institutions outside the Federal
Government who are expert in the sciences of natural hazards
reduction and in the practical application of mitigation
measures, and improved mechanisms for the transfer of new
knowledge to State and local officials, to homeowners, and to
the design and construction industry. Tax credits are an
effective incentive for helping homeowners apply mitigation
measures.
(7) Windstorms and related hazards are a worldwide problem,
and international cooperation is desirable for mutual learning
and mitigation.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``Director'' means the Director of the Office
of Science and Technology Policy.
(2) The term ``related hazards'' means any naturally
destructive environmental phenomena related to windstorms such
as flooding, wildfires, and hail, and any major hazard of human
origin potentially resulting in similar destruction, including
terrorist acts.
(3) The term ``State'' means each of the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and
any other territory or possession of the United States.
(4) The term ``windstorm'' means any storm with a damaging
or destructive wind component, such as a hurricane, tropical
storm, tornado, or thunderstorm.
SEC. 4. NATIONAL WINDSTORM AND RELATED HAZARD IMPACT REDUCTION PROGRAM.
(a) Interagency Group.--Not later than 90 days after the date of
the enactment of this Act, the Director shall establish an Interagency
Group consisting of representatives of appropriate Federal agencies,
including the National Science Foundation, the National Oceanic and
Atmospheric Administration, the National Institute of Standards and
Technology, the Department of Energy, and other agencies with
jurisdiction over housing, construction, and natural disaster
mitigation and relief, to be responsible for the development and
implementation of a coordinated Federal windstorm and related hazards
reduction research, development, and technology transfer program based
on identified public needs. In establishing the Interagency Group, the
Director is encouraged, where appropriate, to designate lead agencies
and to preserve existing programs and functions of Federal agencies and
organizations, and shall ensure regular agency coordination and
information sharing.
(b) Objective.--The objective of the windstorm and related hazard
impact reduction program is the achievement, within 10 years after the
date of the enactment of this Act, of major measurable reductions in
losses that would otherwise have occurred to life and property from
windstorms and related hazards. The objective is to be achieved through
the creation of a program involving cooperation among governments at
all levels and the private sector featuring--
(1) pertinent basic research and applied research based on
identified public needs, which takes into account locality-
specific weather, susceptibility to natural hazards, design and
construction practices, and performance of the built
environment during windstorms and related hazards;
(2) better understanding of costs and benefits associated
with natural hazard impact reduction;
(3) systematic collection of physical and performance data
for buildings and other structures for use in developing and
deploying mitigation measures;
(4) an ongoing program of information dissemination on
cost-effective and affordable hazard reduction research results
and hazard-resistant building construction techniques to
industry, State and local governments, homeowners, and the
general public;
(5) improved technology for loss estimation, risk
assessment, hazard identification, prediction, warnings,
advanced planning, and disaster response;
(6) increased public awareness of the dangers of windstorms
and related hazards, and the value of taking preventative
action to preserve affected property and life; and
(7) priority attention to critical lifelines, including
infrastructure and utilities, that are especially needed in
time of disaster.
(c) Research and Development Elements.--The research and
development elements of the program may include--
(1) peer-reviewed research and development on and
demonstration of disaster-resistant systems, based on
identified public needs, and materials for new construction and
retrofit of existing construction, including composite
materials; building envelope components, including windows,
doors, and roofs; structural design; and design and
construction techniques, through physical testing and
postdisaster assessments, and through computer simulation when
appropriate, taking into consideration life safety and cost-
effectiveness, affordability, and regional differences
including susceptibility to windstorm and related hazards;
(2) development of quantitative assessment techniques to
evaluate the direct, indirect, and societal costs and benefits
associated with natural hazards, including exploration of
mitigation measures that could reduce windstorm vulnerability,
and to effectively exploit existing and developing mitigation
techniques;
(3) development of mechanisms for collecting and
inventorying information on building systems and materials
performance in windstorms and related hazards, information on
identified public mitigation priorities, and other pertinent
information from sources such as the construction industry,
insurance companies, and building officials;
(4) development of cost-effective and affordable planning,
design, construction, rehabilitation, and retrofit methods and
procedures, including utilization of mitigation measures, for
critical lifelines and facilities such as hospitals, schools,
public utilities, and other structures that are especially
needed in time of disaster;
(5) research and development on wind characterization and
micro-climates and on techniques, methodologies, and new
technologies for the mapping in finer detail of windstorms and
related hazard risks, to be coordinated with the mapping of
other natural and manmade hazards;
(6) development of improved loss estimation and risk
assessment systems for predicting and evaluating damaging
windstorm impacts and for identifying, evaluating, and reliably
characterizing windstorm hazards; and
(7) development of improved approaches for providing
emergency services, reconstruction, and redevelopment after a
windstorm or related hazard event.
(d) Technology Transfer.--The technology transfer elements of the
program shall include--
(1) the collection, classification, presentation, and
dissemination in a usable form to Federal, State, and local
officials, community leaders, the design and construction
industry, contractors, home owners, and the general public, of
research results, cost-effective construction techniques, loss
estimation and risk assessment methodologies, and other
pertinent information regarding windstorm phenomena, the
identification of locations and features which are especially
susceptible to natural hazard damage, ways to reduce the
adverse consequences of natural hazards, and related matters;
(2) in coordination with the private sector, academia, and
the States, curriculum development and related measures to
facilitate the training of employees of the design and
construction industry, the insurance industry, and State and
local governments, and other interested persons; and
(3) development of an outreach effort to increase public
and community awareness, including information related to
windstorm and related hazard mitigation.
(e) Implementation Plan.--The Interagency Group established under
subsection (a) shall refine, in conjunction with appropriate
representatives of State and local units of government and private
sector organizations, the objective stated in subsection (b), develop
measurements related to the objective, including emphasis on safety,
cost-effectiveness, and affordability, and develop a 10-year
implementation plan for achieving the objective with a strategic review
of goals and objectives every 3 years, working in coordination with the
private sector and State and local government for implementation in all
appropriate instances. Not later than 210 days after the date of the
enactment of this Act, the Interagency Group shall submit to the
Congress the implementation plan. The plan shall include--
(1) a statement of strategic research and development goals
and priorities;
(2) plans for the development of improved forecasting
techniques for windstorms, early warning systems, and systems
for comprehensive response;
(3) plans for the development of a systematic method for
collecting an inventory of buildings, building components, and
damage to buildings from natural hazards;
(4) a strategy to implement the transfer of technology and
information to State, county, local, and regional governmental
units and the private sector for appropriate implementation of
research and development results;
(5) provisions for outreach and dissemination, on a timely
basis, of--
(A) information and technology in a form that is of
use to the design professions, the construction
industry, and other interested parties; and
(B) other information and knowledge of interest to
the public to reduce vulnerability to wind and related
hazards;
(6) a description of how Federal disaster relief and
emergency assistance programs will incorporate research and
development results;
(7) establishment, consistent with this Act, of goals,
priorities, and target dates for implementation of the program;
(8) assignment of responsibilities with respect to each
element of the program that does not already have a Federal
lead agency;
(9) a description of plans for cooperation and coordination
in all phases of the program with interested governmental
entities in all States, particularly those containing areas of
high or moderate wind and related hazard risk; and
(10) staffing plans for the program and its components.
(f) Participation.--The implementation plan shall complement
existing Federal research programs and shall avoid duplication of
existing programs including earthquake programs whenever possible and
assign responsibilities to Federal agencies with existing expertise.
(g) Budget Coordination.--The Director shall each year, after
consulting with the Interagency Group established under section 4(a),
provide guidance to the other program agencies concerning the
preparation of requests for appropriations for activities related to
this Act, and shall prepare, in conjunction with the other program
agencies, an annual program budget to be submitted to the Office of
Management and Budget. Each program agency shall include with its
annual request for appropriations submitted to the Office of Management
and Budget a report that--
(1) identifies each element of the proposed program
activities of the agency;
(2) specifies how each of these activities contributes to
the program; and
(3) states the portion of its request for appropriations
allocated to each element of the program.
(h) Manufactured Housing Standards.--Nothing in this Act supersedes
any provision of the National Manufactured Housing Construction and
Safety Standards Act of 1974. No design, construction method, practice,
technology, material, mitigation methodology, or hazard reduction
measure of any kind developed under this Act shall be required for a
home certified under section 616 of the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. 5415),
pursuant to standards issued under such Act, without being subject to
the consensus development process and rulemaking procedures of that
Act.
SEC. 5. NATIONAL ADVISORY COMMITTEE FOR WINDSTORM AND RELATED HAZARDS
IMPACT REDUCTION.
(a) Establishment.--A National Advisory Committee shall be
established to review progress made under the program established under
section 4, advise on any improvements that should be made to that
program, and report to the Congress on actions that have been taken to
advance the Nation's capability to reduce the impacts of windstorm and
related hazards.
(b) Membership.--The Advisory Committee shall be composed of no
more than 21 members to be appointed by the President (one of whom
shall be designated by the President as chair). The members shall
include representatives of a broad cross-section of interests such as
the research, technology transfer, architectural, engineering, and
financial communities; materials and systems suppliers; State, county,
and local governments concerned with the reduction of windstorm and
related hazards; the residential, multifamily, and commercial sectors
of the construction industry; and the insurance industry, and other
representatives (not including members of Federal agencies) from areas
impacted by windstorms and related hazards.
(c) Coordination.--The Advisory Committee shall coordinate with
existing advisory committees of the Federal Government and of the
National Academies of Science and Engineering.
(d) Annual Report.--The Advisory Committee shall provide a summary
report to Congress each year.
(e) Exemption.--Section 14 of the Federal Advisory Committee Act
shall not apply to the Advisory Committee established under this
section.
SEC. 6. ANNUAL REPORT.
The Interagency Group established under section 4(a) shall, within
180 days after the end of each fiscal year, submit a report to the
Congress describing the status of the windstorm and related hazards
reduction program, describing progress achieved during the preceding
fiscal year, by government at all levels and by the private sector,
toward achieving the objective stated in section 4(b) and implementing
the plan developed under section 4(e), and including any amendments to
the implementation plan. Each such report shall include any
recommendations for legislative and other action the Interagency Group
considers necessary and appropriate.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out activities
under this Act $25,000,000 for fiscal year 2004, $50,000,000 for fiscal
year 2005, and $100,000,000 for fiscal year 2006. | Hurricane, Tornado, and Related Hazards Research Act - Requires the Director of the Office of Science and Technology Policy to establish an Interagency Group to be responsible for the development and implementation of a coordinated Federal windstorm and related hazards reduction research, development, and technology transfer program (the Windstorm and Related Hazard Impact Reduction Program) based on identified public needs to achieve major measurable reductions in losses within ten years.Requires that such program feature: (1) pertinent basic and applied research that takes into account locality-specific weather, susceptibility to natural hazards, design and construction practices, and performance of the built environment during windstorms and related hazards; (2) systematic collection of data for buildings and other structures for use in developing and deploying mitigation measures; (3) an ongoing program of information dissemination on cost-effective and affordable hazard reduction research results and hazard-resistant building construction techniques to industry, State and local governments, and the general public; and (4) improved technology for loss estimation, risk assessment, hazard identification, prediction, warnings, advanced planning, and disaster response.Requires the Interagency Group to develop and submit to Congress a ten-year implementation plan.Requires the Director to prepare, with other program agencies, an annual program budget.Establishes a National Advisory Committee to review progress made under the Program, advise on any improvements, and report to Congress on actions that have been taken to advance the Nation's capability to reduce windstorm and related hazard impacts. | {"src": "billsum_train", "title": "To reduce the impacts of hurricanes, tornadoes, and related hazards through a program of research and development and technology transfer, and for other purposes."} | 3,208 | 331 | 0.629516 | 2.096901 | 1.206261 | 5.422535 | 11.088028 | 0.964789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Participation in Railroad
Operations Act''.
SEC. 2. LOCAL INPUT.
(a) Amendment.--Chapter 109 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 10908. Local input
``(a) Requirement.--A rail carrier providing transportation subject
to the jurisdiction of the Board under this part shall not construct,
develop, or expand railroad maintenance facilities, intermodal rail
transfer facilities, railroad sidings, railroad bridges, railroad
yards, or other railroad facilities unless the Board determines that
the rail carrier has--
``(1) provided local communities with appropriate notice of
such activities;
``(2) conducted an assessment of negative environmental
impacts and appropriate mitigation actions pursuant to any
State or local law that, regardless of whether the rail carrier
is required to comply with such law, requires such assessments
to be made in similar circumstances;
``(3) held at least one public hearing in each municipality
which is directly affected by such construction, development,
or expansion activities; and
``(4) made good faith efforts to address concerns raised in
response to such notice.
``(b) Appropriate Notice.--Not later than 6 months after the date
of the enactment of this section, the Board shall by regulation
prescribe procedures that constitute appropriate notice under various
foreseeable circumstances, including emergency circumstances.
``(c) Approval of Certain At-Grade Crossings.--A rail carrier
providing transportation subject to the jurisdiction of the Board under
this part shall not construct an at-grade crossing over a public road
without first obtaining approval from the local governmental entity
with jurisdiction over the location of the proposed grade crossing.''.
(b) Table of Sections.--The table of sections for such chapter 109
is amended by adding at the end the following new item:
``10908. Local input.''.
SEC. 3. PUBLIC MEETINGS.
(a) Requirement.--Within 6 months after the date of the enactment
of this Act, and annually thereafter, the Secretary of Transportation
shall convene 6 public meetings, including at least one in northern New
Jersey, to provide an opportunity for the participants to present their
views, respond to the views of others, and discuss issues relating to
the quality of life and safety of persons who live, work, or are for
any other reason near railroad tracks. The goal of such meetings shall
be the identification of appropriate solutions to the quality-of-life
and safety problems that are discussed. The meetings shall be held in
diverse geographic locations where the Secretary considers the need for
and benefits to be derived from such meetings to be the greatest.
(b) Participation.--The Secretary of Transportation shall make
every effort to ensure participation at such meetings by local elected
officials, appropriate representatives of the Department of
Transportation, State and local environmental protection agencies,
local public health officials, railroad management, railroad labor,
railroad shippers, and individuals representing community interests.
(c) Reports to Congress.--The Secretary of Transportation shall,
within 3 months after the completion of each round of public meetings
convened pursuant to subsection (a), transmit to the Congress a report
summarizing the results of the public meetings, and including
recommendations to Congress for measures to help improve the quality of
life and safety of persons who live, work, or are for any other reason
near railroad tracks.
SEC. 4. PROTECTING LOCAL RESIDENTS IN RAILROAD TRANSACTIONS.
Section 11324 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(g) The Board shall not approve a transaction described in
section 11323(a) unless the Board has received assurances that the rail
carriers who will be responsible for rail operations resulting from or
affected by the transaction have addressed adequately and will continue
to address adequately problems identified with respect to the quality
of life and safety of persons who live, work, or are for any other
reason near railroad tracks.''.
SEC. 5. REGULATIONS TO REDUCE NOISE POLLUTION ALONG RAILROAD LINES.
(a) Requirement.--Within 6 months after the date of the enactment
of this Act, the Administrator of the Environmental Protection Agency,
after consultation with the Secretary of Transportation, shall publish
in the Federal Register proposed regulations for reducing noise
pollution generated from railroad operations and railroad facilities.
(b) Public Health and Welfare.--Such regulations shall be
prescribed to protect the public health and welfare, including the
health and welfare of persons who live, work, or are for any other
reason near railroad tracks, taking into account the degree of noise
reduction improvements achievable through the application of the best
available technology and the cost of compliance.
(c) Audible Warnings.--In prescribing such regulations, the
Administrator shall give strong consideration to section 20153 of title
49, United States Code, and shall seek to ensure that public safety is
not compromised.
(d) Final Regulations.--Within 90 days after publication of
proposed regulations under subsection (a), the Administrator shall
promulgate final regulations. Regulations issued under this section
shall be in lieu of any Federal railroad-related noise regulations for
locomotives and rail cars. Such regulations may be revised, from time
to time, in accordance with this section.
(e) Repeal.--Upon the issuance of final regulations under
subsection (d), section 17 of the Noise Control Act of 1972 (42 U.S.C.
4916) is repealed. | Local Participation in Railroad Operations Act - Amends Federal transportation law to prohibit rail carriers from constructing, developing, or expanding railroad maintenance facilities, intermodal rail transfer facilities, railroad sidings, railroad bridges, railroad yards, or other railroad facilities unless the Surface Transportation Board determines that the carrier has: (1) provided affected local communities with notice and an opportunity to be heard with respect to such activities; and (2) conducted an assessment of negative environmental impacts and appropriate mitigation actions pursuant to State or local law.
Prohibits a rail carrier from constructing an at-grade crossing over a public road without first obtaining approval from the local governmental entity with jurisdiction over the location of the proposed grade crossing. Prohibits the Board from approving the consolidation, merger, and acquisition of control of a rail carrier by one or more rail carriers unless it has received assurances that the rail carriers have addressed adequately and will continue to address adequately problems identified with respect to the quality of life and safety of persons who live, work, or are for any other reason near railroad tracks. Repeals a section of the Noise Control Act of 1972 regarding railroad noise emission standards upon the issuance of the final regulations under this Act. | {"src": "billsum_train", "title": "To improve the quality of life and safety of persons living and working near railroad tracks."} | 1,218 | 257 | 0.647007 | 1.809801 | 0.812327 | 5.63913 | 4.895652 | 0.908696 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Computer Security Enhancement Act of
2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The National Institute of Standards and Technology has
responsibility for developing standards and guidelines needed
to ensure the cost-effective security and privacy of sensitive
information in Federal computer systems.
(2) The Federal Government has an important role in
ensuring the protection of sensitive, but unclassified,
information controlled by Federal agencies.
(3) Technology that is based on the application of
cryptography exists and can be readily provided by private
sector companies to ensure the confidentiality, authenticity,
and integrity of information associated with public and private
activities.
(4) The development and use of encryption technologies by
industry should be driven by market forces rather than by
Government imposed requirements.
(b) Purposes.--The purposes of this Act are to--
(1) reinforce the role of the National Institute of
Standards and Technology in ensuring the security of
unclassified information in Federal computer systems; and
(2) promote technology solutions based on private sector
offerings to protect the security of Federal computer systems.
SEC. 3. SECURITY OF FEDERAL COMPUTERS AND NETWORKS.
Section 20(b) of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3(b)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (3) the following new
paragraphs:
``(4) except for national security systems, as defined in
section 5142 of Public Law 104-106 (40 U.S.C. 1452), to provide
guidance and assistance to Federal agencies for protecting the
security and privacy of sensitive information in interconnected
Federal computer systems, including identification of
significant risks thereto;
``(5) to promote compliance by Federal agencies with
existing Federal computer information security and privacy
guidelines;
``(6) in consultation with appropriate Federal agencies,
assist Federal response efforts related to unauthorized access
to Federal computer systems;''.
SEC. 4. COMPUTER SECURITY IMPLEMENTATION.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3) is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c)(1) In carrying out subsection (a)(2) and (3), the Institute
shall--
``(A) emphasize the development of technology-neutral
policy guidelines for computer security and electronic
authentication practices by the Federal agencies;
``(B) promote the use of commercially available products,
which appear on the list required by paragraph (2), to provide
for the security and privacy of sensitive information in
Federal computer systems;
``(C) develop qualitative and quantitative measures
appropriate for assessing the quality and effectiveness of
information security and privacy programs at Federal agencies;
``(D) perform evaluations and tests at Federal agencies to
assess existing information security and privacy programs;
``(E) promote development of accreditation procedures for
Federal agencies based on the measures developed under
subparagraph (C);
``(F) if requested, consult with and provide assistance to
Federal agencies regarding the selection by agencies of
security technologies and products and the implementation of
security practices; and
``(G)(i) develop uniform testing procedures suitable for
determining the conformance of commercially available security
products to the guidelines and standards developed under
subsection (a)(2) and (3);
``(ii) establish procedures for certification of private
sector laboratories to perform the tests and evaluations of
commercially available security products developed in
accordance with clause (i); and
``(iii) promote the testing of commercially available
security products for their conformance with guidelines and
standards developed under subsection (a)(2) and (3).
``(2) The Institute shall maintain and make available to Federal
agencies and to the public a list of commercially available security
products that have been tested by private sector laboratories certified
in accordance with procedures established under paragraph (1)(G)(ii),
and that have been found to be in conformance with the guidelines and
standards developed under subsection (a)(2) and (3).
``(3) The Institute shall annually transmit to the Congress, in an
unclassified format, a report containing--
``(A) the findings of the evaluations and tests of Federal
computer systems conducted under this section during the 12
months preceding the date of the report, including the
frequency of the use of commercially available security
products included on the list required by paragraph (2);
``(B) the planned evaluations and tests under this section
for the 12 months following the date of the report; and
``(C) any recommendations by the Institute to Federal
agencies resulting from the findings described in subparagraph
(A), and the response by the agencies to those
recommendations.''.
SEC. 5. COMPUTER SECURITY REVIEW, PUBLIC MEETINGS, AND INFORMATION.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by
inserting after subsection (c), as added by section 4 of this Act, the
following new subsection:
``(d)(1) The Institute shall solicit the recommendations of the
Computer System Security and Privacy Advisory Board, established by
section 21, regarding standards and guidelines that are being
considered for submittal to the Secretary in accordance with subsection
(a)(4). The recommendations of the Board shall accompany standards and
guidelines submitted to the Secretary.
``(2) There are authorized to be appropriated to the Secretary
$1,030,000 for fiscal year 2001 and $1,060,000 for fiscal year 2002 to
enable the Computer System Security and Privacy Advisory Board,
established by section 21, to identify emerging issues related to
computer security, privacy, and cryptography and to convene public
meetings on those subjects, receive presentations, and publish reports,
digests, and summaries for public distribution on those subjects.''.
SEC. 6. LIMITATION ON PARTICIPATION IN REQUIRING ENCRYPTION AND
ELECTRONIC AUTHENTICATION STANDARDS.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by
adding at the end the following new subsection:
``(g) The Institute shall not promulgate, enforce, or otherwise
adopt standards or policies for the Federal establishment of encryption
and electronic authentication standards required for use in computer
systems other than Federal Government computer systems.''.
SEC. 7. MISCELLANEOUS AMENDMENTS.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3), as amended by this Act, is further amended--
(1) in subsection (b)(8), as so redesignated by section
3(1) of this Act, by inserting ``to the extent that such
coordination will improve computer security and to the extent
necessary for improving such security for Federal computer
systems'' after ``Management and Budget)'';
(2) in subsection (e), as so redesignated by section 4(1)
of this Act, by striking ``shall draw upon'' and inserting in
lieu thereof ``may draw upon'';
(3) in subsection (e)(2), as so redesignated by section
4(1) of this Act, by striking ``(b)(5)'' and inserting in lieu
thereof ``(b)(7)''; and
(4) in subsection (f)(1)(B)(i), as so redesignated by
section 4(1) of this Act, by inserting ``and computer
networks'' after ``computers''.
SEC. 8. FEDERAL COMPUTER SYSTEM SECURITY TRAINING.
Section 5(b) of the Computer Security Act of 1987 (40 U.S.C. 759
note) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) to include emphasis on protecting sensitive
information in Federal databases and Federal computer sites
that are accessible through public networks.''.
SEC. 9. COMPUTER SECURITY FELLOWSHIP PROGRAM.
There are authorized to be appropriated to the Secretary of
Commerce $500,000 for fiscal year 2001 and $500,000 for fiscal year
2002 for the Director of the National Institute of Standards and
Technology for fellowships, subject to the provisions of section 18 of
the National Institute of Standards and Technology Act (15 U.S.C. 278g-
1), to support students at institutions of higher learning in computer
security. Amounts authorized by this section shall not be subject to
the percentage limitation stated in such section 18.
SEC. 10. STUDY OF ELECTRONIC AUTHENTICATION TECHNOLOGIES BY THE
NATIONAL RESEARCH COUNCIL.
(a) Review by National Research Council.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Commerce
shall enter into a contract with the National Research Council of the
National Academy of Sciences to conduct a study of electronic
authentication technologies for use by individuals, businesses, and
government.
(b) Contents.--The study referred to in subsection (a) shall--
(1) assess technology needed to support electronic
authentication technologies;
(2) assess current public and private plans for the
deployment of electronic authentication technologies;
(3) assess interoperability, scalability, and integrity of
private and public entities that are elements of electronic
authentication technologies; and
(4) address such other matters as the National Research
Council considers relevant to the issues of electronic
authentication technologies.
(c) Interagency Cooperation With Study.--All agencies of the
Federal Government shall cooperate fully with the National Research
Council in its activities in carrying out the study under this section,
including access by properly cleared individuals to classified
information if necessary.
(d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Commerce shall transmit to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report setting
forth the findings, conclusions, and recommendations of the National
Research Council for public policy related to electronic authentication
technologies for use by individuals, businesses, and government. The
National Research Council shall not recommend the implementation or
application of a specific electronic authentication technology or
electronic authentication technical specification for use by the
Federal Government. Such report shall be submitted in unclassified
form.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce $450,000 for fiscal year
2001, to remain available until expended, for carrying out this
section.
SEC. 11. PROMOTION OF NATIONAL INFORMATION SECURITY.
The Under Secretary of Commerce for Technology shall--
(1) promote an increased use of security techniques, such
as risk assessment, and security tools, such as cryptography,
to enhance the protection of the Nation's information
infrastructure;
(2) establish a central repository of information for
dissemination to the public to promote awareness of information
security vulnerabilities and risks; and
(3) in a manner consistent with section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 nt), promote the development of national standards-
based infrastructures needed to support government, commercial,
and private uses of encryption technologies for confidentiality
and authentication.
SEC. 12. ELECTRONIC AUTHENTICATION INFRASTRUCTURES.
(a) Electronic Authentication Infrastructures.--
(1) Technology-neutral guidelines and standards.--Not later
than 18 months after the date of the enactment of this Act, the
Director, in consultation with industry and appropriate Federal
agencies, shall develop technology-neutral guidelines and
standards, or adopt existing technology-neutral industry
guidelines and standards, for electronic authentication
infrastructures to be made available to Federal agencies so
that such agencies may effectively select and utilize
electronic authentication technologies in a manner that is--
(A) adequately secure to meet the needs of those
agencies and their transaction partners; and
(B) interoperable, to the maximum extent possible.
(2) Elements.--The guidelines and standards developed under
paragraph (1) shall include--
(A) protection profiles for cryptographic and
noncryptographic methods of authenticating identity for
electronic authentication products and services;
(B) a core set of interoperability specifications
for the use of electronic authentication products and
services in electronic transactions between Federal
agencies and their transaction partners; and
(C) validation criteria to enable Federal agencies
to select cryptographic electronic authentication
products and services appropriate to their needs.
(3) Revisions.--The Director shall periodically review the
guidelines and standards developed under paragraph (1) and
revise them as appropriate.
(b) Listing of Products.--Not later than 30 months after the date
of the enactment of this Act, and thereafter, the Director shall
maintain and make available to Federal agencies a nonmandatory list of
commercially available electronic authentication products, and other
such products used by Federal agencies, evaluated as conforming with
the guidelines and standards developed under subsection (a).
(c) Specifications for Electronic Certification and Management
Technologies.--
(1) Specifications.--The Director shall, as appropriate,
establish core specifications for particular electronic
certification and management technologies, or their components,
for use by Federal agencies.
(2) Evaluation.--The Director shall advise Federal agencies
on how to evaluate the conformance with the specifications
established under paragraph (1) of electronic certification and
management technologies, developed for use by Federal agencies
or available for such use.
(3) Maintenance of list.--The Director shall maintain and
make available to Federal agencies a list of electronic
certification and management technologies evaluated as
conforming to the specifications established under paragraph
(1).
(d) Reports.--Not later than 18 months after the date of the
enactment of this Act, and annually thereafter, the Director shall
transmit to the Congress a report that includes--
(1) a description and analysis of the utilization by
Federal agencies of electronic authentication technologies; and
(2) a description and analysis regarding the problems
Federal agencies are having, and the progress such agencies are
making, in implementing electronic authentication
infrastructures.
(e) Definitions.--For purposes of this section--
(1) the term ``electronic authentication'' means
cryptographic or noncryptographic methods of authenticating
identity in an electronic communication;
(2) the term ``electronic authentication infrastructure''
means the software, hardware, and personnel resources, and the
procedures, required to effectively utilize electronic
authentication technologies;
(3) the term ``electronic certification and management
technologies'' means computer systems, including associated
personnel and procedures, that enable individuals to apply
electronic authentication to electronic information; and
(4) the term ``protection profile'' means a list of
security functions and associated assurance levels used to
describe a product.
SEC. 13. SOURCE OF AUTHORIZATIONS.
There are authorized to be appropriated to the Secretary of
Commerce $7,000,000 for fiscal year 2001 and $8,000,000 for fiscal year
2002, for the National Institute of Standards and Technology to carry
out activities authorized by this Act for which funds are not otherwise
specifically authorized to be appropriated by this Act.
Passed the House of Representatives October 24, 2000.
Attest:
Clerk.
106th CONGRESS
2d Session
H. R. 2413
_______________________________________________________________________
AN ACT
To amend the National Institute of Standards and Technology Act to
enhance the ability of the National Institute of Standards and
Technology to improve computer security, and for other purposes. | (Sec. 4) Requires the Institute to: (1) carry out specified activities in the development of uniform standards and guidelines for the cost-effective security and privacy of sensitive information in certain Federal computer systems; (2) maintain and make available to Federal agencies and the public a list of commercially available, tested, and certified computer information security products; and (3) report annually to Congress on evaluations and tests of Federal computer systems, planned evaluations, and recommendations.
(Sec. 5) Directs the Institute to solicit the recommendations of the Computer System Security and Privacy Advisory Board regarding standards and guidelines that are being considered for submittal to the Secretary of Commerce.
Authorizes separate appropriations for FY 2001 and 2002 to enable the Board to identify emerging issues related to computer security, privacy, and cryptography and to convene public meetings on those subjects, receive presentations, and publish reports, digests, and summaries for public distribution on those subjects.
(Sec. 6) Prohibits the Institute from promulgating, enforcing, or otherwise adopting standards or policies for the Federal establishment of encryption and electronic authentication standards required for use in computer systems other than Federal Government computer systems.
(Sec. 7) Revises specified requirements, including authorizing (currently, requiring) the Institute, for the purposes of performing research and conducting studies, to draw upon computer system security guidelines developed by the National Security Agency.
(Sec. 8) Amends the Computer Security Act of 1987 to revise requirements regarding Federal computer system security training to require such training to include emphasis on protecting sensitive information in Federal databases and Federal computer sites that are accessible through public networks.
(Sec. 9) Authorizes appropriations for FY 2001 and 2002 for fellowships to support students at institutions of higher learning in computer security.
(Sec. 10) Requires a study by the National Research Council of the National Academy of Sciences of electronic authentication technologies. Authorizes appropriations for carrying out the study.
(Sec. 11) Directs the Under Secretary of Commerce for Technology (Under Secretary) to: (1) promote an increased use of security technologies to enhance the protection of the Nation's information infrastructure; (2) establish a central repository of information for dissemination to the public to promote awareness of information security vulnerability and risks; and (3) promote the development of national, standards-based infrastructures needed to support government, commercial and private uses of encryption technologies for confidentiality and authentication.
(Sec. 12) Directs the NIST Director to: (1) develop technology-neutral electronic authentication infrastructure guidelines and standards to enable Federal agencies to select and utilize electronic authentication technologies in a manner that is sufficiently secure and interoperable; (2) maintain and make available to Federal agencies and the public a nonmandatory list of commercially available electronic authentication products, and other such products used by Federal agencies, evaluated as conforming with such guidelines and standards; (3) establish core specifications for particular electronic certification and management technologies by Federal agencies and advise Federal agencies for evaluating the conformance of such systems with such criteria; (4) maintain and make available to Federal agencies a list of such systems evaluated as conforming to such criteria; and (5) transmit annual reports to Congress on progress and problems in implementing electronic authentication infrastructures.
(Sec. 13) Authorizes appropriations. | {"src": "billsum_train", "title": "Computer Security Enhancement Act of 2000"} | 3,399 | 712 | 0.616865 | 2.180684 | 0.640108 | 4.667707 | 5.173167 | 0.942278 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repeal and Refund Act''.
SEC. 2. REPEAL OF INDIVIDUAL MANDATE.
(a) Repeal of Requirement To Maintain Minimum Essential Coverage.--
(1) In general.--The Internal Revenue Code of 1986 is
amended by striking chapter 48.
(2) Conforming amendments.--
(A) Amendments related to the internal revenue code
of 1986.--
(i) Section 36B of the Internal Revenue
Code of 1986 is amended by redesignating
subsection (g) as subsection (h) and by
inserting after subsection (g) the following
new subsection:
``(g) Minimum Essential Coverage.--For purposes of this section--
``(1) In general.--The term `minimum essential coverage'
means any of the following:
``(A) Government sponsored programs.--Coverage
under--
``(i) the Medicare program under part A of
title XVIII of the Social Security Act,
``(ii) the Medicaid program under title XIX
of the Social Security Act,
``(iii) the CHIP program under title XXI of
the Social Security Act,
``(iv) medical coverage under chapter 55 of
title 10, United States Code, including
coverage under the TRICARE program,
``(v) a health care program under chapter
17 or 18 of title 38, United States Code, as
determined by the Secretary of Veterans
Affairs, in coordination with the Secretary of
Health and Human Services and the Secretary,
``(vi) a health plan under section 2504(e)
of title 22, United States Code (relating to
Peace Corps volunteers), or
``(vii) the Nonappropriated Fund Health
Benefits Program of the Department of Defense,
established under section 349 of the National
Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 10 U.S.C. 1587 note).
``(B) Employer-sponsored plan.--Coverage under an
eligible employer-sponsored plan.
``(C) Plans in the individual market.--Coverage
under a health plan offered in the individual market
within a State.
``(D) Grandfathered health plan.--Coverage under a
grandfathered health plan.
``(E) Other coverage.--Such other health benefits
coverage, such as a State health benefits risk pool, as
the Secretary of Health and Human Services, in
coordination with the Secretary, recognizes for
purposes of this subsection.
``(2) Eligible employer-sponsored plan.--The term `eligible
employer-sponsored plan' means, with respect to any employee, a
group health plan or group health insurance coverage offered by
an employer to the employee which is--
``(A) a governmental plan (within the meaning of
section 2791(d)(8) of the Public Health Service Act),
or
``(B) any other plan or coverage offered in the
small or large group market within a State.
Such term shall include a grandfathered health plan described
in paragraph (1)(D) offered in a group market.
``(3) Excepted benefits not treated as minimum essential
coverage.--The term `minimum essential coverage' shall not
include health insurance coverage which consists of coverage of
excepted benefits--
``(A) described in paragraph (1) of subsection (c)
of section 2791 of the Public Health Service Act, or
``(B) described in paragraph (2), (3), or (4) of
such subsection if the benefits are provided under a
separate policy, certificate, or contract of insurance.
``(4) Individuals residing outside united states or
residents of territories.--Any applicable individual shall be
treated as having minimum essential coverage for any month--
``(A) if such month occurs during any period
described in subparagraph (A) or (B) of section
911(d)(1) which is applicable to the individual, or
``(B) if such individual is a bona fide resident of
any possession of the United States (as determined
under section 937(a)) for such month.
``(5) Insurance-related terms.--Any term used in this
section which is also used in title I of the Patient Protection
and Affordable Care Act shall have the same meaning as when
used in such title.''.
(ii) Section 36B(c)(2)(B) of such Code is
amended to read as follows:
``(B) Exception for minimum essential coverage.--
The term `coverage month' shall not include any month
with respect to an individual if for such month the
individual is eligible for minimum essential coverage
other than eligibility for coverage described in
subsection (g)(1)(C) (relating to coverage in the
individual market).''.
(iii) Clauses (i)(I) and (ii) of section
36B(c)(2)(C) of such Code are each amended by
striking ``section 5000A(f)(2)'' and inserting
``subsection (g)(2)''.
(iv)(I) Subclause (II) of section
36B(c)(2)(C)(i) of such Code is amended by
striking ``(within the meaning of section
5000A(e)(1)(B))''.
(II) Paragraph (2) of section 36B(c) of
such Code is amended by adding at the end the
following new subparagraph:
``(D) Required contribution.--For purposes of
subparagraph (C)(i)(II), the term `required
contribution' means--
``(i) in the case of an individual eligible
to purchase minimum essential coverage
consisting of coverage through an eligible
employer-sponsored plan, the portion of the
annual premium which would be paid by the
individual (without regard to whether paid
through salary reduction or otherwise) for
self-only coverage, or
``(ii) in the case of an individual
eligible only to purchase minimum essential
coverage described in subsection (g)(1)(C), the
annual premium for the lowest cost bronze plan
available in the individual market through the
Exchange in the State in the rating area in
which the individual resides (without regard to
whether the individual purchased a qualified
health plan through the Exchange), reduced by
the amount of the credit allowable under
subsection (a) for the taxable year (determined
as if the individual was covered by a qualified
health plan offered through the Exchange for
the entire taxable year).''.
(v) Section 162(m)(6)(C)(i) of such Code is
amended by striking ``section 5000A(f)'' and
inserting ``section 36B(g)''.
(vi) Subsections (a)(1) and (b)(1) of
section 4980H of such Code are each amended by
striking ``section 5000A(f)(2)'' and inserting
``section 36B(g)(2)''.
(vii) Section 4980I(f)(1)(B) of such Code
is amended by striking ``section 5000A(f)'' and
inserting ``section 36B(g)''.
(viii) Section 6056(b)(2)(b) of such Code
is amended by striking ``section 5000A(f)(2)''
and inserting ``section 36B(g)(2)''.
(ix) The table of chapters of the Internal
Revenue Code of 1986 is amended by striking the
item relating to chapter 48.
(B) Amendments related to the patient protection
and affordable care act.--
(i) Section 1251(a)(4)(B)(ii) of the
Patient Protection and Affordable Care Act is
amended by striking ``section 500A(f)(2)'' and
inserting ``section 36B(g)(2)''.
(ii) Section 1302(e)(2) of such Act is
amended to read as follows:
``(2) Individuals eligible for enrollment.--An individual
is described in this paragraph for any plan year if the
individual has not attained the age of 30 before the beginning
of the plan year.''.
(iii) Section 1311(d)(4) of such Act is
amended by striking subparagraph (H).
(iv) Section 1312(d)(4) of such Act is
amended by striking ``section 5000A(f)'' and
inserting ``section 36B(g)''.
(v) Section 1363(e)(1)(C) of such Act is
amended--
(I) by striking ``section
5000A(f)'' and inserting ``section
36B(g)'', and
(II) by striking ``or is eligible
for an employer-sponsored plan that is
not affordable coverage (as determined
under section 5000A(e)(2) of such
Code)'' and inserting ``or who is
eligible for an employer-sponsored plan
and whose household income for the
taxable year described in section
1412(b)(1)(B) is less than the amount
of gross income specified in section
6012(a)(1) of the Internal Revenue Code
of 1986 with respect to the taxpayer''.
(vi) Section 1332(a)(2)(D) of such Act is
amended by striking ``36B, 4980H, and 5000A''
and inserting ``36B and 4980H''.
(vii) Section 1401(c)(1)(A)(iii) of such
Act is amended by striking ``section 5000A(f)''
and inserting ``section 36B(g)''.
(viii) Section 1411(a) of such Act is
amended--
(I) by inserting ``and'' at the end
of paragraph (2),
(II) in paragraph (3)--
(aa) by striking ``and
section 5000A(e)(2)'', and
(bb) by striking ``, and''
and inserting a period, and
(III) by striking paragraph (4).
(ix) Section 1411(b)(4)(C) of such Act is
amended by striking ``5000A(e)(1)(B)'' and
inserting ``36B(c)(2)(D)''.
(x) Section 1411(b) of such Act is amended
by striking paragraph (5).
(xi) Section 1411(e)(4)(B) of such Act is
amended by striking clause (iv).
(C) Other conforming amendments.--Section
2715(b)(3)(G)(i) of the Public Health Service Act is
amended by striking ``section 5000A(f)'' and inserting
``section 36B(g)''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2013.
(b) Repeal of Reporting of Health Insurance Coverage.--
(1) In general.--Part III of subchapter A of chapter 61 of
the Internal Revenue Code of 1986 is amended by striking
subpart D.
(2) Conforming amendments.--
(A) Section 6056(d) of the Internal Revenue Code of
1986 is amended to read as follows:
``(d) Coordination With Other Requirements.--To the maximum extent
feasible, the Secretary may provide that any return or statement
required to be provided under this section may be provided as part of
any return or statement required under section 6051.''.
(B) Section 6724(d)(1)(B) of such Code is amended
by inserting ``or'' at the end of clause (xxiii), by
striking clause (xxiv), and by redesignating clause
(xxv) as clause (xxiv).
(C) Section 6724(d)(2) of such Code is amended by
inserting ``or'' at the end of subparagraph (FF), by
striking subparagraph (GG), and by redesignating
subparagraph (HH) as subparagraph (GG).
(D) Subsection (c) of section 1502 of the Patient
Protection and Affordable Care Act is repealed.
(E) The table of subparts for part III of
subchapter A of chapter 61 of the Internal Revenue Code
of 1986 is amended by striking the item relating to
subpart D.
(3) Effective date.--The amendments made by this subsection
shall apply to calendar years beginning after December 31,
2013.
(c) Taxpayer Refund Program.--
(1) In general.--The Secretary of the Treasury shall
implement a program under which taxpayers who have paid a
penalty under section 5000A of the Internal Revenue Code of
1986 for any taxable year receive 1 payment in refund of all
such penalties paid, without regard to whether or not an
amended return is filed. Such payment shall be made not later
than April 15, 2018.
(2) Waiver of statute of limitations.--Solely for purposes
of claiming the refund under paragraph (1), the period
prescribed by section 6511(a) of the Internal Revenue Code of
1986 with respect to any payment of a penalty under section
5000A shall be extended until the date prescribed by law
(including extensions) for filing the return of tax for the
taxable year that includes December 31, 2017. | Repeal and Refund Act This bill amends the Internal Revenue Code to repeal: (1) the requirement that individuals maintain minimum essential health care coverage (commonly referred to as the individual mandate), and (2) the reporting requirements for health insurance coverage. The Department of the Treasury must implement a program to refund all penalties paid by taxpayers for failing to maintain minimum essential health coverage. Treasury must provide taxpayers with one payment to refund all penalties without regard to whether or not an amended tax return is filed. | {"src": "billsum_train", "title": "Repeal and Refund Act"} | 2,928 | 104 | 0.457417 | 1.040409 | 0.248788 | 2.353535 | 25.282828 | 0.89899 |
SECTION 1. TEMPORARY INCREASE OF MEDICAID FMAP.
(a) Permitting Maintenance of Fiscal Year 2007 FMAP for Last 2
Calendar Quarters of Fiscal Year 2008.--Subject to subsection (e), if
the FMAP determined without regard to this section for a State for
fiscal year 2008 is less than the FMAP as so determined for fiscal year
2007, the FMAP for the State for fiscal year 2007 shall be substituted
for the State's FMAP for the third and fourth calendar quarters of
fiscal year 2008, before the application of this section.
(b) Permitting Maintenance of Fiscal Year 2008 FMAP for First 3
Quarters of Fiscal Year 2009.--Subject to subsection (e), if the FMAP
determined without regard to this section for a State for fiscal year
2009 is less than the FMAP as so determined for fiscal year 2008, the
FMAP for the State for fiscal year 2008 shall be substituted for the
State's FMAP for the first, second, and third calendar quarters of
fiscal year 2009, before the application of this section.
(c) General 2.95 Percentage Points Increase for Last 2 Calendar
Quarters of Fiscal Year 2008 and First 3 Calendar Quarters of Fiscal
Year 2009.--Subject to subsections (e), (f), and (g), for each State
for the third and fourth calendar quarters of fiscal year 2008 and for
the first, second, and third calendar quarters of fiscal year 2009, the
FMAP (taking into account the application of subsections (a) and (b))
shall be increased by 2.95 percentage points.
(d) Increase in Cap on Medicaid Payments to Territories.--Subject
to subsections (f) and (g), with respect to the third and fourth
calendar quarters of fiscal year 2008 and the first, second, and third
calendar quarters of fiscal year 2009, the amounts otherwise determined
for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa under subsections (f) and (g) of section
1108 of the Social Security Act (42 U.S.C. 1308) shall each be
increased by an amount equal to 5.90 percent of such amounts.
(e) Scope of Application.--The increases in the FMAP for a State
under this section shall apply only for purposes of title XIX of the
Social Security Act and shall not apply with respect to--
(1) disproportionate share hospital payments described in
section 1923 of such Act (42 U.S.C. 1396r-4);
(2) payments under title IV or XXI of such Act (42 U.S.C.
601 et seq. and 1397aa et seq.); or
(3) any payments under XIX of such Act that are based on
the enhanced FMAP described in section 2105(b) of such Act (42
U.S.C. 1397ee(b)).
(f) State Eligibility.--
(1) In general.--Subject to paragraph (2), a State is
eligible for an increase in its FMAP under subsection (c) or an
increase in a cap amount under subsection (d) only if the
eligibility under its State plan under title XIX of the Social
Security Act (including any waiver under such title or under
section 1115 of such Act (42 U.S.C. 1315)) is no more
restrictive than the eligibility under such plan (or waiver) as
in effect on January 1, 2008.
(2) State reinstatement of eligibility permitted.--A State
that has restricted eligibility under its State plan under
title XIX of the Social Security Act (including any waiver
under such title or under section 1115 of such Act (42 U.S.C.
1315)) after January 1, 2008, is eligible for an increase in
its FMAP under subsection (c) or an increase in a cap amount
under subsection (d) in the first calendar quarter (and
subsequent calendar quarters) in which the State has reinstated
eligibility that is no more restrictive than the eligibility
under such plan (or waiver) as in effect on January 1, 2008.
(3) Rule of construction.--Nothing in paragraph (1) or (2)
shall be construed as affecting a State's flexibility with
respect to benefits offered under the State medicaid program
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) (including any waiver under such title or under section
1115 of such Act (42 U.S.C. 1315)).
(g) Requirement for Certain States.--In the case of a State that
requires political subdivisions within the State to contribute toward
the non-Federal share of expenditures under the State medicaid plan
required under section 1902(a)(2) of the Social Security Act (42 U.S.C.
1396a(a)(2)), the State shall not require that such political
subdivisions pay a greater percentage of the non-Federal share of such
expenditures for the third and fourth calendar quarters of fiscal year
2008 and the first, second, and third calendar quarters of fiscal year
2009, than the percentage that would have been required by the State
under such plan on March 31, 2008, prior to application of this
section.
(h) Definitions.--In this section:
(1) FMAP.--The term ``FMAP'' means the Federal medical
assistance percentage, as defined in section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)).
(2) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(3) Repeal.--Effective as of October 1, 2009, this section
is repealed. | Provides that, if the federal medical assistance percentage (FMAP) determined under title XIX (Medicaid) of the Social Security Act without regard to this Act for a state for FY2008 is less than the FMAP as so determined for FY2007, the FY2007 FMAP shall be substituted for the FMAP for the third and fourth calendar quarters of FY2008, before the application of this Act.
Provides that, if the FMAP determined without regard to this Act for a state for FY2009 is less than the FMAP as so determined for FY2008, the FY2008 FMAP shall be substituted for the FMAP for the first, second, and third calendar quarters of FY2009, before the application of this Act.
Provides that, for each eligible state for the third and fourth calendar quarters of FY2008, and for the first, second, and third calendar quarters of FY2009, the FMAP shall be increased by 2.95 percentage points.
Provides for an increase in the cap on Medicaid payments to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. | {"src": "billsum_train", "title": "A bill to provide for a temporary increase of the Federal medical assistance percentage under the Medicaid program, and for other purposes."} | 1,278 | 241 | 0.732596 | 2.178071 | 0.762738 | 5.761194 | 5.487562 | 0.915423 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Access to Care Act of
2014''.
SEC. 2. PROVISION OF HOSPITAL CARE AND MEDICAL SERVICES AT NON-
DEPARTMENT OF VETERANS AFFAIRS FACILITIES FOR DEPARTMENT
OF VETERANS AFFAIRS PATIENTS WITH EXTENDED WAITING TIMES
FOR APPOINTMENTS AT DEPARTMENT FACILITIES.
(a) In General.--As authorized by section 1710 of title 38, United
States Code, the Secretary of Veterans Affairs (in this Act referred to
as the ``Secretary'') shall enter into contracts with such non-
Department facilities as may be necessary in order to furnish hospital
care and medical services to covered veterans who are eligible for such
care and services under chapter 17 of title 38, United States Code. To
the greatest extent possible, the Secretary shall carry out this
section using contracts entered into before the date of the enactment
of this Act.
(b) Covered Veterans.--For purposes of this section, the term
``covered veteran'' means a veteran--
(1) who is enrolled in the patient enrollment system under
section 1705 of title 38, United States Code;
(2) who--
(A) has waited longer than the wait-time goals of
the Veterans Health Administration (as of June 1, 2014)
for an appointment for hospital care or medical
services in a facility of the Department;
(B) has been notified by a facility of the
Department that an appointment for hospital care or
medical services is not available within such wait-time
goals; or
(C) resides more than 40 miles from the medical
facility of the Department of Veterans Affairs,
including a community-based outpatient clinic, that is
closest to the residence of the veteran; and
(3) who makes an election to receive such care or services
in a non-Department facility.
(c) Follow-Up Care.--In carrying out this section, the Secretary
shall ensure that, at the election of a covered veteran who receives
hospital care or medical services at a non-Department facility in an
episode of care under this section, the veteran receives such hospital
care and medical services at such non-Department facility through the
completion of the episode of care (but for a period not exceeding 60
days), including all specialty and ancillary services deemed necessary
as part of the treatment recommended in the course of such hospital
care or medical services.
(d) Report.--The Secretary shall submit to Congress a quarterly
report on hospital care and medical services furnished pursuant to this
section. Such report shall include information, for the quarter covered
by the report, regarding--
(1) the number of veterans who received care or services at
non-Department facilities pursuant to this section;
(2) the number of veterans who were eligible to receive
care or services pursuant to this section but who elected to
continue waiting for an appointment at a Department facility;
(3) the purchase methods used to provide the care and
services at non-Department facilities, including the rate of
payment for individual authorizations for such care and
services; and
(4) any other matters the Secretary determines appropriate.
(e) Definitions.--For purposes of this section, the terms
``facilities of the Department'', ``non-Department facilities'',
``hospital care'', and ``medical services'' have the meanings given
such terms in section 1701 of title 38, United States Code.
(f) Implementation.--The Secretary shall begin implementing this
section on the date of the enactment of this Act.
(g) Construction.--Nothing in this section shall be construed to
authorize payment for care or services not otherwise covered under
chapter 17 of title 38, United States Code.
(h) Termination.--The authority of the Secretary under this section
shall terminate with respect to any hospital care or medical services
furnished after the end of the 2-year period beginning on the date of
the enactment of this Act, except that in the case of an episode of
care for which hospital care or medical services is furnished in a non-
Department facility pursuant to this section before the end of such
period, such termination shall not apply to such care and services
furnished during the remainder of such episode of care but not to
exceed a period of 60 days.
SEC. 3. EXPANDED ACCESS TO HOSPITAL CARE AND MEDICAL SERVICES.
(a) In General.--To the extent that appropriations are available
for the Veterans Health Administration of the Department of Veterans
Affairs for medical services, to the extent that the Secretary of
Veterans Affairs is unable to provide access, within the wait-time
goals of the Veterans Health Administration (as of June 1, 2014), to
hospital care or medical services to a covered veteran who is eligible
for such care or services under chapter 17 of title 38, United States
Code, under contracts described in section 2, the Secretary shall
reimburse any non-Department facility with which the Secretary has not
entered into a contract to furnish hospital care or medical services
for furnishing such hospital care or medical services to such veteran,
if the veteran elects to receive such care or services from the non-
Department facility. The Secretary shall reimburse the facility for the
care or services furnished to the veteran at the greatest of the
following rates:
(1) VA payment rate.--The rate of reimbursement for such
care or services established by the Secretary of Veterans
Affairs.
(2) Medicare payment rate.--The payment rate for such care
or services or comparable care or services under the Medicare
program under title XVIII of the Social Security Act.
(3) TRICARE payment rate.--The reimbursement rate for such
care or services furnished to a member of the Armed Forces
under chapter 55 of title 10, United States Code.
(b) Covered Veterans.--For purposes of this section, the term
``covered veteran'' means a veteran--
(1) who is enrolled in the patient enrollment system under
section 1705 of title 38, United States Code; and
(2) who--
(A) has waited longer than the wait-time goals of
the Veterans Health Administration (as of June 1, 2014)
for an appointment for hospital care or medical
services in a facility of the Department;
(B) has been notified by a facility of the
Department that an appointment for hospital care or
medical services is not available within such wait-time
goals after the date for which the veteran requests the
appointment; or
(C) who resides more than 40 miles from the medical
facility of the Department of Veterans Affairs,
including a community-based outpatient clinic, that is
closest to the residence of the veteran.
(c) Definitions.--For purposes of this section, the terms
``facilities of the Department'', ``non-Department facilities'',
``hospital care'', and ``medical services'' have the meanings given
such terms in section 1701 of title 38, United States Code.
(d) Implementation.--The Secretary shall begin implementing this
section on the date of the enactment of this Act.
(e) Construction.--Nothing in this section shall be construed to
authorize payment for care or services not otherwise covered under
chapter 17 of title 38, United States Code.
(f) Termination.--The authority of the Secretary under this section
shall terminate with respect to care or services furnished after the
date that is 2 years after the date of the enactment of this Act.
SEC. 4. INDEPENDENT ASSESSMENT OF VETERANS HEALTH ADMINISTRATION
PERFORMANCE.
(a) Independent Assessment Required.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall enter into a contract or contracts with a private sector
entity or entities with experience in the delivery systems of the
Veterans Health Administration and the private sector and in health
care management to conduct an independent assessment of hospital care
and medical services furnished in medical facilities of the Department
of Veterans Affairs. Such assessment shall address each of the
following:
(1) The current and projected demographics and unique care
needs of the patient population served by the Department of
Veterans Affairs.
(2) The current and projected health care capabilities and
resources of the Department, including hospital care and
medical services furnished by non-Department facilities under
contract with the Department, to provide timely and accessible
care to eligible veterans.
(3) The authorities and mechanisms under which the
Secretary may furnish hospital care and medical services at
non-Department facilities, including an assessment of whether
the Secretary should have the authority to furnish such care
and services at such facilities through the completion of
episodes of care.
(4) The appropriate system-wide access standard applicable
to hospital care and medical services furnished by and through
the Department of Veterans Affairs and recommendations relating
to access standards specific to individual specialties and
standards for post-care rehabilitation.
(5) The current organization, processes, and tools used to
support clinical staffing and documentation.
(6) The staffing levels and productivity standards,
including a comparison with industry performance percentiles.
(7) Information technology strategies of the Veterans
Health Administration, including an identification of
technology weaknesses and opportunities, especially as they
apply to clinical documentation of hospital care and medical
services provided in non-Department facilities.
(8) Business processes of the Veterans Health
Administration, including non-Department care, insurance
identification, third-party revenue collection, and vendor
reimbursement.
(b) Assessment Outcomes.--The assessment conducted pursuant to
subsection (a) shall include the following:
(1) An identification of improvement areas outlined both
qualitatively and quantitatively, taking into consideration
Department of Veterans Affairs directives and industry
benchmarks from outside the Federal Government.
(2) Recommendations for how to address the improvement
areas identified under paragraph (1) relating to structure,
accountability, process changes, technology, and other relevant
drivers of performance.
(3) The business case associated with making the
improvements and recommendations identified in paragraphs (1)
and (2).
(4) Findings and supporting analysis on how credible
conclusions were established.
(c) Program Integrator.--If the Secretary enters into contracts
with more than one private sector entity under subsection (a), the
Secretary shall designate one such entity as the program integrator.
The program integrator shall be responsible for coordinating the
outcomes of the assessments conducted by the private entities pursuant
to such contracts.
(d) Submittal of Reports to Congress.--
(1) Report on independent assessment.--Not later than 10
months after entering into the contract under subsection (a),
the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives the findings
and recommendations of the independent assessment required by
such subsection.
(2) Report on va action plan to implement recommendations
in assessment.--Not later than 120 days after the date of
submission of the report under paragraph (1), the Secretary
shall submit to such Committees on the Secretary's response to
the findings of the assessment and shall include an action
plan, including a timeline, for fully implementing the
recommendations of the assessment.
SEC. 5. LIMITATION ON AWARDS AND BONUSES TO EMPLOYEES OF DEPARTMENT OF
VETERANS AFFAIRS.
For each of fiscal years 2014 through 2016, the Secretary of
Veterans Affairs may not pay awards or bonuses under chapter 45 or 53
of title 5, United States Code, or any other awards or bonuses
authorized under such title.
SEC. 6. OMB ESTIMATE OF BUDGETARY EFFECTS AND NEEDED TRANSFER
AUTHORITY.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Office of Management and Budget shall transmit to
the Committees on Appropriations, the Budget, and Veterans' Affairs of
the House of Representatives and of the Senate--
(1) an estimate of the budgetary effects of sections 2 and
3;
(2) any transfer authority needed to utilize the savings
from section 5 to satisfy such budgetary effects; and
(3) if necessary, a request for any additional budgetary
resources, or transfers or reprogramming of existing budgetary
resources, necessary to provide funding for sections 2 and 3.
Passed the House of Representatives June 10, 2014.
Attest:
KAREN L. HAAS,
Clerk. | . Veteran Access to Care Act of 2014 - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) to enter into contracts with such non-VA facilities as may be necessary to furnish hospital care and medical services to veterans who: have waited longer than the wait-time goals of the Veterans Health Administration (VHA) (as of June 1, 2014) for an appointment for hospital care or medical services in a VA facility; have been notified by a VA facility that an appointment for hospital care or medical services is not available within such wait-time goals; or reside more than 40 miles from the VA medical facility, including a community-based outpatient clinic, that is closest to their residence. Allows eligible veterans who opt for hospital care or medical services in a non-VA facility to receive such care or services through the completion of the episode of care, but for no longer than 60 days. Directs the Secretary to submit a quarterly report to Congress on the provision of such hospital care and medical services through contracts with non-VA facilities. Terminates the Secretary's authority to contract with non-VA facilities for the provision of such care and services two years after this Act's enactment. (Sec. 3) Directs the Secretary, to the extent that appropriations are available to the VHA for medical services, to reimburse non-VA facilities with which the VA does not have such a contract for providing hospital care and medical services to such veterans, if such care and services cannot be provided within the VHA's wait-time goals in a facility with which the VA has a contract. Sets the reimbursement rate for such care or services at the greatest of the VA, Medicare, or TRICARE (a Department of Defense [DOD] managed care program) payment rate for such care or services. Terminates the Secretary's authority to reimburse non-VA facilities for the provision of such care and services two years after this Act's enactment. (Sec. 4) Directs the Secretary, within 120 days of this Act's enactment, to enter into a contract or contracts with a private entity or entities with experience in VHA and private delivery systems and in health care management to conduct an independent assessment of the hospital care and medical services furnished in VA facilities. Lists the factors that must be addressed in assessing veterans access to, and the quality of, hospital care and medical services in VA facilities. Directs the Secretary to submit reports to the congressional veterans committees regarding: (1) the findings and recommendations of the independent assessment; and (2) the Secretary's response to those findings, including an action plan for fully implementing such recommendations. (Sec. 5) Prohibits the Secretary from paying awards and bonuses to VA employees for FY2014-FY2016. (Sec. 6) Requires the Director of the Office of Management and Budget (OMB), within 30 days of this Act's enactment, to transmit to Congress: an estimate of the budgetary effects of this Act's coverage of hospital care and medical services for veterans in non-VA facilities; any transfer authority needed to utilize the savings from denying VA awards and bonuses to satisfy such budgetary effects; and a request, if necessary, for additional funding, or the transfer or reprogramming of existing funding, for this Act's coverage of the hospital care and medical services provided to veterans in non-VA facilities. | {"src": "billsum_train", "title": "Veteran Access to Care Act of 2014"} | 2,662 | 738 | 0.745742 | 2.221598 | 0.784862 | 3.387632 | 3.782805 | 0.923077 |
SECTION 1. REPEAL OF OCCUPATIONAL TAXES RELATING TO DISTILLED SPIRITS,
WINE, AND BEER.
(a) Repeal of Occupational Taxes.--
(1) In general.--The following provisions of part II of
subchapter A of chapter 51 of the Internal Revenue Code of 1986
(relating to occupational taxes) are hereby repealed:
(A) Subpart A (relating to proprietors of distilled
spirits plants, bonded wine cellars, etc.).
(B) Subpart B (relating to brewer).
(C) Subpart D (relating to wholesale dealers)
(other than sections 5114 and 5116).
(D) Subpart E (relating to retail dealers) (other
than section 5124).
(E) Subpart G (relating to general provisions)
(other than sections 5142, 5143, 5145, and 5146).
(2) Nonbeverage domestic drawback.--Section 5131 of such
Code is amended by striking ``, on payment of a special tax per
annum,''.
(3) Industrial use of distilled spirits.--Section 5276 of
such Code is hereby repealed.
(b) Conforming Amendments.--
(1)(A) The heading for part II of subchapter A of chapter
51 of the Internal Revenue Code of 1986 and the table of
subparts for such part are amended to read as follows:
``PART II--MISCELLANEOUS PROVISIONS
``Subpart A. Manufacturers of stills.
``Subpart B. Nonbeverage domestic
drawback claimants.
``Subpart C. Recordkeeping and
registration by dealers.
``Subpart D. Other provisions.''.
(B) The table of parts for such subchapter A is amended by
striking the item relating to part II and inserting the
following new item:
``Part II. Miscellaneous provisions.''.
(2) Subpart C of part II of such subchapter (relating to
manufacturers of stills) is redesignated as subpart A.
(3)(A) Subpart F of such part II (relating to nonbeverage
domestic drawback claimants) is redesignated as subpart B and
sections 5131 through 5134 are redesignated as sections 5111
through 5114, respectively.
(B) The table of sections for such subpart B, as so
redesignated, is amended--
(i) by redesignating the items relating to sections
5131 through 5134 as relating to sections 5111 through
5114, respectively, and
(ii) by striking ``and rate of tax'' in the item
relating to section 5111, as so redesignated.
(C) Section 5111 of such Code, as redesignated by
subparagraph (A), is amended--
(i) by striking ``and rate of tax'' in the section
heading,
(ii) by striking the subsection heading for
subsection (a), and
(iii) by striking subsection (b).
(4) Part II of subchapter A of chapter 51 of such Code is
amended by adding after subpart B, as redesignated by paragraph
(3), the following new subpart:
``Subpart C--Recordkeeping by Dealers
``Sec. 5121. Recordkeeping by wholesale
dealers.
``Sec. 5122. Recordkeeping by retail
dealers.
``Sec. 5123. Preservation and inspection
of records, and entry of
premises for inspection.''.
(5)(A) Section 5114 of such Code (relating to records) is
moved to subpart C of such part II and inserted after the table
of sections for such subpart.
(B) Section 5114 of such Code is amended--
(i) by striking the section heading and inserting
the following new heading:
``SEC. 5121. RECORDKEEPING BY WHOLESALE DEALERS.'',
and
(ii) by redesignating subsection (c) as subsection (d) and
by inserting after subsection (b) the following new subsection:
``(c) Wholesale Dealers.--For purposes of this part--
``(1) Wholesale dealer in liquors.--The term `wholesale
dealer in liquors' means any dealer (other than a wholesale
dealer in beer) who sells, or offers for sale, distilled
spirits, wines, or beer, to another dealer.
``(2) Wholesale dealer in beer.--The term `wholesale dealer
in beer' means any dealer who sells, or offers for sale, beer,
but not distilled spirits or wines, to another dealer.
``(3) Dealer.--The term `dealer' means any person who
sells, or offers for sale, any distilled spirits, wines, or
beer.
``(4) Presumption in case of sale of 20 wine gallons or
more.--The sale, or offer for sale, of distilled spirits,
wines, or beer, in quantities of 20 wine gallons or more to the
same person at the same time, shall be presumptive evidence
that the person making such sale, or offer for sale, is engaged
in or carrying on the business of a wholesale dealer in liquors
or a wholesale dealer in beer, as the case may be. Such
presumption may be overcome by evidence satisfactorily showing
that such sale, or offer for sale, was made to a person other
than a dealer.''.
(C) Paragraph (3) of section 5121(d) of such Code, as so
redesignated, is amended by striking ``section 5146'' and
inserting ``section 5123''.
(6)(A) Section 5124 of such Code (relating to records) is
moved to subpart C of part II of subchapter A of chapter 51 of
such Code and inserted after section 5121.
(B) Section 5124 of such Code is amended--
(i) by striking the section heading and inserting
the following new heading:
``SEC. 5122. RECORDKEEPING BY RETAIL DEALERS.'',
(ii) by striking ``section 5146'' in subsection (c)
and inserting ``section 5123'', and
(iii) by redesignating subsection (c) as subsection
(d) and inserting after subsection (b) the following
new subsection:
``(c) Retail Dealers.--For purposes of this section--
``(1) Retail dealer in liquors.--The term `retail dealer in
liquors' means any dealer (other than a retail dealer in beer
or a limited retail dealer) who sells, or offers for sale,
distilled spirits, wines, or beer, to any person other than a
dealer.
``(2) Retail dealer in beer.--The term `retail dealer in
beer' means any dealer (other than a limited retail dealer) who
sells, or offers for sale, beer, but not distilled spirits or
wines, to any person other than a dealer.
``(3) Limited retail dealer.--The term `limited retail
dealer' means any fraternal, civic, church, labor, charitable,
benevolent, or ex-servicemen's organization making sales of
distilled spirits, wine or beer on the occasion of any kind of
entertainment, dance, picnic, bazaar, or festival held by it,
or any person making sales of distilled spirits, wine or beer
to the members, guests, or patrons of bona fide fairs,
reunions, picnics, carnivals, or other similar outings, if such
organization or person is not otherwise engaged in business as
a dealer.
``(4) Dealer.--The term `dealer' has the meaning given such
term by section 5121(c)(3).''.
(7) Section 5146 of such Code is moved to subpart C of part
II of subchapter A of chapter 51 of such Code, inserted after
section 5122, and redesignated as section 5123.
(8) Subpart C of part II of subchapter A of chapter 51 of
such Code, as amended by paragraph (7), is amended by adding at
the end the following new section:
``SEC. 5124. REGISTRATION BY DEALERS.
``Every dealer who is subject to the recordkeeping requirements
under section 5121 or 5122 shall register with the Secretary such
dealer's name or style, place of residence, trade or business, and the
place where such trade or business is to be carried on. In case of a
firm or company, the names of the several persons constituting the
same, and the places of residence, shall be so registered.''.
(9) Section 7012 of such Code is amended by redesignating
paragraphs (4) and (5) as paragraphs (5) and (6), respectively,
and by inserting after paragraph (3) the following new
paragraph:
``(4) For provisions relating to registration by dealers in
distilled spirits, wines, and beer, see section 5124.''.
(10) Part II of subchapter A of chapter 51 of such Code is
amended by inserting after subpart C the following new subpart:
``Subpart D--Other Provisions
``Sec. 5131. Packaging distilled spirits
for industrial uses.
``Sec. 5132. Prohibited purchases by
dealers.''.
(11) Section 5116 of such Code is moved to subpart D of
part II of subchapter A of chapter 51 of such Code, inserted
after the table of sections, redesignated as section 5131, and
amended by inserting ``(as defined in section 5121(c))'' after
``dealer'' in subsection (a).
(12) Subpart D of part II of subchapter A of chapter 51 of
such Code is amended by adding at the end the following new
section:
``SEC. 5132. PROHIBITED PURCHASES BY DEALERS.
``(a) In General.--Except as provided in regulations prescribed by
the Secretary, it shall be unlawful for a dealer to purchase distilled
spirits for resale from any person other than a wholesale dealer in
liquors who is required to keep the records prescribed by section 5121.
``(b) Limited Retail Dealers.--A limited retail dealer may lawfully
purchase distilled spirits for resale from a retail dealer in liquors.
``(c) Penalty and Forfeiture.--
``For penalty and forfeiture provisions applicable to
violations of subsection (a), see sections
5687 and 7302.''.
(13) Subsection (b) of section 5002 of such Code is
amended--
(A) by striking ``section 5112(a)'' and inserting
``section 5121(c)(3)'',
(B) by striking ``section 5112'' and inserting
``section 5121(c)'',
(C) by striking ``section 5122'' and inserting
``section 5122(c)''.
(14) Subparagraph (A) of section 5010(c)(2) of such Code is
amended by striking ``section 5134'' and inserting ``section
5114''.
(15) Subsection (d) of section 5052 of such Code is amended
to read as follows:
``(d) Brewer.--For purposes of this chapter, the term `brewer'
means any person who brews beer or produces beer for sale. Such term
shall not include any person who produces only beer exempt from tax
under section 5053(e).''.
(16) The text of section 5182 of such Code is amended to
read as follows:
``For provisions requiring recordkeeping by wholesale liquor
dealers, see section 5112, and by retail
liquor dealers, see section 5122.''.
(17) Subsection (b) of section 5402 of such Code is amended
by striking ``section 5092'' and inserting ``section 5052(d)''.
(18) Section 5671 of such Code is amended by striking ``or
5091''.
(19)(A) Part V of subchapter J of chapter 51 of such Code
is hereby repealed.
(B) The table of parts for such subchapter J is amended by
striking the item relating to part V.
(20)(A) Sections 5142, 5143, and 5145 of such Code are
moved to subchapter D of chapter 52 of such Code, inserted
after section 5731, redesignated as sections 5732, 5733, and
5734, respectively, and amended by striking ``this part'' each
place it appears and inserting ``this subchapter''.
(B) Section 5732 of such Code, as redesignated by
subparagraph (A), is amended by striking ``(except the tax
imposed by section 5131)'' each place it appears.
(C) Paragraph (2) of section 5733(c) of such Code, as
redesignated by subparagraph (A), is amended by striking
``liquors'' both places it appears and inserting ``tobacco
products and cigarette papers and tubes''.
(D) The table of sections for subchapter D of chapter 52 of
such Code is amended by adding at the end the following:
``Sec. 5732. Payment of tax.
``Sec. 5733. Provisions relating to
liability for occupational
taxes.
``Sec. 5734. Application of State
laws.''.
(E) Section 5731 of such Code is amended by striking
subsection (c) and by redesignating subsection (d) as
subsection (c).
(21) Subsection (c) of section 6071 of such Code is amended
by striking ``section 5142'' and inserting ``section 5732''.
(22) Paragraph (1) of section 7652(g) of such Code is
amended--
(A) by striking ``subpart F'' and inserting
``subpart B'', and
(B) by striking ``section 5131(a)'' and inserting
``section 5111''.
(c) Effective Date.--The amendments made by this section shall take
effect on July 1, 2005, but shall not apply to taxes imposed for
periods before such date. | Amends the Internal Revenue Code to repeal specified occupational taxes relating to distilled spirits, wine, and beer. Revises recordkeeping requirements for wholesale and retail liquor dealers. Requires liquor dealers who are subject to recordkeeping requirements to register with the Secretary of the Treasury. Makes it unlawful for any liquor dealer to purchase distilled spirits for resale from any person other than a wholesale dealer in liquor subject to recordkeeping requirements. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to repeal the occupational taxes relating to distilled spirits, wine, and beer."} | 3,183 | 96 | 0.548985 | 1.273691 | 0.526881 | 4.184211 | 36.486842 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clinical Research Enhancement Act of
1996''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Clinical research is critical to the advancement of
scientific knowledge and to the development of cures and
improved treatment for disease.
(2) Tremendous advances in biology are opening doors to new
insights into human physiology, pathophysiology and disease,
creating extraordinary opportunities for clinical research.
(3) The United States spent more than $1 trillion on health
care in 1994, but the Federal budget for health research at the
National Institutes of Health was $10 billion, only 1 percent
of that total.
(4) Studies at the Institute of Medicine, the National
Research Council, and the National Academy of Sciences have all
addressed the current problems in clinical research.
(5) The Director of the National Institutes of Health has
recognized the current problems in clinical research and has
through the use of an advisory committee begun to evaluate
these problems.
(6) The current level of training and support for health
professionals in clinical research is fragmented, frequently
undervalued, and potentially underfunded.
(7) Young investigators are not only apprentices for future
positions but a crucial source of energy, enthusiasm, and ideas
in the day-to-day research that constitutes the scientific
enterprise. Serious questions about the future of life-science
research are raised by the following:
(A) The number of young investigators applying for
grants dropped by 54 percent between 1985 and 1993.
(B) The number of federally funded research (R01)
grants awarded to persons under the age of 36 have
decreased by 70 percent from 1985 to 1993.
(C) Newly independent life-scientists are expected
to raise funds to support their new research programs
and a substantial proportion of their own salaries.
(8) The following have been cited as reasons for the
decline in the number of active clinical researchers, and those
choosing this career path:
(A) A medical school graduate incurs an average
debt of $63,000, as reported in the Medical School
Graduation Questionnaire by the American Association of
Medical Colleges (AAMC).
(B) The prolonged period of clinical training
required increases the accumulated debt burden.
(C) The decreasing number of mentors and role
models.
(D) The perceived instability of funding from the
National Institutes of Health and other Federal
agencies.
(E) The almost complete absence of clinical
research training in the curriculum of training grant
awardees.
(F) Academic Medical Centers are experiencing
difficulties in maintaining a proper environment for
research in a highly competitive health care
marketplace, which are compounded by the decreased
willingness of third party payers to cover health care
costs for patients engaged in research studies and
research procedures.
(9) In 1960, general clinical research centers were
established under the Office of the Director of the National
Institutes of Health with an initial appropriation of
$3,000,000.
(10) Appropriations for general clinical research centers
in fiscal year 1995 equal $136,640,000.
(11) In fiscal year 1995, there are 75 general clinical
research centers in operation, supplying patients in the areas
in which such centers operate with access to the most modern
clinical research and clinical research facilities and
technologies.
(12) The average annual amount allocated for each general
clinical research center is $1,000,000, establishing a current
funding level of 75 percent of the amounts approved by the
Advisory Council of the National Center for Research Resources.
(b) Purpose.--It is the purpose of this Act to provide additional
support for and to expand clinical research programs.
SEC. 3. PRESIDENT'S CLINICAL RESEARCH PANEL.
Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by adding at the end thereof the following new
section:
``SEC. 498C. PRESIDENT'S CLINICAL RESEARCH PANEL.
``(a) Establishment.--The President shall establish a panel to be
known as the `President's Clinical Research Panel' (hereafter referred
to in this section as the `Panel') as a part of the Office of Science
and Technology Policy, to carry out the duties described in this
section.
``(b) Membership.--
``(1) In general.--The Panel shall be composed of 12
individuals appointed by the President and selected from
recommendations submitted by the President of the Institute of
Medicine of the National Academy of Sciences.
``(2) Qualifications.--Individuals appointed to the panel
under paragraph (1) shall, by virtue of their training,
experience and background, be exceptionally qualified to
appraise the status of clinical research both within and
outside of the Federal Government, and should represent
distinguished research scientists and physicians, insurance
companies, pharmaceutical companies, health maintenance
organizations, accreditation and certification organizations
and academic research administrators, and patients.
``(3) Exclusion and advisors.--Officers or employees of the
Federal Government shall not be eligible to be appointed to the
Panel. The Secretary of Health and Human Services, the
Secretary of Defense, the Secretary of Veterans Affairs, the
Assistant to the President for Science and Technology, and
other Cabinet officers as the President determines to be
appropriate may serve as advisors to the Panel.
``(c) Terms and Vacancies.--
``(1) Terms.--Members of the Panel shall be appointed for
3-year terms, except that--
``(A) any member appointed to fill a vacancy
occurring on the Panel prior to the expiration of the
term for which the member's predecessor was appointed,
shall be appointed for the remainder of such term; and
``(B) a member may serve until the member's
successor has taken office.
``(2) Vacancies.--If a vacancy on the Panel occurs, the
President shall make an appointment to fill the vacancy not
later than 90 days after the date on which the vacancy
occurred.
``(3) Reappointments.--A member of the Panel may be
reappointed but may not serve more than 2 consecutive terms.
``(d) Date of Appointment.--The initial members of the Panel shall
be appointed not later than 120 days after the date of enactment of
this section.
``(e) Chairperson and Vice Chairperson.--The President shall
designate one of the members of the Panel to serve as the chairperson
of the Panel and one member to serve as the vice chairperson of the
Panel, each to serve for a term of 1 year.
``(f) Meetings.--The Panel shall meet at the call of the
chairperson, but in no event less than 4 times each year. A transcript
shall be kept of the proceedings of each such meeting of the Panel, and
the chairperson shall make such transcripts available to the public.
Not later than 30 days after the date on which all members of the Panel
have been appointed, the Panel shall hold its first meeting.
``(g) Duties.--The Panel shall evaluate the status of the clinical
research environment throughout the United States, and prepare and
submit periodic progress reports to the President. The Panel shall
submit to the President, the Secretary of Health and Human Services,
the Secretary of Defense, the Secretary of Veterans Affairs, and the
Congress an annual evaluation of the clinical research environment in
the United States and recommendations for improvements and shall submit
such other reports as the President shall direct.
``(h) Personnel Matters.--
``(1) Compensation.--Each member of the Panel shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Panel.
``(2) Travel Expenses.--The members of the Panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Panel.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to enable the Panel to carry
out this section.''.
SEC. 4. ADVISORY COMMITTEE TO THE DIRECTOR ON CLINICAL RESEARCH.
Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.), as amended by section 3, is further amended by adding at the
end thereof the following new section:
``SEC. 498D. ADVISORY COMMITTEE TO THE DIRECTOR ON CLINICAL RESEARCH.
``(a) In General.--The advisory committee established by the
Director of the National Institutes of Health and known as the Advisory
Committee to the Director on Clinical Research (hereafter referred to
in this section as the `Advisory Committee') shall report to such
Director and to the President's Clinical Research Panel established
under section 498C and shall implement recommendations as determined
necessary by the Advisory Committee to remedy deficiencies in clinical
research within the National Institutes of Health.
``(b) Termination.--The Advisory Committee shall terminate on the
date that occurs 5 years after the date of enactment of this Act.''.
SEC. 5. STUDY SECTION REVIEW.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end thereof the following new
section:
``SEC. 409B. STUDY SECTION REVIEW.
``(a) In General.--The President's Clinical Research Panel shall
direct the Office of Science and Technology Policy to conduct a review
of the compositions, functions, and outcomes of study section
activities at all Federal agencies which conduct or fund such
activities as such activities relate to clinical research proposals for
investigator-initiated support.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 6. INCREASE THE INVOLVEMENT OF THE NATIONAL INSTITUTES OF HEALTH
IN CLINICAL RESEARCH.
Section 402 of the Public Health Service Act (42 U.S.C. 282) is
amended by adding at the end thereof the following new subsection:
``(l)(1) The Director of NIH shall undertake activities to support
and expand the involvement of the National Institutes of Health in
clinical research.
``(2) In carrying out paragraph (1), the Director of NIH shall--
``(A) increase the number of FIRST grants (R29) for young
clinical investigators;
``(B) design test pilot projects and implement the
recommendations of the Division of Research Grants Clinical
Research Study Group; and
``(C) establish an intramural clinical research fellowship
program (similar to the program established under section
738(b)) and a continuing education clinical research training
program at NIH.
``(3) The Director of NIH, in cooperation with the Director of the
National Institutes of Health and the Directors of the Institutes,
Centers, and Divisions of the National Institutes of Health, shall
support and expand the resources available for the diverse needs of the
clinical research community, including inpatient, outpatient, and
critical care clinical research.
``(4) The Director of NIH, in cooperation with the Director of the
National Center for Research Resources, shall establish peer review
mechanisms to evaluate applications for intramural clinical research
fellowships, clinical research career enhancement awards, and
innovative medical science award programs. Such review mechanisms shall
include individuals who are exceptionally qualified to appraise the
merits of potential clinical research trainees.''.
SEC. 7. GENERAL CLINICAL RESEARCH CENTERS.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) as amended by section 5, is further amended by adding at the
end thereof the following new sections:
``SEC. 409C. GENERAL CLINICAL RESEARCH CENTERS.
``(a) Grants.--The Director of the National Center for Research
Resources shall award grants for the establishment of general clinical
research centers to provide the infrastructure for clinical research
including clinical research training and career enhancement. Such
centers shall support clinical studies and career development in all
settings of the hospital or academic medical center involved.
``(b) Activities.--In carrying out subsection (b), the Director of
NIH shall expand the activities of the general clinical research
centers through the increased use of telecommunications and
telemedicine initiatives.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to make grants under subsection (a), $200,000,000 for
fiscal year 1997, and such sums as may be necessary for each subsequent
fiscal year.
``SEC. 409D. ENHANCEMENT AWARDS.
``(a) Clinical Research Career Enhancement Award.--
``(1) In general.--The Director of the National Center for
Research Resources shall make grants (to be referred to as
`clinical research career enhancement awards') to support
individual careers in clinical research.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director may require.
``(3) Limitations.--The amount of a grant under this
subsection shall not exceed $130,000 per year per grant. Grants
shall be for terms of 5 years. The Director shall award not
more than 20 grants in the first fiscal year, and not more than
40 grants in the second fiscal year, in which grants are
awarded under this subsection.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to make grants under paragraph
(1), $3,000,000 for fiscal year 1997, and such sums as may be
necessary for each subsequent fiscal year.
``(b) Innovative Medical Science Award.--
``(1) In general.--The Director of the National Center for
Research Resources shall make grants (to be referred to as
`innovative medical science awards') to support individual
clinical research projects.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director requires.
``(3) Limitations.--The amount of a grant under this
subsection shall not exceed $100,000 per year per grant.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to make grants under paragraph
(1), $30,000,000 for fiscal year 1997, and such sums as may be
necessary for each subsequent fiscal year.''.
SEC. 8. CLINICAL RESEARCH ASSISTANCE.
(a) National Research Service Awards.--Section 487(a)(1)(C) of the
Public Health Service Act (42 U.S.C. 288(a)(1)(C)) is amended by
striking ``50 such'' and inserting ``100 such''.
(b) Loan Repayment Program.--Section 487E of the Public Health
Service Act (42 U.S.C. 288-5) is amended--
(1) in the section heading, by striking ``from
disadvantaged backgrounds'';
(2) in subsection (a)(1), by striking ``who are from
disadvantaged backgrounds'';
(3) in subsection (b)--
(A) by striking ``Amounts'' and inserting the
following:
``(1) In general.--Amounts''; and
(B) by adding at the end thereof the following new
paragraph:
``(2) Disadvantaged backgrounds set-aside.--In carrying out
this section, the Secretary shall ensure that not less than 50
percent of the amounts appropriated for a fiscal year are used
for contracts involving those appropriately qualified health
professionals who are from disadvantaged backgrounds.''; and
(4) by adding at the end thereof the following new
subsections:
``(c) Definition.--As used in subsection (a)(1), the term `clinical
research training position' means an individual serving in a general
clinical research center, or a physician receiving a clinical research
career enhancement award or NIH intramural research fellowship.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each fiscal year.''.
SEC. 9. DEFINITION.
Section 409 of the Public Health Service Act (42 U.S.C. 284d) is
amended--
(1) by striking ``For purposes'' and inserting ``(a) Health
Service Research.--For purposes''; and
(2) by adding at the end thereof the following new
subsection:
``(b) Clinical Research.--As used in this title, the term `clinical
research' means patient oriented clinical research conducted with human
subjects, or research on the causes and consequences of disease in
human populations, or on material of human origin (such as tissue
specimens and cognitive phenomena) for which an investigator or
colleague directly interacts with human subjects in an outpatient or
inpatient setting to clarify a problem in human physiology,
pathophysiology, or disease.''. | Clinical Research Enhancement Act of 1996 - Amends the Public Health Service Act to direct the President to establish the President's Clinical Research Panel, as part of the Office of Science and Technology Policy (OSTP), to evaluate the status of the U.S. clinical research environment. Authorizes appropriations.
Requires the Advisory Committee to the Director (of the National Institutes of Health (NIH)) on Clinical Research to report to the Director and to the Panel and to implement recommendations as the Committee determines necessary to remedy NIH clinical research deficiencies. Terminates the Committee five years after enactment of this Act.
Requires the OSTP to review the compositions, functions, and outcomes of study section activities at all Federal agencies as such activities relate to clinical research proposals for investigator-initiated support. Authorizes appropriations.
Requires the Director to: (1) support and expand NIH's clinical research involvement; (2) support and expand available resources; and (3) establish certain peer review mechanisms.
Mandates grants for: (1) the establishment of general clinical research centers to provide the infrastructure for clinical research training and career enhancement; (2) clinical research career enhancement awards; and (3) innovative medical science awards to support individual clinical research projects. Authorizes appropriations.
Increases the maximum aggregate number of contracts that may be made under existing provisions relating to: (1) undergraduate scholarships regarding professions needed by NIH; and (2) loan repayments regarding clinical researchers (currently, clinical researchers from disadvantaged backgrounds). Authorizes appropriations for the loan repayment program. Requires that at least 50 percent of such funds for a fiscal year be used for contracts with qualified health professionals from disadvantaged backgrounds. | {"src": "billsum_train", "title": "Clinical Research Enhancement Act of 1996"} | 3,815 | 367 | 0.505811 | 1.59016 | 0.802579 | 3.072508 | 10.549849 | 0.891239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetic Privacy and
Nondiscrimination Act of 1997''.
SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF
GENETIC INFORMATION.
(a) Group Coverage.--
(1) Amendments to public health service act.--
(A) Inclusion of genetic testing in
nondiscrimination requirements.--Section 2702(a)(1)(F)
of the Public Health Service Act (42 U.S.C. 300gg-
1(a)(1)(F)), as added by section 102(a) of Health
Insurance Portability and Accountability Act of 1996,
is amended by inserting ``(or a request for, or receipt
of, genetic information or a genetic test)'' after
``genetic information''.
(B) Prohibitions against use and disclosure of
genetic information.--Subpart 2 of part A of title
XXVII of the Public Health Service Act, as amended by
section 703(a) of Public Law 104-204, is amended by
adding at the end the following new section:
``SEC. 2706. PROHIBITIONS AGAINST USE AND DISCLOSURE OF GENETIC
INFORMATION.
``(a) Prohibition of Use of Genetic Information.--A group health
plan, and a health insurance issuer offering health insurance coverage
in connection with a group health plan, may not use genetic information
to reject, deny, limit, cancel, refuse to renew, establish differential
rates or premium payments for, or otherwise affect benefits provided
under the plan or health insurance coverage offered in connection with
the plan.
``(b) Prohibition of Disclosure of Genetic Information.--
``(1) In general.--Except as provided in paragraph (2),
regardless of the manner in which genetic information was
received, or of the source of such information, including
information received from an individual, a health insurance
issuer in connection with health insurance coverage offered in
connection with a group health plan and a group health plan may
not disclose or be compelled (by subpoena or any other means)
to disclose genetic information about an individual unless such
disclosure is specifically authorized by the individual
involved or the legal representative of the individual through
a written authorization which includes a description of the
information being disclosed, the name of the individual or
entity to whom the disclosure is being made, and the purpose of
the disclosure.
``(2) Exceptions.--Notwithstanding paragraph (1), genetic
information concerning an individual may be disclosed if such
disclosure--
``(A) is authorized under Federal or State criminal
laws relating to the identification of individuals, or
as is necessary for the purpose of a criminal or death
investigation, a criminal or juvenile proceeding, an
inquest, or a child fatality review by a
multidisciplinary child abuse team;
``(B) is required under the specific order of a
Federal or State court;
``(C) is authorized under Federal or State law for
the purpose of establishing paternity; or
``(D) is for the purpose of identifying bodies.
``(3) Application of subsection.--The prohibitions of this
subsection shall apply to any redisclosure by any entity after
another entity has disclosed the genetic information.''.
(C) Definitions.--Section 2791(d) of the Public
Health Service Act (42 U.S.C. 300gg-91(d)) is amended
by adding at the end the following new paragraph:
``(15) Genetic information; genetic test.--
``(A) Genetic information.--The term `genetic
information' with respect to an individual means
information about the genes of the individual or a
member of the individual's family or about any gene
products or inherited characteristics that may derive
from the individual or a member of the individual's
family.
``(B) Genetic test.--The term `genetic test' means
a test for determining the presence or absence of
genetic characteristics in an individual, including
tests of nucleic acids such as DNA, RNA, and
mitochondrial DNA, chromosomes, or proteins in order to
diagnose a genetic characteristic.''.
(D) Conforming amendment.--Section 2723(c) of such Act (42
U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public
Law 104-204, is amended by striking ``section 2704'' and
inserting ``sections 2704 and 2706''.
(2) ERISA amendments.--
(A) Inclusion of genetic testing in
nondiscrimination requirements.--Section 702(a)(1)(F)
of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1182(a)(1)(F)), as added by section 101(a)
of Health Insurance Portability and Accountability Act
of 1996, is amended by inserting ``(or a request for,
or receipt of, genetic information or a genetic test)''
after ``genetic information''.
(B) Prohibition against use and disclosure of
genetic information.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974, as amended by section 702(a) of Public Law
104-204, is amended by adding at the end the following
new section:
``SEC. 713. PROHIBITION AGAINST USE AND DISCLOSURE OF GENETIC
INFORMATION.
``(a) Prohibition of Use of Genetic Information.--A group health
plan, and a health insurance insurer offering health insurance coverage
in connection with a group health plan, may not use genetic information
to reject, deny, limit, cancel, refuse to renew, increase the rates of,
or otherwise affect benefits provided under the plan or health
insurance coverage offered in connection with the plan.
``(b) Prohibition of Disclosure of Genetic Information.--
``(1) In general.--Except as provided in paragraph (2),
regardless of the manner in which genetic information was
received, or of the source of such information, including
information received from an individual, a health insurance
issuer in connection with health insurance coverage offered in
connection with a group health plan and a group health plan may
not disclose or be compelled (by subpoena or any other means)
to disclose genetic information about an individual unless such
disclosure is specifically authorized by the individual
involved or the legal representative of the individual through
a written authorization which includes a description of the
information being disclosed, the name of the individual or
entity to whom the disclosure is being made, and the purpose of
the disclosure.
``(2) Exceptions.--Notwithstanding paragraph (1), genetic
information concerning an individual may be disclosed if such
disclosure--
``(A) is authorized under Federal or State criminal
laws relating to the identification of individuals, or
as is necessary for the purpose of a criminal or death
investigation, a criminal or juvenile proceeding, an
inquest, or a child fatality review by a
multidisciplinary child abuse team;
``(B) is required under the specific order of a
Federal or State court;
``(C) is authorized under Federal or State law for
the purpose of establishing paternity; or
``(D) is for the purpose of identifying bodies.
``(3) Application of subsection.--The prohibitions of this
subsection shall apply to any redisclosure by any entity after
another entity has disclosed the genetic information.''.
(C) Definitions.--Section 733(d) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1186(d)) is amended by adding at the end the following
new paragraph:
``(5) Genetic information; genetic test.--
``(A) The term `genetic information' with respect
to an individual means information about the genes of
the individual or a member of the individual's family
or about any gene products or inherited characteristics
that may derive from the individual or a member of the
individual's family.
``(B) The term `genetic test' means a test for
determining the presence or absence of genetic
characteristics in an individual, including tests of
nucleic acids such as DNA, RNA, and mitochondrial DNA,
chromosomes, or proteins in order to diagnose a genetic
characteristic.''.
(D) Conforming amendments.--(i) Section 731(c) of
such Act (29 U.S.C. 1191(c)), as amended by section
603(b)(1) of Public Law 104-204, is amended by striking
``section 711'' and inserting ``sections 711 and 713''.
(ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as
amended by section 603(b)(2) of Public Law 104-204, is amended
by striking ``section 711'' and inserting ``sections 711 and
713''.
(iii) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 712 the
following new item:
``Sec. 713. Prohibition against use and disclosure of genetic
information.''.
(b) Individual Health Insurance.--Part B of title XXVII of the
Public Health Service Act, as amended by section 605(a) of Public Law
104-204, is amended by inserting after section 2751 the following new
section:
``SEC. 2752. PROHIBITION AGAINST USE AND DISCLOSURE OF GENETIC
INFORMATION.
``The provisions of section 2706 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as it applies to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(c) Treatment of Genetic Information under Programs Administered by
the Department of Veterans' Affairs.--
(1) In general.--Subchapter III of chapter 73 of title 38,
United States Code, is amended by inserting after section 7334
the following new section:
``Sec. 7335. Treatment of genetic information
``The Secretary shall prescribe standards, relating to the use and
disclosure of genetic information in connection with hospital care and
medical services provided under chapter 17 of this title, which are
consistent with the standards applicable under section 2706 of the
Public Health Service Act (relating to prohibitions against use and
disclosure of genetic information) in connection with benefits provided
by group health plans and health insurance coverage offered by health
insurance issuers.''.
(2) Conforming amendment.--The table of sections for
chapter 73 of title 38, United States Code is amended by
inserting after the item relating to section 7334 the following
new item:
``7335. Treatment of genetic information.''.
(d) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 1998.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date.
(3) The amendments made by subsection (c) shall apply with respect
to hospital care and medical services provided on or after such date.
SEC. 3. PROHIBITION OF EMPLOYMENT PRACTICES INVOLVING GENETIC
INFORMATION.
(a) Acquisition and Use of Genetic Information and Genetic
Testing.--
(1) In general.--Subject to paragraph (2), it shall be an
unlawful employment practice for an employer--
(A) to attempt to acquire, to acquire, or to use
the genetic information of an employee or applicant for
employment, or
(B) to require a genetic test of an employee or
applicant for employment,
for the purpose of distinguishing among employees or applicants
for employment or for the purpose of discriminating against or
restricting any right or benefit otherwise due or available to
an employee or applicant for employment, in connection with any
matter relating to employment or employment opportunities,
including terms and conditions of employment, privileges and
benefits for employees, and termination of employment.
(2) Exception.--Paragraph (1) shall not apply with respect
to any act described in paragraph (1) with respect to genetic
information or any requirement described in paragraph (1) for a
genetic test if such act or requirement--
(A) is job-related and consistent with business
necessity, or
(B) is required under Federal or State law.
(b) Nondisclosure and Confidentiality of Genetic Information.--It
shall be an unlawful employment practice for an employer--
(1) to allow access to genetic information of employees to
any person other than persons whose duties or responsibilities
in connection with the employer require access to such
information for purposes consistent with subsection (a), or
(2) to establish or maintain access by the employer to an
employee's genetic information which has been acquired--
(A) by any employee welfare benefit plan
established or maintained by the employer in which such
employee is a participant (or by any other fiduciary of
such a plan), or
(B) by any health insurance issuer offering health
insurance coverage in connection with a group health
plan in which such employee is a participant,
without the prior, written, and informed consent of the employee,
signed by the employee, setting forth the person or persons to whom
access to such information is to be allowed.
(c) Enforcement.--The powers, remedies, and procedures set forth in
sections 705 through 709 of the Civil Rights Act of 1964 shall be the
powers, remedies, and procedures this section provides to any person
alleging a violation of this section.
(d) Definitions.--As used in this section:
(1) Employer; employee.--The terms ``employer'' and
``employee'' have the meanings given such terms, respectively,
in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
(2) Employment or employment opportunities.--The term
``employment or employment opportunities'' includes job
application procedures, hiring, advancement, discharge,
compensation, job training, or any other term, condition, or
privilege of employment.
(3) Genetic information.--The term ``genetic information''
with respect to an individual means information about the genes
of the individual or a member of the individual's family or
about any gene products or inherited characteristics that may
derive from the individual or a member of the individual's
family.
(4) Genetic test.--The term ``genetic test'' means a test
for determining the presence or absence of genetic
characteristics in an individual, including tests of nucleic
acids such as DNA, RNA, and mitochondrial DNA, chromosomes, or
proteins in order to diagnose a genetic characteristic.
(5) Other terms.--
(A) Group health plan; health insurance issuer;
health insurance coverage.--The terms ``group health
plan'', ``health insurance issuer'', and ``health
insurance coverage'' have the meanings given such
terms, respectively, in section 733 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1191b(a)).
(B) Employee welfare benefit plan; participant.--
The terms ``employee welfare benefit plan'' and
``participant'' have the meanings given such terms,
respectively, in section 3 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002).
SEC. 4. FURTHER RECOMMENDATION BY THE NATIONAL BIOETHICS ADVISORY
COMMISSION.
Not later than 1 year after the date of the enactment of this Act,
the National Bioethics Advisory Commission shall prepare and submit to
the appropriate committees of Congress a report containing
recommendations on--
(1) the development and implementation of standards to
provide increased protection for the collection, storage, and
use of identifiable DNA samples and genetic information
obtained from those samples; and
(2) the development and implementation of appropriate
standards for the acquisition and retention of genetic
information in all settings, including appropriate exceptions. | Genetic Privacy and Nondiscrimination Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit a group health plan, and a health insurance issuer offering group coverage, from discriminating in eligibility based on a request for, or receipt of, genetic information or a genetic test. Prohibits such entities from: (1) using genetic information to discriminate in issuance, renewal, premium rates, or benefits; or (2) disclosing or being compelled, by subpoena or any other means, subject to exception, to disclose genetic information about an individual unless authorized by the individual. Amends the Public Health Service Act to apply these prohibitions to coverage in the individual market.
Amends Federal law relating to veterans' benefits to mandate standards, consistent with the prohibitions in this Act, regarding genetic information use and disclosure in connection with medical care provided under those provisions.
Makes it an unlawful employment practice for an employer to attempt to acquire, acquire, or use genetic information, or to require a genetic test, of an employee or applicant to discriminate or restrict any right or benefit. Regulates employer disclosure of and access to genetic information. Provides for enforcement through the powers, remedies, and procedures in specified provisions of the Civil Rights Act of 1964.
Mandates a report by the National Bioethics Advisory Commission to the Congress regarding standards to provide increased protection for the collection, storage, and use of DNA samples and genetic information. | {"src": "billsum_train", "title": "Genetic Privacy and Nondiscrimination Act of 1997"} | 3,609 | 322 | 0.68888 | 2.070589 | 1.007659 | 3.354386 | 11.168421 | 0.891228 |
SECTION 1. REQUIREMENT TO DISCLOSE SOURCES AND AMOUNTS OF FUNDS RAISED
FOR PRESIDENTIAL ARCHIVAL DEPOSITORY.
(a) In General.--Section 2112 of title 44, United States Code, is
amended by adding at the end the following new subsection:
``(h)(1) Any organization that is established for the purpose of
raising funds for creating, maintaining, expanding, or conducting
activities at a Presidential archival depository or any facilities
relating to a Presidential archival depository, shall submit to the
Administration, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of the
Senate on an annual basis, by not later than the applicable date
specified in paragraph (2), information with respect to every
contributor who, during the year--
``(A) with respect to a Presidential archival depository of
a President who currently holds the Office of President or for
which the Archivist has not accepted, taken title to, or
entered into an agreement to use any land or facility, gave the
organization a contribution or contributions (whether monetary
or in-kind) totaling $200 or more for the year; or
``(B) with respect to a Presidential archival depository of
a President who no longer holds the Office of President and for
which the Archivist has accepted, taken title to, or entered
into an agreement to use any land or facility, gave the
organization a contribution or contributions (whether monetary
or in-kind) totaling $5000 or more for the year.
``(2) For purposes of paragraph (1), the applicable date--
``(A) with respect to information required under paragraph
(1)(A), shall be January 31 of each year; and
``(B) with respect to information required under paragraph
(1)(B), shall be May 31 of each year.
``(3) As used in this subsection, the term `information' means the
following:
``(A) The amount or value of each contribution made by a
contributor referred to in paragraph (1) in the year covered by
the submission.
``(B) The source of each such contribution, and the address
of the entity or individual that is the source of the
contribution.
``(C) If the source of such a contribution is an
individual, the occupation of the individual.
``(D) The date of each such contribution.
``(4) The Archivist shall make available to the public through the
Internet (or a successor technology readily available to the public)
any information that is submitted in accordance with paragraph (1).
``(5)(A) It shall be unlawful for any person who makes a
contribution described in paragraph (1) to knowingly and willfully
submit false material information or omit material information with
respect to the contribution to an organization described in such
paragraph.
``(B) The penalties described in section 1001 of title 18, United
States Code, shall apply with respect to a violation of subparagraph
(A) in the same manner as a violation described in such section.
``(6)(A) It shall be unlawful for any organization described in
paragraph (1) to knowingly and willfully submit false material
information or omit material information under such paragraph.
``(B) The penalties described in section 1001 of title 18, United
States Code, shall apply with respect to a violation of subparagraph
(A) in the same manner as a violation described in such section.
``(7)(A) It shall be unlawful for a person to knowingly and
willfully--
``(i) make a contribution described in paragraph (1) in the
name of another person;
``(ii) permit his or her name to be used to effect a
contribution described in paragraph (1); or
``(iii) accept a contribution described in paragraph (1)
that is made by one person in the name of another person.
``(B) The penalties set forth in section 309(d) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437g(d)) shall apply to a
violation of subparagraph (A) in the same manner as if such violation
were a violation of section 316(b)(3) of such Act.
``(8) The Archivist shall promulgate regulations for the purpose of
carrying out this subsection.''.
(b) Applicability.--Section 2112(h) of title 44, United States Code
(as added by subsection (a))--
(1) shall apply to an organization established for the
purpose of raising funds for creating, maintaining, expanding,
or conducting activities at a Presidential archival depository
or any facilities relating to a Presidential archival
depository before, on, or after the date of the enactment of
this Act; and
(2) shall only apply with respect to contributions (whether
monetary or in-kind) made after the date of the enactment of
this Act. | Requires any organization that is established for the purpose of raising funds for a presidential archival depository to annually submit to the National Archives and Records Administration, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate information respecting every contributor who, with regard to: (1) a presidential archival depository of a President who currently holds the Office of President or for which the Archivist of the United States has not accepted, taken title to, or entered into an agreement to use any land or facility, gave the organization monetary or in-kind contributions totaling $200 or more; or (2) a depository of a President who no longer holds such Office and for which the Archivist has accepted, taken title to, or entered into an agreement to use any land or facility, gave the organization contributions totaling $5,000 or more. Requires the Archivist to make any such information available to the public through the Internet or a successor technology.Makes it unlawful for: (1) a contributor or an organization to submit false material information or omit material information concerning the contribution; or (2) a person to make or accept a contribution made in another person's name. | {"src": "billsum_train", "title": "A bill to amend title 44, United States Code, to require any organization that is established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository to disclose the sources and amounts of any funds raised, and for other purposes."} | 1,067 | 259 | 0.747572 | 2.282612 | 0.764355 | 5.93133 | 4.373391 | 0.95279 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quadrennial Diplomacy and
Development Review Act of 2012''.
SEC. 2. QUADRENNIAL DIPLOMACY AND DEVELOPMENT REVIEW.
(a) Requirement.--
(1) Quadrennial reviews required.--Under the direction of
the President, the Secretary of State shall every four years,
during a year following a year evenly divisible by four,
conduct a review of United States diplomacy and development (to
be known as a ``quadrennial diplomacy and development
review'').
(2) Scope of reviews.--Each quadrennial diplomacy and
development review shall be a comprehensive examination of the
national diplomacy and development policy and strategic
framework of the United States for the next four year period
until a subsequent review is due under paragraph (1). The
review shall include--
(A) recommendations regarding the long-term
diplomacy and development policy and strategic
framework of the United States;
(B) priorities of the United States for diplomacy
and development; and
(C) guidance on the related programs, assets,
capabilities, budget, policies, and authorities of the
Department of State and United States Agency for
International Development.
(3) Consultation.--In conducting each quadrennial diplomacy
and development review, after consultation with Department of
State and United States Agency for International Development
officials, the Secretary of State should consult with--
(A) the heads of other relevant Federal agencies,
including the Secretary of Defense, the Secretary of
the Treasury, the Secretary of Homeland Security, the
Attorney General, the Secretary of Health and Human
Services, the Secretary of Agriculture, the Secretary
of Commerce, the Chief Executive Officer of the
Millennium Challenge Corporation, and the Director of
National Intelligence;
(B) any other Federal agency that provides foreign
assistance, including at a minimum the Export-Import
Bank of the United States and the Overseas Private
Investment Corporation;
(C) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the
Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and, as
appropriate, other members of Congress; and
(D) other relevant governmental and nongovernmental
entities, including private sector representatives,
academics, and other policy experts.
(b) Contents of Review.--Each quadrennial diplomacy and development
review shall--
(1) delineate, as appropriate, the national diplomacy and
development policy and strategic framework of the United
States, consistent with appropriate national, Department of
State, and United States Agency for International Development
strategies, strategic plans, and relevant presidential
directives, including the national security strategy prescribed
pursuant to section 108 of the National Security Act of 1947
(50 U.S.C. 404a);
(2) outline and prioritize the full range of critical
national diplomacy and development areas, capabilities, and
resources, including those implemented across agencies, and
address the full range of challenges confronting the United
States in this regard;
(3) describe the interagency cooperation, and preparedness
of relevant Federal assets, and the infrastructure, budget
plan, and other elements of the diplomacy and development
policies and programs of the United States required to execute
successfully the full range of mission priorities outlined
under paragraph (2);
(4) describe the roles of international organizations and
multilateral institutions in advancing United States diplomatic
and development objectives, including the mechanisms for
coordinating and harmonizing development policies and programs
with partner countries and among donors;
(5) identify the budget plan required to provide sufficient
resources to successfully execute the full range of mission
priorities outlined under paragraph (2);
(6) include an assessment of the organizational alignment
of the Department of State and the United States Agency for
International Development with the national diplomacy and
development policy and strategic framework referred to in
paragraph (1) and the diplomacy and development mission
priorities outlined under paragraph (2);
(7) review and assess the effectiveness of the management
mechanisms of the Department of State and the United States
Agency for International Development for executing the
strategic priorities outlined in the quadrennial diplomacy and
development review, including the extent to which such
effectiveness has been enhanced since the previous report; and
(8) the relationship between the requirements of the
quadrennial diplomacy and development review and the
acquisition strategy and expenditure plan within the Department
of State and the United States Agency for International
Development.
(c) Reporting.--
(1) In general.--Not later than the year following the year
in which a quadrennial diplomacy and development review is
conducted, but not later than the date on which the President
submits the budget for the next fiscal year to Congress under
section 1105(a) of title 31, United States Code, the Secretary
of State shall submit to Congress a report regarding that
quadrennial diplomacy and development review.
(2) Contents of report.--Each report submitted under
paragraph (1) shall include--
(A) the results of the quadrennial diplomacy and
development review conducted in accordance with, and
based on a detailed assessment of, the provisions of
and considerations set out in subsections (a)(2) and
(b), addressing each of the key elements identified in
such subsections;
(B) a description of the threats to the assumed or
defined national security interests of the United
States that were examined for the purposes of that
review;
(C) an explanation of any underlying assumptions
used in conducting the review; and
(D) any other matters the Secretary of State
considers appropriate.
(3) Public availability.--The Secretary of State shall,
consistent with the protection of national security and other
sensitive matters, make each report submitted under paragraph
(1) publicly available on the Internet Web site of the
Department of State.
(d) Establishment.--The Secretary of State may establish within the
Department of State an Office of Quadrennial Diplomacy and Development
Review, which the Secretary of State may, using only existing
resources, staff in a manner to assist in discharging the functions
under this section.
(e) Foreign Affairs Policy Board Review.--The Secretary of State
should apprise the Foreign Affairs Policy Board on an ongoing basis of
the work undertaken in the conduct of the quadrennial diplomacy and
development review and, upon completion of the review, the Chairman of
the Foreign Affairs Policy Board should, on behalf of the Board,
prepare and submit to the Secretary an assessment of the review for
inclusion in the report submitted under subsection (c).
Passed the Senate September 22 (legislative day, September
21), 2012.
Attest:
NANCY ERICKSON,
Secretary. | Quadrennial Diplomacy and Development Review Act of 2012 - Directs the Secretary of State to conduct a review every four years of U.S. diplomacy and development for the next four-year period (quadrennial diplomacy and development review) which shall include: (1) recommendations regarding the long-term diplomacy and development policy and strategic framework of the United States; (2) U.S. diplomatic priorities; and (3) guidance on the related programs, assets, capabilities, budget, policies, and authorities of the Department of State and the U.S. Agency for International Development (USAID).
Provides for interagency consultations in the conduct of the diplomacy and development review.
Requires each diplomacy and development review to: (1) delineate the U.S. national diplomacy and development policy and strategic framework; (2) prioritize critical national diplomacy and development areas, capabilities, and resources; (3) describe interagency cooperation and preparedness of relevant federal assets; (4) describe the roles of international organizations and multilateral institutions in advancing U.S. diplomatic and development objectives; (5) identify the necessary budget plan; and (6) assess the organizational alignment and management mechanisms of the Department and USAID with the national diplomacy and development policy and strategic framework.
Authorizes the Secretary to establish within the Department an Office of Quadrennial Diplomacy and Development Review.
Urges the Secretary to apprise the Foreign Affairs Policy Board on an ongoing basis of the work undertaken in the quadrennial diplomacy and development review. | {"src": "billsum_train", "title": "A bill to require a quadrennial diplomacy and development review, and for other purposes."} | 1,405 | 327 | 0.714343 | 2.267617 | 1.119181 | 4.566787 | 4.866426 | 0.949458 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Tax Lien
Simplification Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The present decentralized system for filing Federal tax
liens in local property offices, which was established before
the advent of modern computers, the Internet, and e-government
programs, is inefficient, burdensome, and expensive.
(2) Current technology permits the creation of a
centralized Federal tax lien filing system which can provide
for enhanced public notice of and access to accurate tax lien
information in a manner that is more efficient, more timely,
and less burdensome than the existing tax lien filing system;
which would expedite the release of liens; and which would be
less expensive for both taxpayers and users.
(b) Purpose.--The purpose of this Act is to simplify and modernize
the process for filing notices of Federal tax liens, to improve public
access to tax lien information, and to save taxpayer dollars by
establishing a nationwide, Internet accessible, and fully searchable
filing system for Federal tax liens which would replace the current
system of local tax lien filings.
SEC. 3. NATIONAL TAX LIEN FILING SYSTEM.
(a) Filing of Notice of Lien.--Subsection (f) of section 6323
(relating to validity and priority against certain persons) is amended
to read as follows:
``(f) Filing of Notice; Form.--
``(1) Filing of notice.--The notice referred to in
subsection (a) shall be filed in the national Federal tax lien
registry established under subsection (k). The filing of a
notice of lien, or a certificate of release, discharge,
subordination, or nonattachment of lien, in the national
Federal tax lien registry shall be effective for purposes of
determining lien priority regardless of the nature or location
of the property interest to which the lien attaches.
``(2) Form.--The form and content of the notice referred to
in subsection (a) shall be prescribed by the Secretary. Such
notice shall be valid notwithstanding any other provision of
law regarding the form or content of a notice of lien.
``(3) Other national filing systems.--The filing of a
notice of lien shall be governed by this title and shall not be
subject to any other Federal law establishing a place or places
for the filing of liens or encumbrances under a national filing
system.''.
(b) Refiling of Notice.--Paragraph (2) of section 6323(g) (relating
to refiling of notice) is amended to read as follows:
``(2) Refiling.--A notice of lien may be refiled in the
national Federal tax lien registry established under subsection
(k).''.
(c) Release of Tax Liens or Discharge of Property.--
(1) In general.--Section 6325(a) (relating to release of
lien) is amended by inserting ``, and shall cause the
certificate of release to be filed in the national Federal tax
lien registry established under section 6323(k),'' after
``internal revenue tax''.
(2) Release of tax liens expedited from 30 to 10 days.--
Section 6325(a) (relating to release of lien) is amended by
striking ``not later than 30 days'' and inserting ``not later
than 10 days''.
(3) Discharge of property from lien.--Section 6325(b)
(relating to discharge of property) is amended--
(A) by inserting ``, and shall cause the
certificate of discharge to be filed in the national
Federal tax lien registry established under section
6323(k),'' after ``under this chapter'' in paragraph
(1),
(B) by inserting ``, and shall cause the
certificate of discharge to be filed in such national
Federal tax lien registry,'' after ``property subject
to the lien'' in paragraph (2),
(C) by inserting ``, and shall cause the
certificate of discharge to be filed in such national
Federal tax lien registry,'' after ``property subject
to the lien'' in paragraph (3), and
(D) by inserting ``, and shall cause the
certificate of discharge of property to be filed in
such national Federal tax lien registry,'' after
``certificate of discharge of such property'' in
paragraph (4).
(4) Discharge of property from estate or gift tax lien.--
Section 6325(c) (relating to estate or gift tax) is amended by
inserting ``, and shall cause the certificate of discharge to
be filed in the national Federal tax lien registry established
under section 6323(k),'' after ``imposed by section 6324''.
(5) Subordination of lien.--Section 6325(d) (relating to
subordination of lien) is amended by inserting ``, and shall
cause the certificate of subordination to be filed in the
national Federal tax lien registry established under section
6323(k),'' after ``subject to such lien''.
(6) Nonattachment of lien.--Section 6325(e) (relating to
nonattachment of lien) is amended by inserting ``, and shall
cause the certificate of nonattachment to be filed in the
national Federal tax lien registry established under section
6323(k),'' after ``property of such person''.
(7) Effect of certificate.--Paragraphs (1) and (2)(B) of
section 6325(f) (relating to effect of certificate) are each
amended by striking ``in the same office as the notice of lien
to which it relates is filed (if such notice of lien has been
filed)'' and inserting ``in the national Federal tax lien
registry established under section 6323(k)''.
(8) Release following administrative appeal.--Section
6326(b) (relating to certificate of release) is amended--
(A) by striking ``and shall include'' and insert
``, shall include'', and
(B) by inserting ``, and shall cause the
certificate of release to be filed in the national
Federal tax lien registry established under section
6323(k),'' after ``erroneous''.
(9) Conforming amendments.--Section 6325 is amended by
striking subsection (g) and by redesignating subsection (h) as
subsection (g).
(d) National Federal Tax Lien Registry.--
(1) In general.--Section 6323 is amended by adding at the
end the following new subsection:
``(k) National Registry.--The national Federal tax lien registry
referred to in subsection (f)(1) shall be established and maintained by
the Secretary and shall be accessible to and searchable by the public
through the Internet at no cost to access or search. The registry shall
identify the taxpayer to whom the Federal tax lien applies and reflect
the date and time the notice of lien was filed, and shall be made
searchable by, at a minimum, taxpayer name, the State of the taxpayer's
address as shown on the notice of lien, the type of tax, and the tax
period, and, when the Secretary determines it is feasible, by property.
The registry shall also provide for the filing of certificates of
release, discharge, subordination, and nonattachment of Federal tax
liens, as authorized in sections 6325 and 6326, and may provide for
publishing such other documents or information with respect to Federal
tax liens as the Secretary may by regulation provide.''.
(2) Administrative action.--The Secretary of the Treasury
shall issue regulations or other guidance providing for the
maintenance and use of the national Federal tax lien registry
established under section 6323(k) of the Internal Revenue Code
of 1986. The Secretary of the Treasury shall take appropriate
steps to secure and prevent tampering with the data recorded
therein. Prior to implementation of such registry, the
Secretary of the Treasury shall review the information
currently provided in public lien filings and determine whether
any such information should be excluded or protected from
public viewing in such registry.
(e) Transition Rules.--The Secretary of the Treasury may by
regulation prescribe for the continued filing of notices of Federal tax
lien in the offices of the States, counties and other governmental
subdivisions after December 31, 2008, for an appropriate period to
permit an orderly transition to the national Federal tax lien registry
established under section 6323(k) of the Internal Revenue Code of 1986.
(f) Effective Date.--The amendments made by this section shall
apply to notices of lien filed after December 31, 2008. The national
Federal tax lien registry (established under section 6323(k) of the
Internal Revenue Code of 1986) shall be made operational as of January
1, 2009, whether or not the Secretary of the Treasury has promulgated
final regulations establishing such registry. | Tax Lien Simplification Act - Amends the Internal Revenue Code to revise procedures for the filing of federal tax liens.
Direct the Secretary of the Treasury to establish and maintain a federal tax lien registry, in lieu of filing tax liens in local jurisdictions, which would be accessible to and searchable by the public through the Internet at no cost.
Establishes the priority of a federal tax lien based upon the date and time of the filing of a notice of lien in the federal tax lien registry.
Reduces the period for releasing satisfied or unenforceable tax liens from 30 to 10 days. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to simplify, modernize, and improve public notice of and access to tax lien information by providing for a national, Internet accessible, filing system for Federal tax liens, and for other purposes."} | 2,055 | 131 | 0.608741 | 1.704636 | 0.566169 | 2.794643 | 16.473214 | 0.848214 |
SECTION 1. PROJECT FOR NAVIGATION, WELLS HARBOR, MAINE.
(a) In General.--The project for navigation, Wells Harbor, Maine,
authorized by section 101 of the River and Harbor Act of 1960 (74 Stat.
480), is modified to authorize the Secretary of the Army to realign the
channel and anchorage areas based on a harbor design capacity of 150
craft.
(b) Deauthorization of Certain Portions.--The following portions of
the project are not authorized after the date of enactment of this Act:
(1) The portion of the 6-foot channel the boundaries of
which begin at a point with coordinates N177,992.00,
E394,831.00, thence running south 83 degrees 58 minutes 14.8
seconds west 10.38 feet to a point N177,990.91, E394,820.68,
thence running south 11 degrees 46 minutes 47.7 seconds west
991.76 feet to a point N177,020.04, E394,618.21, thence running
south 78 degrees 13 minutes 45.7 seconds east 10.00 feet to a
point N177,018.00, E394,628.00, thence running north 11 degrees
46 minutes 22.8 seconds east 994.93 feet to the point of
origin.
(2) The portion of the 6-foot anchorage the boundaries of
which begin at a point with coordinates N177,778.07,
E394,336.96, thence running south 51 degrees 58 minutes 32.7
seconds west 15.49 feet to a point N177,768.53, E394,324.76,
thence running south 11 degrees 46 minutes 26.5 seconds west
672.87 feet to a point N177,109.82, E394,187.46, thence running
south 78 degrees 13 minutes 45.7 seconds east 10.00 feet to a
point N177,107.78, E394,197.25, thence running north 11 degrees
46 minutes 25.4 seconds east 684.70 feet to the point of
origin.
(3) The portion of the 10-foot settling basin the
boundaries of which begin at a point with coordinates
N177,107.78, E394,197.25, thence running north 78 degrees 13
minutes 45.7 seconds west 10.00 feet to a point N177,109.82,
E394,187.46, thence running south 11 degrees 46 minutes 15.7
seconds west 300.00 feet to a point N176,816.13, E394,126.26,
thence running south 78 degrees 12 minutes 21.4 seconds east
9.98 feet to a point N176,814.09, E394,136.03, thence running
north 11 degrees 46 minutes 29.1 seconds east 300.00 feet to
the point of origin.
(4) The portion of the 10-foot settling basin the
boundaries of which begin at a point with coordinates
N177,018.00, E394,628.00, thence running north 78 degrees 13
minutes 45.7 seconds west 10.00 feet to a point N177,020.04,
E394,618.21, thence running south 11 degrees 46 minutes 44.0
seconds west 300.00 feet to a point N176,726.36, E394,556.97,
thence running south 78 degrees 12 minutes 30.3 seconds east
10.03 feet to a point N176,724.31, E394,566.79, thence running
north 11 degrees 46 minutes 22.4 seconds east 300.00 feet to
the point of origin.
(c) Redesignations.--The following portions of the project shall be
redesignated as part of the 6-foot anchorage:
(1) The portion of the 6-foot channel the boundaries of
which begin at a point with coordinates N177,990.91,
E394,820.68, thence running south 83 degrees 58 minutes 40.8
seconds west 94.65 feet to a point N177,980.98, E394,726.55,
thence running south 11 degrees 46 minutes 22.4 seconds west
962.83 feet to a point N177,038.40, E394,530.10, thence running
south 78 degrees 13 minutes 45.7 seconds east 90.00 feet to a
point N177,020.04, E394,618.21, thence running north 11 degrees
46 minutes 47.7 seconds east 991.76 feet to the point of
origin.
(2) The portion of the 10-foot inner harbor settling basin
the boundaries of which begin at a point with coordinates
N177,020.04, E394,618.21, thence running north 78 degrees 13
minutes 30.5 seconds west 160.00 feet to a point N177,052.69,
E394,461.58, thence running south 11 degrees 46 minutes 45.4
seconds west 299.99 feet to a point N176,759.02, E394,400.34,
thence running south 78 degrees 13 minutes 17.9 seconds east
160 feet to a point N176,726.36, E394,556.97, thence running
north 11 degrees 46 minutes 44.0 seconds east 300.00 feet to
the point of origin.
(3) The portion of the 6-foot anchorage the boundaries of
which begin at a point with coordinates N178,102.26,
E394,751.83, thence running south 51 degrees 59 minutes 42.1
seconds west 526.51 feet to a point N177,778.07, E394,336.96,
thence running south 11 degrees 46 minutes 26.6 seconds west
511.83 feet to a point N177,277.01, E394,232.52, thence running
south 78 degrees 13 minutes 17.9 seconds east 80.00 feet to a
point N177,260.68, E394,310.84, thence running north 11 degrees
46 minutes 24.8 seconds east 482.54 feet to a point
N177,733.07, E394,409.30, thence running north 51 degrees 59
minutes 41.0 seconds east 402.63 feet to a point N177,980.98,
E394,726.55, thence running north 11 degrees 46 minutes 27.6
seconds east 123.89 feet to the point of origin.
(d) Realignment.--The 6-foot anchorage area described in subsection
(c)(3) shall be realigned to include the area located south of the
inner harbor settling basin in existence on the date of enactment of
this Act beginning at a point with coordinates N176,726.36,
E394,556.97, thence running north 78 degrees 13 minutes 17.9 seconds
west 160.00 feet to a point N176,759.02, E394,400.34, thence running
south 11 degrees 47 minutes 03.8 seconds west 45 feet to a point
N176,714.97, E394,391.15, thence running south 78 degrees 13 minutes
17.9 seconds 160.00 feet to a point N176,682.31, E394,547.78, thence
running north 11 degrees 47 minutes 03.8 seconds east 45 feet to the
point of origin.
(e) Relocation.--The Secretary of the Army may relocate the
settling basin feature of the project to the outer harbor between the
jetties.
(f) Enforcement of Conservation Easement.--The Secretary of the
Interior, acting through the Director of the United States Fish and
Wildlife Service, may accept the conveyance of the right, but not the
obligation, to enforce a conservation easement to be held by the State
of Maine over certain land owned by the town of Wells, Maine, that is
adjacent to the Rachel Carson National Wildlife Refuge. | Modifies the project for navigation, Wells Harbor, Maine, to authorize the Secretary of the Army to realign the channel and anchorage areas based on a harbor design capacity of 150 craft. Deauthorizes specified portions of the project. | {"src": "billsum_train", "title": "A bill to modify, and to deauthorize certain portions of, the project for navigation at Wells Harbor, Maine."} | 1,645 | 52 | 0.456569 | 1.372973 | 1.095544 | 7.928571 | 28.190476 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Post Office Community Partnership
Act of 1999''.
SEC. 2. GUIDELINES FOR RELOCATION, CLOSING, CONSOLIDATION, OR
CONSTRUCTION OF POST OFFICES.
Section 404 of title 39, United States Code, is amended by striking
subsection (b) and inserting the following:
``(b)(1) Before making a determination under subsection (a)(3) as
to the necessity for the relocation, closing, consolidation, or
construction of any post office, the Postal Service shall provide
adequate notice to persons served by that post office of the intention
of the Postal Service to relocate, close, consolidate, or construct
that post office not later than 60 days before the final determination
is made to relocate, close, consolidate, or construct.
``(2)(A) The notification under paragraph (1) shall be in writing,
hand delivered or delivered by mail to persons served by that post
office, and published in 1 or more newspapers of general circulation
within the zip codes served by that post office.
``(B) The notification under paragraph (1) shall include--
``(i) an identification of the relocation, closing,
consolidation, or construction of the post office involved;
``(ii) a summary of the reasons for the relocation,
closing, consolidation, or construction;
``(iii) the proposed date for the relocation, closing,
consolidation, or construction;
``(iv) notice of the opportunity of a hearing, if
requested; and
``(v) notice of the opportunity for public comment,
including suggestions.
``(3) Any person served by the post office that is the subject of a
notification under paragraph (1) may offer an alternative relocation,
closing, consolidation, or construction proposal during the 60-day
period beginning on the date on which the notice is provided under
paragraph (1).
``(4)(A) At the end of the period specified in paragraph (3), the
Postal Service shall make a determination under subsection (a)(3).
Before making a final determination, the Postal Service shall conduct a
hearing, if requested by persons served by the post office that is the
subject of a notice under paragraph (1). If a hearing is held under
this paragraph, the persons served by such post office may present oral
or written testimony with respect to the relocation, closing,
consolidation, or construction of the post office.
``(B) In making a determination as to whether or not to relocate,
close, consolidate, or construct a post office, the Postal Service
shall consider--
``(i) the extent to which the post office is part of a core
downtown business area;
``(ii) any potential effect of the relocation, closing,
consolidation, or construction on the community served by the
post office;
``(iii) whether the community served by the post office
opposes a relocation, closing, consolidation, or construction;
``(iv) any potential effect of the relocation, closing,
consolidation, or construction on employees of the Postal
Service employed at the post office;
``(v) whether the relocation, closing, consolidation, or
construction of the post office is consistent with the policy
of the Government under section 101(b) that requires the Postal
Service to provide a maximum degree of effective and regular
postal services to rural areas, communities, and small towns in
which post offices are not self-sustaining;
``(vi) the quantified long-term economic saving to the
Postal Service resulting from the relocation, closing,
consolidation, or construction;
``(vii)(I) the adequacy of the existing post office; and
``(II) whether all reasonable alternatives to relocation,
closing, consolidation, or construction have been explored; and
``(viii) any other factor that the Postal Service
determines to be necessary for making a determination whether
to relocate, close, consolidate, or construct that post office.
``(C) In making a determination as to whether or not to relocate,
close, consolidate, or construct a post office, the Postal Service may
not consider compliance with any provision of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.).
``(5)(A) Any determination of the Postal Service to relocate,
close, consolidate, or construct a post office shall be in writing and
shall include the findings of the Postal Service with respect to the
considerations required to be made under paragraph (4).
``(B) The Postal Service shall respond to all of the alternative
proposals described in paragraph (3) in a consolidated report that
includes--
``(i) the determination and findings under subparagraph
(A); and
``(ii) each alternative proposal and a response by the
Postal Service.
``(C) The Postal Service shall make available to the public a copy
of the report prepared under subparagraph (B) at the post office that
is the subject of the report.
``(6)(A) The Postal Service shall take no action to relocate,
close, consolidate, or construct a post office until the applicable
date described in subparagraph (B).
``(B) The applicable date specified in this subparagraph is--
``(i) if no appeal is made under paragraph (7), the end of
the 30-day period specified in that paragraph; or
``(ii) if an appeal is made under paragraph (7), the date
on which a determination is made by the Commission under
paragraph 7(A), but not later than 120 days after the date on
which the appeal is made.
``(7)(A) A determination of the Postal Service to relocate, close,
consolidate, or construct any post office may be appealed by any person
served by that post office to the Postal Rate Commission during the 30-
day period beginning on the date on which the report is made available
under paragraph (5). The Commission shall review the determination on
the basis of the record before the Postal Service in the making of the
determination. The Commission shall make a determination based on that
review not later than 120 days after appeal is made under this
paragraph.
``(B) The Commission shall set aside any determination, findings,
and conclusions of the Postal Service that the Commission finds to be--
``(i) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with the law;
``(ii) without observance of procedure required by law; or
``(iii) unsupported by substantial evidence on the record.
``(C) The Commission may affirm the determination of the Postal
Service that is the subject of an appeal under subparagraph (A) or
order that the entire matter that is the subject of that appeal be
returned for further consideration, but the Commission may not modify
the determination of the Postal Service. The Commission may suspend the
effectiveness of the determination of the Postal Service until the
final disposition of the appeal.
``(D) The provisions of sections 556 and 557, and chapter 7 of
title 5 shall not apply to any review carried out by the Commission
under this paragraph.
``(E) A determination made by the Commission shall not be subject
to judicial review.
``(8) In any case in which a community has in effect procedures to
address the relocation, closing, consolidation, or construction of
buildings in the community, and the public participation requirements
of those procedures are more stringent than those provided in this
subsection, the Postal Service shall apply those procedures to the
relocation, closing, consolidation, or construction of a post office in
that community in lieu of applying the procedures established in this
subsection.
``(9) In making a determination to relocate, close, consolidate, or
construct any post office, the Postal Service shall comply with any
applicable zoning, planning, or land use laws (including building codes
and other related laws of State or local public entities, including any
zoning authority with jurisdiction over the area in which the post
office is located).
``(10) The relocation, closing, consolidation, or construction of
any post office under this subsection shall be conducted in accordance
with the National Historic Preservation Act (16 U.S.C. 470h-2).
``(11) Nothing in this subsection shall be construed to apply to a
temporary customer service facility to be used by the Postal Service
for a period of less than 60 days.
``(12)(A) For purposes of this paragraph the term `emergency' means
any occurrence that forces an immediate relocation from an existing
facility, including natural disasters, fire, health and safety factors,
and lease terminations.
``(B) If the Postmaster General makes a determination that an
emergency exists relating to a post office, the Postmaster General may
suspend the application of the provisions of this subsection for a
period not to exceed 180 days with respect to such post office.
``(C) The Postmaster General may exercise the suspension authority
under subparagraph (A) once with respect to a single emergency for any
specific post office.''. | Post Office Community Partnership Act of 1999 - Modifies Federal postal law to revise requirements for the closing or consolidation of a post office and apply them, as well, to its relocation or construction. Requires a 60-day notice before an office's relocation, closing, consolidation, or construction. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office.
Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, closing, consolidation, or construction proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing, if requested by such person, to allow the individual to present oral or written testimony.
Revises the factors to be considered in deciding whether or not to relocate, close, consolidate, or construct a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community; (3) the adequacy of the existing post office; and (4) whether all reasonable alternatives to relocation, closing, consolidation, or construction have been explored.
Requires the Postal Service to respond in a consolidated report to all of the alternative proposals offered within the 60-day notification period by persons served by the post office in question.
Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, consolidation, or construction of buildings in the community if such procedures are more stringent than those provided in this Act.
Provides that nothing in this Act shall be construed to apply to a temporary customer service facility used for less than 60 days.
Allows for a one-time suspension of this Act with respect to a single emergency for any specific post office for a maximum 180-day period. | {"src": "billsum_train", "title": "Post Office Community Partnership Act of 1999"} | 1,967 | 411 | 0.68886 | 2.045268 | 0.804021 | 4.284595 | 5.049608 | 0.926893 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Permanent Stewardship Contracting
Authority Act of 2013''.
SEC. 2. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
(a) In General.--Title VI of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591) is amended by adding at the end the following:
``SEC. 602. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
``(a) Definitions.--In this section:
``(1) Chief.--The term `Chief' means the Chief of the
Forest Service.
``(2) Director.--The term `Director' means the Director of
the Bureau of Land Management.
``(b) Projects.--The Chief and the Director, via agreement or
contract as appropriate, may enter into stewardship contracting
projects with private persons or other public or private entities to
perform services to achieve land management goals for the national
forests and public lands that meet local and rural community needs.
``(c) Land Management Goals.--The land management goals of a
project under subsection (b) 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.
``(d) Agreements or Contracts.--
``(1) Procurement procedure.--A source for performance of
an agreement or contract under subsection (b) shall be selected
on a best-value basis, including consideration of source under
other public and private agreements or contracts.
``(2) Contract for sale of property.--A contract entered
into under this section may, at the discretion of the Secretary
of Agriculture, be considered a contract for the sale of
property under such terms as the Secretary may prescribe
without regard to any other provision of law.
``(3) Term.--
``(A) In general.--Except as provided in
subparagraph (B), the Chief and the Director may enter
into a contract under subsection (b) in accordance with
section 3903 of title 41, United States Code.
``(B) Maximum.--The period of the contract under
subsection (b) may exceed 5 years but may not exceed 10
years.
``(4) Offsets.--
``(A) In general.--The Chief and the Director may
apply the value of timber or other forest products
removed as an offset against the cost of services
received under the agreement or contract described in
subsection (b).
``(B) Methods of appraisal.--The value of timber or
other forest products used as an offset under
subparagraph (A)--
``(i) shall be determined using appropriate
methods of appraisal commensurate with the
quantity of products to be removed; and
``(ii) may--
``(I) be determined using a unit of
measure appropriate to the contracts;
and
``(II) may include valuing products
on a per-acre basis.
``(5) 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 an agreement
or contract under subsection (b).
``(6) Contracting officer.--Notwithstanding any other
provision of law, the Secretary or the Secretary of the
Interior may determine the appropriate contracting officer to
enter into and administer an agreement or contract under
subsection (b).
``(e) Receipts.--
``(1) In general.--The Chief and the Director may collect
monies from an agreement or contract under subsection (b) if
the collection is a secondary objective of negotiating the
contract that will best achieve the purposes of this section.
``(2) Use.--Monies from an agreement or contract under
subsection (b)--
``(A) may be retained by the Chief and the
Director; and
``(B) shall be available for expenditure without
further appropriation at the project site from which
the monies are collected or at another project site.
``(3) Relation to other laws.--
``(A) In general.--Notwithstanding any other
provision of law, the value of services received by the
Chief or the Director under a stewardship contract
project conducted under this section, and any payments
made or resources provided by the contractor, Chief, or
Director shall not be considered monies received from
the National Forest System or the public lands.
``(B) Knutson-vanderberg act.--The Act of June 9,
1930 (commonly known as the `Knutson-Vanderberg Act')
(16 U.S.C. 576 et seq.) shall not apply to any
agreement or contract under subsection (b).
``(f) Costs of Removal.--Notwithstanding the fact that a contractor
did not harvest the timber, the Chief may collect deposits from a
contractor covering the costs of removal of timber or other forest
products under--
``(1) the Act of August 11, 1916 (16 U.S.C. 490); and
``(2) and the Act of June 30, 1914 (16 U.S.C. 498).
``(g) Performance and Payment Guarantees.--
``(1) In general.--The Chief and the Director 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 contract under subsection (b).
``(2) Excess offset value.--If the offset value of the
forest products exceeds the value of the resource improvement
treatments, the Chief and the Director may--
``(A) collect any residual receipts under the Act
of June 9, 1930 (commonly known as the `Knutson-
Vanderberg Act') (16 U.S.C. 576 et seq.); and
``(B) apply the excess to other authorized
stewardship projects.
``(h) Monitoring and Evaluation.--
``(1) In general.--The Chief and the Director shall
establish a multiparty monitoring and evaluation process that
accesses the stewardship contracting projects conducted under
this section.
``(2) Participants.--Other than the Chief and Director,
participants in the process described in paragraph (1) may
include--
``(A) any cooperating governmental agencies,
including tribal governments; and
``(B) any other interested groups or individuals.
``(i) Reporting.--Not later than 1 year after the date of enactment
of this section, and annually thereafter, the Chief and the Director
shall report to the Committee on Agriculture, Nutrition, and Forestry
of the Senate and the Committee on Agriculture of the House of
Representatives on--
``(1) the status of development, execution, and
administration of agreements or contracts under subsection (b);
``(2) the specific accomplishments that have resulted; and
``(3) the role of local communities in the development of
agreements or contract plans.''.
(b) Conforming Amendment.--Section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104
note; Public Law 105-277) is repealed. | Permanent Stewardship Contracting Authority Act of 2013 - Amends the Healthy Forests Restoration Act of 2003 to authorize the Forest Service and the Bureau of Land Management (BLM) to enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and public lands that meet local and rural community needs. 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. Repeals a section of the Department of the Interior and Related Agencies Appropriations Act, 1999 that provides for forest health protection. | {"src": "billsum_train", "title": "Permanent Stewardship Contracting Authority Act of 2013"} | 1,756 | 249 | 0.70569 | 2.005723 | 0.837548 | 7.792793 | 7.193694 | 0.972973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Centennial of Flight Commemoration
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) December 17, 2003, is the 100th anniversary of the 1st
successful manned, controlled, heavier-than-air, powered
flight;
(2) the First Flight by Orville and Wilbur Wright
represents the fulfillment of the age-old dream of flying;
(3) the airplane has dramatically changed the course of
transportation, commerce, communication, and warfare throughout
the world;
(4) the achievement by the Wright brothers was a triumph of
American ingenuity, inventiveness, and diligence in developing
new technologies, and remains an inspiration for all Americans;
(5) it is appropriate to remember and renew the legacy of
the Wright brothers at a time when the values of creativity and
daring represented by the Wright brothers are critical to the
future of the Nation; and
(6) as the Nation approaches the 100th anniversary of the
First Flight, it is appropriate to celebrate and commemorate
the anniversary through local, national, and international
observances and activities.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the Centennial of
Flight Commission.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 25
members, as follows:
(A) The Librarian of Congress, or a designee.
(B) The Archivist of the United States, or a
designee.
(C) The Secretary of the Interior, or a designee.
(D) The Director of the National Air and Space
Museum, or a designee.
(E) The Secretary of Education, or a designee.
(F) The Secretary of Defense, or a designee.
(G) The Secretary of Transportation, or a designee.
(H) The Governor of the State of North Carolina, or
a designee.
(I) The Governor of the State of Ohio, or a
designee.
(J) The Executive Director of the 2003 Committee,
or a designee.
(K) The President of the First Flight Society, or a
designee.
(L) The Mayor of Kill Devil Hills, North Carolina.
(M) The Mayor of Dayton, Ohio.
(N) 12 citizens of the United States, appointed by
the President, who are not officers or employees of any
government, except to the extent that they are
considered to be such officers or employees by virtue
of their membership on the Commission.
(2) Appointments by president.--Of the individuals referred
to in paragraph (1)(N)--
(1) 2 shall be chosen from among persons
recommended by the majority leader of the Senate in
consultation with the minority leader of the Senate;
(2) 2 shall be chosen from among persons
recommended by the Speaker of the House of
Representatives in consultation with the minority
leader of the House of Representatives; and
(3) 8 shall be chosen based on qualifications or
experience in the field of history, aerospace science
or industry, or any other profession that would enhance
the work of the Commission and assist in commemorating
the accomplishments of the Wright brothers.
(b) Time of Appointment.--Each member of the Commission shall be
appointed not later than 90 days after the date of the enactment of
this Act.
(c) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
(d) Vacancies.--Any vacancy in the Commission shall be filled in
the same manner in which the original appointment was made.
(e) Compensation.--
(1) Prohibition of pay.--Except as provided in paragraph
(2), members of the Commission shall serve without pay.
(2) Travel expenses.--Each member of the Commission may
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(f) Quorum.--13 members of the Commission shall constitute a
quorum.
(g) Chairperson.--The President shall designate 1 of the
individuals appointed under subsection (a)(1)(N) as the chairperson of
the Commission.
(h) Meetings.--The Commission shall meet at the call of its
chairperson or a majority of its members.
SEC. 5. DUTIES.
(a) In General.--The Commission shall--
(1) plan and develop, in coordination with the First Flight
Society, the 2003 Committee, the First Flight Centennial
Commission of North Carolina, and the Ohio Wright-Dunbar State
Heritage Commission, programs and activities that are
appropriate to commemorate the 100th anniversary of the First
Flight;
(2) maintain a calendar or register of programs and
projects concerning, and provide a central clearinghouse for
information and coordination regarding, dates, events, places,
documents, artifacts, and personalities of historical and
commemorative significance regarding aviation history in
general and the First Flight in particular;
(3) coordinate activities with other countries regarding
aviation history in general and the First Flight in particular,
and promote participation by the United States in such
activities;
(4) encourage participation in commemoration of the First
Flight by persons and entities including--
(A) aerospace manufacturing companies;
(B) aerospace-related military organizations;
(C) workers employed in aerospace-related
industries;
(D) commercial aviation companies;
(E) general aviation owners and pilots;
(F) aerospace researchers, instructors, and
enthusiasts;
(G) elementary, secondary, and higher educational
institutions;
(H) civil, patriotic, educational, sporting, arts,
cultural, and historical organizations and technical
societies;
(I) aerospace-related museums; and
(J) State and local governments;
(5) assist in conducting educational, civic, and
commemorative activities relating to the First Flight
throughout the United States, especially activities that occur
in the States of North Carolina and Ohio and that highlight the
activities of the Wright brothers in such States; and
(6) develop and coordinate any other activities that the
Commission determines to be appropriate relating to the
anniversary of the First Flight, which may include the
preparation, distribution, dissemination, exhibition, or sale
of historical, commemorative, or informative materials or
objects, produced by the Commission, that will contribute to
public awareness of and interest in the centennial of the First
Flight.
(b) Nonduplication of Activities.--The Commission shall attempt to
plan and conduct its activities in such a manner that activities
conducted pursuant to this Act enhance, but do not duplicate,
traditional and established activities of the 2003 Committee, the First
Flight Society, the First Flight Centennial Commission of North
Carolina, and the Ohio Wright-Dunbar State Heritage Commission.
SEC. 6. POWERS.
(a) Advisory Committees.--
(1) In general.--The Commission may appoint any advisory
committee that it determines to be necessary to carry out this
Act.
(2) Prohibition of pay other than travel expenses.--Members
of an advisory committee authorized by paragraph (1) may
receive pay and travel expenses to the same extent that members
of the Commission may receive pay and travel expenses under
section (4)(e).
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take under this Act.
(c) Authority To Procure and To Make Legal Agreements.--
(1) In general.--The Commission may procure supplies,
services, and property, and make or enter into leases and other
legal agreements, in order to carry out this Act.
(2) Restriction.--A contract, lease, or other legal
agreement made or entered into by the Commission may not extend
beyond the date of the termination of the Commission.
(3) Supplies and property possessed by commission at
termination.--Any supplies and property, except historically
significant items, that are acquired by the Commission under
this Act and remain in the possession of the Commission on the
date of the termination of the Commission shall become the
property of the General Services Administration upon the date
of the termination.
(d) Requests for Official Information.--The Commission may request
from any Federal department or agency information necessary to enable
the Commission to carry out this Act. The head of the Federal
department or agency shall furnish the information to the Commission
unless the release of the information by the department or agency to
the public is prohibited by law.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as any other Federal agency.
SEC. 7. STAFF AND SUPPORT SERVICES.
(a) Executive Director.--The chairperson of the Commission, with
the advice of the Commission, shall appoint an executive director of
the Commission. The executive director may be paid at a rate not to
exceed the maximum rate of basic pay payable for the Senior Executive
Service.
(b) Staff.--The Commission may appoint and fix the pay of any
additional personnel that it considers appropriate, except that an
individual appointed under this subsection may not receive pay in
excess of the maximum rate of basic pay payable for GS-14 of the
General Schedule.
(c) Inapplicability of Certain Civil Service Laws.--The executive
director and staff of the Commission may be appointed without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title, relating to classification and General Schedule pay rates,
except as provided in subsections (a) and (b) of this section.
(d) Staff of Federal Agencies.--Upon request by the chairperson of
the Commission, the head of any Federal department or agency may
detail, on a nonreimbursable basis, any of the personnel of the
department or agency to the Commission to assist the Commission to
carry out its duties under this Act.
(e) Experts and Consultants.--The chairperson of the Commission may
procure temporary and intermittent services under section 3109(b) of
title 5, United States Code, at a rate that does not exceed the daily
equivalent of the annual rate of basic pay payable under Level V of the
Executive Schedule under section 5316 of such title.
(f) Administrative Support Services.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, any
administrative support services that are necessary to enable the
Commission to carry out this Act.
SEC. 8. CONTRIBUTIONS.
(a) Donations.--
(1) In general.--The Commission may accept donations of
money, personal services, and real or personal property,
including books, manuscripts, memorabilia, relics, objects, and
other materials that are related to the Wright brothers or the
history of aviation.
(2) Donated funds.--Any funds donated to the Commission may
be used by the Commission to carry out this Act. Funds donated
to and accepted by the Commission pursuant to this section
shall not be considered to be appropriated funds and shall not
be subject to any requirements or restrictions applicable to
appropriated funds.
(b) Volunteer Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept and use voluntary and
uncompensated services as the Commission determines necessary.
(c) Remaining Funds.--Any donated funds remaining to the Commission
on the date of the termination of the Commission may be used to ensure
the proper disposition, as specified in the final report required by
section 10(b), of historically significant property donated to or
acquired by the Commission. Any such donated funds remaining after such
disposition shall be transferred to the Secretary of the Treasury for
deposit into the general fund of the Treasury of the United States.
SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, SEALS, AND MARKS.
(a) In General.--The Commission may devise any logo, emblem, seal,
or descriptive or designating mark that is required to carry out its
duties or that it determines is appropriate for use in connection with
the commemoration of the First Flight. The Commission shall have the
sole and exclusive right to use, or to allow or refuse the use of, the
name ``Centennial of Flight Commission'' or any logo, emblem, seal, or
descriptive or designating mark that the Commission lawfully adopts.
(b) Effect on Other Rights.--No provision of this section may be
construed to conflict or interfere with established or vested rights.
SEC. 10. REPORTS.
(a) Annual Report.--In each fiscal year in which the Commission is
in existence, the Commission shall prepare and submit to the Congress a
report describing the activities of the Commission during the fiscal
year. Each annual report shall also include--
(1) recommendations regarding appropriate activities to
commemorate the centennial of the First Flight, including--
(A) the production, publication, and distribution
of books, pamphlets, films, and other educational
materials;
(B) bibliographical and documentary projects and
publications;
(C) conferences, convocations, lectures, seminars,
and other similar programs;
(D) the development of exhibits for libraries,
museums, and other appropriate institutions;
(E) ceremonies and celebrations commemorating
specific events that relate to the history of aviation;
(F) programs focusing on the history of aviation
and its benefits to the United States and humankind;
and
(G) competitions, commissions, and awards regarding
historical, scholarly, artistic, literary, musical, and
other works, programs, and projects related to the
centennial of the First Flight;
(2) recommendations to appropriate agencies or advisory
bodies regarding the issuance of commemorative coins, medals,
and stamps by the United States relating to aviation or the
First Flight;
(3) recommendations for any legislation or administrative
action that the Commission determines to be appropriate
regarding the commemoration of the First Flight; and
(4) an accounting of funds received and expended by the
Commission in the fiscal year that the report concerns,
including a detailed description of the source and amount of
any funds donated to the Commission in the fiscal year.
(b) Final Report.--Not later than June 30, 2004, the Commission
shall submit to the President and the Congress a final report. The
final report shall contain--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by
the Commission;
(3) any findings and conclusions of the Commission; and
(4) specific recommendations concerning the final
disposition of any historically significant items acquired by
the Commission, including items donated to the Commission under
section 8(a)(1).
SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.
(a) In General.--The Inspector General of the General Services
Administration shall audit the financial transactions of the
Commission, including financial transactions involving donated funds,
in accordance with generally accepted auditing standards. In conducting
an audit pursuant to this section, the Inspector General shall have
access to all books, accounts, financial records, reports, files, and
other papers, items, or property in use by the Commission, as necessary
to facilitate the audit, and shall be afforded full facilities for
verifying the financial transactions of the Commission, including
access to any financial records or securities held for the Commission
by depositories, fiscal agents, or custodians.
(b) Report.--Not later than September 31, 2004, the Inspector
General of the General Services Administration shall submit to the
President and to the Congress a report detailing the results of any
audit of the financial transactions of the Commission conducted by the
Inspector General.
SEC. 12. DEFINITIONS.
For purposes of this Act:
(1) The term ``Commission'' means the Centennial of Flight
Commission.
(2) The term ``First Flight'' means the 1st successful
manned, controlled, heavier-than-air, powered flight, which was
accomplished by Orville and Wilbur Wright on December 17, 1903.
SEC. 13. TERMINATION.
The Commission shall terminate not later than 60 days after the
submission of the final report required by section 10(b).
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$500,000 for each of the fiscal years 1995 through 2004.
HR 5077 IH----2 | Centennial of Flight Commemoration Act - Establishes the Centennial of Flight Commission to commemorate the first manned airplane flight by the Wright brothers. Authorizes appropriations. | {"src": "billsum_train", "title": "Centennial of Flight Commemoration Act"} | 3,527 | 43 | 0.446484 | 1.079722 | 0.80284 | 2.464286 | 120 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Steel Industry Preservation Act''.
SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR STEEL INDUSTRY FUEL.
(a) Credit Period.--
(1) In general.--Subclause (II) of section 45(e)(8)(D)(ii)
of the Internal Revenue Code of 1986 is amended to read as
follows:
``(II) Credit period.--In lieu of
the 10-year period referred to in
clauses (i) and (ii)(II) of
subparagraph (A), the credit period
shall be the period beginning on the
first date that the facility first
produces steel industry fuel that is
sold to an unrelated person after the
date of the enactment of the Steel
Industry Preservation Act, and ending
10 years after such first date.''.
(2) Conforming amendment.--Section 45(e)(8)(D) of such Code
is amended by striking clause (iii) and by redesignating clause
(iv) as clause (iii).
(b) Extension of Placed-in-Service Date.--Subparagraph (A) of
section 45(d)(8) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``(or any modification to a facility)'';
(2) by striking ``placed in service before'' and inserting
``placed in service--
``(i) before'';
(3) by striking ``and'' at the end and inserting ``or'';
and
(4) by adding at the end the following new clause:
``(ii) after the date of the enactment of
this clause and before January 1, 2019, and''.
(c) Clarifications.--
(1) Steel industry fuel.--Subclause (I) of section
45(c)(7)(C)(i) of the Internal Revenue Code of 1986 is amended
by inserting ``, or a blend of coal and petroleum coke, or
other coke feedstock'' after ``on coal''.
(2) Ownership interest.--Section 45(d)(8) of such Code is
amended by adding at the end the following new flush sentence:
``With respect to a facility producing steel industry fuel, no
person (including a ground lessor, customer, supplier, or
technology licensor) shall be treated as having an ownership
interest in the facility or as otherwise entitled to the credit
allowable under this section with respect to such facility if
such person's rent, license fee, or other entitlement to net
payments from the owner of such facility is measured by a fixed
dollar amount or a fixed amount per ton, or otherwise
determined without regard to the profit or loss of such
facility.''.
(3) Production and sale.--Subparagraph (D) of section
45(e)(8) of such Code, as amended by subsection (a)(2), is
amended by redesignating clause (iii) as clause (iv) and by
inserting after clause (ii) the following new clause:
``(iii) Production and sale.--The owner of
a facility producing steel industry fuel shall
be treated as producing and selling steel
industry fuel where that owner manufactures
such steel industry fuel from coal, a blend of
coal and petroleum coke, or other coke
feedstock to which it has title. The sale of
such steel industry fuel by the owner of the
facility to a person who is not the owner of
the facility shall not fail to qualify as a
sale to an unrelated person solely because such
purchaser may also be a ground lessor,
supplier, or customer.''.
(d) Election To Increase Credit in Lieu of Steel Industry Fuel
Deductions.--Paragraph (8) of section 45(e) is amended by adding at the
end the following new subparagraph:
``(E) Election for increased credit in lieu of
deductions for steel industry fuel.--In the case of a
taxpayer who produces steel industry fuel--
``(i) In general.--At the election of the
taxpayer--
``(I) no deduction shall be allowed
with respect to expenses made in
connection with the production and sale
of steel industry for such taxable year
which are otherwise deductible under
this chapter (determined without regard
to this subparagraph),
``(II) no expense made in
connection with the production of and
sale of steel industry fuel which is
otherwise chargeable to capital account
in such taxable year shall be so
charged, and
``(III) the credit determined under
this section (without regard to this
subparagraph) for such taxable year
shall be increased by an amount equal
to the product of the sum of the
amounts to which subclauses (I) and
(II) apply and the maximum rate of tax
applicable under section 1 or 11
(b)(1), as applicable to the taxpayer
in such taxable year.
``(ii) Application to partnerships and s
corporations.--In the case of a partnership or
S corporation, the election shall be made at
the partnership or S corporation level.
``(iii) Election.--An election under this
subparagraph for any taxable year shall be made
not later than the time for filing the return
of tax for such year (including extensions), in
such manner as the Secretary may prescribe.
Such an election, once made, shall be
irrevocable.''.
(e) Specified Credit for Purposes of Alternative Minimum Tax
Exclusion.--Subclause (II) of section 38(c)(4)(B)(iv) of the Internal
Revenue Code of 1986 is amended by inserting ``(in the case of a
refined coal production facility producing steel industry fuel, during
the credit period set forth in section 45(e)(8)(D)(ii)(II))'' after
``service''.
(f) Application of Certain Rules to Steel Industry Fuel.--
(1) Activity not engaged in for profit.--Section 183 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subsection:
``(f) Exception.--This section shall not apply to any deduction
with respect to the production of steel industry fuel (as defined in
section 45(c)(7)(C)).''.
(2) Application of economic substance doctrine.--
(A) In general.--Subsection (o) of section 7701 of
the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(6) Non-application to steel industry fuel.--The economic
substance doctrine shall not apply to any transaction to the
extent such transaction relates to steel industry fuel (as
defined in section 45(c)(7)(C)).''.
(B) Conforming amendment.--Paragraph (5)(C) of
section 7701(o) of such Code is amended by striking
``The determination'' and inserting ``Except as
provided in paragraph (6), the determination''.
(g) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to fuel produced
and sold after the date of the enactment of this Act, in
taxable years ending after such date.
(2) Application of economic substance rules.--The
amendments made by subsection (f)(2) shall apply to
transactions entered into after the date of the enactment of
this Act. | Steel Industry Preservation Act This bill amends the Internal Revenue Code to extend and modify the production tax credit for steel industry fuel. (Under current law, steel industry fuel is a fuel which is: (1) produced through a process of liquefying coal waste sludge and distributing it on coal, and (2) used as a feedstock for the manufacture of coke.) The bill modifies the tax credit for steel industry fuel to: extend the credit period and the placed-in-service date, revise the definition of "steel industry fuel" to allow blends of coal and petroleum coke or other coke feedstock in the fuel, set forth ownership requirements, and specify requirements for treating an owner as producing and selling steel industry fuel. A taxpayer that produces steel industry fuel may elect to accept an increased tax credit in lieu of certain deductions for expenses in connection with the production of steel industry fuel. The bill specifies the treatment of the credit for the purpose of the alternative minimum tax. It also exempts transactions related to steel industry fuel from rules that restrict deductions and other tax benefits for activities that are not engaged in for profit or that do not have economic substance. | {"src": "billsum_train", "title": "Steel Industry Preservation Act"} | 1,657 | 255 | 0.587174 | 1.62579 | 0.743181 | 2.034188 | 6.183761 | 0.786325 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Filipino Veterans' Benefits
Improvements Act of 2001''.
SEC. 2. RATE OF PAYMENT OF CERTAIN BENEFITS FOR NEW PHILIPPINE SCOUTS
RESIDING IN THE UNITED STATES.
(a) Redesignation of Provisions.--Section 107 of title 38, United
States Code, is amended--
(1) in the second sentence of subsection (a), by striking
``subsection (c)'' and inserting ``subsections (c) and (d)'';
and
(2) by designating subsection (c), as added by section
332(a)(2) of the Veterans Benefits and Health Care Improvement
Act of 2000 (Public Law 106-419; 114 Stat. 1856), as subsection
(d).
(b) Rate of Payment.--That section is further amended--
(1) in the second sentence of subsection (b), by striking
``Payments'' and inserting ``Except as provided in subsection
(c), payments''; and
(2) in subsection (c), as added by section 501(a) of H.R.
5482 of the 106th Congress (as enacted by Public Law 106-377
(114 Stat. 1441A-55))--
(A) by inserting ``or (b)'' after ``subsection
(a)'' the first place it appears; and
(B) by striking ``subsection (a)'' the second place
it appears and inserting ``the applicable subsection''.
(c) Effective Date.--The amendments made by subsection (b) shall
take effect on the date of enactment of this Act, and shall apply to
benefits paid for months beginning on or after that date.
SEC. 3. RATE OF PAYMENT OF DEPENDENCY AND INDEMNITY COMPENSATION FOR
SURVIVING SPOUSES OF CERTAIN FILIPINO VETERANS.
(a) Rate of Payment.--Subsection (c) of section 107 of title 38,
United States Code, as added by section 501(a) of H.R. 5482 of the
106th Congress (as enacted by Public Law 106-377 (114 Stat. 1441A-55))
and amended by section 2 of this Act, is further amended by inserting
``, and under chapter 13 of this title,'' after ``chapter 11 of this
title''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act, and shall apply to
benefits paid for months beginning on or after that date.
SEC. 4. ELIGIBILITY OF CERTAIN FILIPINO VETERANS FOR DISABILITY
PENSION.
(a) Eligibility.--Section 107 of title 38, United States Code, as
amended by this Act, is further amended--
(1) in subsection (a)--
(A) in paragraph (3) of the first sentence, by
inserting ``15,'' before ``23,''; and
(B) in the second sentence, by striking
``subsections (c) and (d)'' and inserting ``subsections
(c), (d), and (e)''; and
(2) in subsection (b)--
(A) by striking paragraph (2) of the first sentence
and inserting the following new paragraph (2):
``(2) chapters 11, 13 (except section 1312(a)), and 15 of
this title.''; and
(B) in the second sentence, by striking
``subsection (c)'' and inserting ``subsections (c) and
(e)''.
(b) Rate of Payment.--That section is further amended by adding at
the end the following new subsection:
``(e) In the case of benefits under chapter 15 of this title paid
by reason of service described in subsection (a) or (b), if--
``(1) the benefits are paid to an individual residing in
the United States who is a citizen of, or an alien lawfully
admitted for permanent residence in, the United States, the
second sentence of the applicable subsection shall not apply;
and
``(2) the benefits are paid to an individual residing in
the Republic of the Philippines, the benefits shall be paid
(notwithstanding any other provision of law) at the rate of
$100 per month.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act, and shall apply to
benefits for months beginning on or after that date.
SEC. 5. ELIGIBILITY OF FILIPINO VETERANS FOR HEALTH CARE IN THE UNITED
STATES.
The text of section 1734 of title 38, United States Code, is
amended to read as follows:
``The Secretary, within the limits of Department facilities, shall
furnish hospital and nursing home care and medical services to
Commonwealth Army veterans and new Philippine Scouts in the same manner
as provided for under section 1710 of this title.''.
SEC. 6. OUTPATIENT HEALTH CARE FOR VETERANS RESIDING IN THE
PHILIPPINES.
(a) In General.--Subchapter IV of chapter 17 of title 38, United
States Code, is amended--
(1) by redesignating section 1735 as section 1736; and
(2) by inserting after section 1734 the following new
section 1735:
``Sec. 1735. Outpatient care and services for World War II veterans
residing in the Philippines
``(a) Outpatient Health Care.--The Secretary shall furnish care and
services to veterans of World War II, Commonwealth Army veterans, and
new Philippine Scouts for the treatment of the service-connected
disabilities and nonservice-connected disabilities of such veterans and
scouts residing in the Republic of the Philippines on an outpatient
basis at the Manila VA Outpatient Clinic.
``(b) Limitations.--(1) The amount expended by the Secretary for
the purpose of subsection (a) in any fiscal year may not exceed
$500,000.
``(2) The authority of the Secretary to furnish care and services
under subsection (a) is effective in any fiscal year only to the extent
that appropriations are available for that purpose.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by striking the item relating to
section 1735 and inserting after the item relating to section 1734 the
following new items:
``1735. Outpatient care and services for World War II veterans residing
in the Philippines.
``1736. Definitions.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Filipino Veterans' Benefits Improvements Act of 2001 - Redesignates provisions of Federal law which authorize: (1) payment of compensation for the service-connected disability of members of the Philippine Commonwealth Army who served with U.S. armed forces during World War II and who now are U.S. citizens or lawfully reside in the United States; and (2) hospital and nursing home care and medical services for such veterans and new Philippine Scouts in the same manner as U.S. veterans. Limits the disability pension to $100 per month for such veterans who reside in the Philippines.Directs the Secretary of Veterans Affairs to furnish care and services to veterans of World War II, Commonwealth Army veterans, and new Philippine Scouts for the treatment of service-connected disabilities and non-service connected disabilities of such veterans and scouts residing in the Philippines on an outpatient basis at the Manila VA Outpatient Clinic. Limits to $500,000 the amount to be expended during a fiscal year for such services. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to improve benefits for Filipino veterans of World War II, and for other purposes."} | 1,540 | 208 | 0.526716 | 1.471054 | 0.591371 | 3.78022 | 7.351648 | 0.879121 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Reduce and End our
Deficits Using Commonsense Eliminations in the Agriculture Program
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Termination of Federal commodity storage payments on behalf of
cotton and peanut producers.
Sec. 3. Termination of Forest Service Economic Action Program.
Sec. 4. Termination of authority to provide grants to manufacturers of
worsted wool fabrics.
Sec. 5. Termination of Department of Agriculture health care services
program for the Delta region.
Sec. 6. Termination of authority to provide energy generation,
transmission, and distribution facilities
efficiency grants and loans in rural
communities with extremely high energy
costs.
Sec. 7. Revised adjusted gross income limitations for receipt of direct
payments, counter-cyclical payments,
marketing loan gains, loan deficiency
payments, and other agricultural payments
or benefits.
Sec. 8. Imposition of new limits on payments to producers of certain
agricultural commodities.
Sec. 9. One percent reduction in payment acres for commodity programs.
Sec. 10. Reduction in funding for market access program.
Sec. 11. Reduction in reimbursement rate paid to private insurance
companies under crop insurance program.
Sec. 12. Prohibition on timber sales in the Southwestern, Pacific
Southwest, and Alaska regions of the
National Forest System, where Federal
expenditures for sales have been
significantly higher than offsetting
receipts.
SEC. 2. TERMINATION OF FEDERAL COMMODITY STORAGE PAYMENTS ON BEHALF OF
COTTON AND PEANUT PRODUCERS.
(a) Cotton.--Section 1204 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8734) is amended by striking subsection (g).
(b) Peanuts.--Section 1307(a) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8757(a)) is amended by striking paragraph (6).
SEC. 3. TERMINATION OF FOREST SERVICE ECONOMIC ACTION PROGRAM.
The Secretary of Agriculture shall terminate the Economic Action
Program administered by the Forest Service, which provides technical
and financial assistance to communities and groups to enhance rural
economies through the utilization of forest and related natural
resources.
SEC. 4. TERMINATION OF AUTHORITY TO PROVIDE GRANTS TO MANUFACTURERS OF
WORSTED WOOL FABRICS.
Section 4002(c) of the Wool Suit and Textile Trade Extension Act of
2004 (Public Law 108-429; 7 U.S.C. 7101 note) is amended by striking
paragraph (6).
SEC. 5. TERMINATION OF DEPARTMENT OF AGRICULTURE HEALTH CARE SERVICES
PROGRAM FOR THE DELTA REGION.
Section 379G of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008u) is repealed.
SEC. 6. TERMINATION OF AUTHORITY TO PROVIDE ENERGY GENERATION,
TRANSMISSION, AND DISTRIBUTION FACILITIES EFFICIENCY
GRANTS AND LOANS IN RURAL COMMUNITIES WITH EXTREMELY HIGH
ENERGY COSTS.
Section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a)
is repealed.
SEC. 7. REVISED ADJUSTED GROSS INCOME LIMITATIONS FOR RECEIPT OF DIRECT
PAYMENTS, COUNTER-CYCLICAL PAYMENTS, MARKETING LOAN
GAINS, LOAN DEFICIENCY PAYMENTS, AND OTHER AGRICULTURAL
PAYMENTS OR BENEFITS.
(a) Non-Farm Income Limitation for Commodity Programs.--Section
1001D(b)(1)(A) of the Food Security Act of 1985 (7 U.S.C. 1308-
3a(b)(1)(A)) is amended by striking ``$500,000'' and inserting ``the
following:
``(i) $500,000, during the 2009 through
2010 crop, program, or fiscal years, as
appropriate.
``(ii) $420,000, during the 2011 crop,
program, or fiscal year, as appropriate.
``(iii) $340,000, during the 2012 crop,
program, or fiscal year, as appropriate.
``(iv) $250,000, during the 2013 and
subsequent crop, program, or fiscal years, as
appropriate.''.
(b) Farm Income Limitation for Direct Payments.--Section
1001D(b)(1)(B) of the Food Security Act of 1985 (7 U.S.C. 1308-
3a(b)(1)(B)) is amended by striking ``$750,000'' and inserting ``the
following:
``(i) $750,000, during the 2009 through
2010 crop years.
``(ii) $670,000, during the 2011 crop year.
``(iii) $590,000, during the 2012 crop
year.
``(iv) $500,000, during the 2013 and
subsequent crop years.''.
(c) Non-Farm Income Limitation for Conservation Programs.--Section
1001D(b)(2)(A) of the Food Security Act of 1985 (7 U.S.C. 1308-
3a(b)(2)(A)) is amended--
(1) in clause (i), by striking ``$1,000,000'' and inserting
``the amount specified in clause (iii)''; and
(2) by adding at the end the following new clause:
``(iii) Declining limitation amounts.--For
purposes of clause (i), the following average
adjusted gross non-farm income limitations
apply:
``(I) $1,000,000, during the 2009
through 2010 crop, program, or fiscal
years, as appropriate.
``(II) $920,000, during the 2011
crop, program, or fiscal year, as
appropriate.
``(III) $840,000, during the 2012
crop, program, or fiscal year, as
appropriate.
``(IV) $750,000, during the 2013
and subsequent crop, program, or fiscal
years, as appropriate.''.
SEC. 8. IMPOSITION OF NEW LIMITS ON PAYMENTS TO PRODUCERS OF CERTAIN
AGRICULTURAL COMMODITIES.
(a) Covered Commodities Generally.--
(1) Direct payments.--Section 1001(b)(1)(A) of the Food
Security Act of 1985 (7 U.S.C. 1308(b)(1)(A)) is amended by
striking ``$40,000'' and inserting ``$20,000''.
(2) Counter-cyclical payments.--Section 1001(b)(2) of the
Food Security Act of 1985 (7 U.S.C. 1308(b)(2)) is amended by
striking ``$65,000'' and inserting ``$32,500''.
(3) ACRE and counter-cyclical payments.--Section
1001(b)(3)(A) of the Food Security Act of 1985 (7 U.S.C.
1308(b)(3)(A)) is amended by striking ``$65,000'' and inserting
``$32,500''.
(b) Peanuts.--
(1) Direct payments.--Section 1001(c)(1)(A) of the Food
Security Act of 1985 (7 U.S.C. 1308(c)(1)(A)) is amended by
striking ``$40,000'' and inserting ``$20,000''.
(2) Counter-cyclical payments.--Section 1001(c)(2) of the
Food Security Act of 1985 (7 U.S.C. 1308(c)(2)) is amended by
striking ``$65,000'' and inserting ``$32,500''.
(3) ACRE and counter-cyclical payments.--Section
1001(c)(3)(A) of the Food Security Act of 1985 (7 U.S.C.
1308(c)(3)(A)) is amended by striking ``$65,000'' and inserting
``$32,500''.
SEC. 9. ONE PERCENT REDUCTION IN PAYMENT ACRES FOR COMMODITY PROGRAMS.
(a) Covered Commodities Generally.--Section 1001 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8702) is amended by
striking paragraph (11) and inserting the following new paragraph:
``(11) Payment acres.--The term `payment acres' means--
``(A) in the case of direct payments--
``(i) for each of the 2009 and 2010 crop
years, 83.3 percent of the base acres for the
covered commodity on a farm on which direct
payments are made;
``(ii) for the 2011 crop year, 82.3 percent
of the base acres for the covered commodity on
a farm on which direct payments are made; and
``(iii) for the 2012 crop year, 84 percent
of the base acres for the covered commodity on
a farm on which direct payments are made; and
``(B) in the case of counter-cyclical payments--
``(i) for each of the 2009 and 2010 crop
years, 85 percent of the base acres for the
covered commodity on a farm on which counter-
cyclical payments are made; and
``(ii) for each of the 2011 and 2012 crop
years, 84 percent of the base acres for the
covered commodity on a farm on which counter-
cyclical payments are made.''.
(b) Peanuts.--Section 1301 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8751) is amended by striking paragraph (5) and
inserting the following new paragraph:
``(5) Payment acres.--The term `payment acres' means--
``(A) in the case of direct payments--
``(i) for each of the 2009 and 2010 crop
years, 83.3 percent of the base acres of
peanuts on a farm on which direct payments are
made;
``(ii) for the 2011 crop year, 82.3 percent
of the base acres of peanuts on a farm on which
direct payments are made; and
``(iii) for the 2012 crop year, 84 percent
of the base acres of peanuts on a farm on which
direct payments are made; and
``(B) in the case of counter-cyclical payments--
``(i) for each of the 2009 and 2010 crop
years, 85 percent of the base acres of peanuts
on a farm on which counter-cyclical payments
are made; and
``(ii) for each of the 2011 and 2012 crop
years, 84 percent of the base acres of peanuts
on a farm on which counter-cyclical payments
are made.''.
SEC. 10. REDUCTION IN FUNDING FOR MARKET ACCESS PROGRAM.
Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7
U.S.C. 5641(c)(1)(A)) is amended by striking ``and $200,000,000 for
each of fiscal years 2008 through 2012'' and inserting ``$200,000,000
for each of fiscal years 2008 through 2010, and $160,000,000 for each
of fiscal years 2011 and 2012''.
SEC. 11. REDUCTION IN REIMBURSEMENT RATE PAID TO PRIVATE INSURANCE
COMPANIES UNDER CROP INSURANCE PROGRAM.
Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k))
is amended--
(1) in subparagraph (A), by striking clauses (i) and (ii)
and inserting the following new clauses:
``(i) for the 1998 reinsurance year, 27
percent of the premium used to define loss
ratio;
``(ii) for each of the 1999 through 2010
reinsurance years, 24.5 percent of the premium
used to define loss ratio; and
``(iii) for each of the 2011 and subsequent
reinsurance years, 20.9 percent of the premium
used to define loss ratio.'';
(2) by striking subparagraph (E); and
(3) by redesignating subparagraph (F) as subparagraph (E),
and in such subparagraph, by striking ``subparagraphs (A)
through (E)'' and inserting ``subparagraphs (A) through (D)''.
SEC. 12. PROHIBITION ON TIMBER SALES IN THE SOUTHWESTERN, PACIFIC
SOUTHWEST, AND ALASKA REGIONS OF THE NATIONAL FOREST
SYSTEM, WHERE FEDERAL EXPENDITURES FOR SALES HAVE BEEN
SIGNIFICANTLY HIGHER THAN OFFSETTING RECEIPTS.
The Secretary of Agriculture may not conduct, or authorize others
to conduct, any timber sale under section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a) in the Southwestern, Pacific
Southwest, or Alaska region of the National Forest System, where
Federal expenditures to support timber sales have been significantly
higher than offsetting receipts, until the Secretary certifies to
Congress that timber sales in the region will generate receipts at
least equal to Federal expenditures to support the sales. | Reduce and End our Deficits Using Commonsense Eliminations in the Agriculture Program Act - Amends the Food, Conservation, and Energy Act of 2008 to terminate cotton and peanut storage payments.
Directs the Secretary of Agriculture (USDA) to terminate the Forest Service's Economic Action Program.
Amends the Wool Suit and Textile Trade Extension Act of 2004 to terminate the grant program for manufacturers of worsted wool fabrics.
Amends the Consolidated Farm and Rural Development Act to terminate the Delta region health care services program.
Amends the Rural Electrification Act of 1936 to terminate the grant and loan program for energy generation, transmission, and distribution facilities efficiency in rural communities with extremely high energy costs.
Amends the Food Security Act of 1985 to revise income eligibility limitations for: (1) commodity program non-farm income; (2) direct payment farm income; and (3) conservation program non-farm income.
Reduces crop year payment limits for covered commodity and peanut: (1) direct payments; (2) counter-cyclical payments; and (3) average crop revenue election (ACRE)/counter-cyclical payments.
Amends the Food, Conservation, and Energy Act of 2008 to revise the definition of "payment acres" for covered commodity and peanut direct and counter-cyclical payments.
Amends the Agricultural Trade Act of 1978 to reduce additional FY2011 and FY2012 funding for the market access program.
Amends the Federal Crop Insurance Act to reduce the reimbursement rate beginning in FY2011 for private insurance providers under the crop insurance program.
Prohibits the Secretary from conducting timber sales in the Southwestern, Pacific Southwest, or Alaska region of the National Forest System where federal expenditures to support timber sales have been significantly higher than offsetting receipts until the Secretary certifies to Congress that timber sales in the region will generate receipts at least equal to supporting federal expenditures. | {"src": "billsum_train", "title": "To reduce deficits and government spending through the elimination of wasteful agriculture subsidies and programs."} | 3,041 | 396 | 0.674225 | 2.170363 | 0.811667 | 3.883523 | 6.855114 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Cats Conservation Act of
2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Many wild populations of felids, once considered common
are in decline, and many have declined to the point that their
long-term survival in the wild is in serious jeopardy.
(2) Of the 37 wild felid species worldwide, all are
currently recognized as species in need of protection under the
IUCN Red List, the lists of species in CITES appendices, or the
Endangered Species Act of 1973.
(3) In addition to their intrinsic value, felids are
important aesthetic, economic, and ecological global resources
that need to be conserved.
(4) Large felids are considered indicator species. Healthy
populations of these species act as an important indicator of
the integrity of entire ecosystems. Measures taken to benefit
these keystone species will ultimately benefit a great number
of other species.
(5) Endangered felids face an array of threats, including
loss of habitat, intentional and unintentional takings by
humans, disease transmission, and a vast number of other
threats. These threats need to be addressed in a coordinated
fashion.
(6) Conservation of endangered felid populations requires
global commitment. Adequate funding for conservation is sorely
lacking, and many range countries do not have adequate
infrastructure to protect these species.
(7) Although some protections exist to conserve endangered
felid populations and their habitat, those efforts can be
significantly enhanced by the infusion of targeted funding.
SEC. 3. PURPOSES.
The purposes of this Act are to provide financial resources and to
foster international cooperation--
(1) to restore and perpetuate healthy populations of great
cats in the wild; and
(2) to assist in the conservation of great cat populations
worldwide.
SEC. 4. DEFINITIONS.
In this Act:
(1) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS
8249), including its appendices.
(2) Conservation.--The term ``conservation''--
(A) means the methods and procedures necessary to
bring a species of great cats to the point at which
there are sufficient populations in the wild to ensure
the long-term viability of the species; and
(B) includes all activities associated with
protection and management of a great cat population,
including--
(i) maintenance, management, protection,
and restoration of great cat habitat;
(ii) research and monitoring;
(iii) law enforcement;
(iv) community outreach and education;
(v) conflict resolution initiatives; and
(vi) strengthening the capacity of local
communities, governmental agencies,
nongovernmental organizations and other
institutions to implement conservation
programs.
(3) Fund.--The term ``Fund'' means the Great Cats
Conservation Fund established by section 6.
(4) Great cat.--The term ``great cat'' means any lion,
leopard, jaguar, snow leopard, clouded leopard, cheetah, or
Spanish lynx.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5. GREAT CATS CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of funds and in
consultation with other appropriate Federal officials, the Secretary
shall use amounts in the Fund to provide financial assistance for
projects for the conservation of great cats for which project proposals
are approved by the Secretary in accordance with this section.
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a project for the
conservation of great cats may be submitted to the Secretary
by--
(A) any wildlife management authority of a country
that has within its boundaries any part of the range of
a great cat species; and
(B) any person or group with the demonstrated
expertise required for the conservation in the wild of
great cats.
(2) Project proposals.--To be considered for financial
assistance for a project under this Act, an applicant shall
submit a project proposal that includes--
(A) a concise statement of the purposes of the
project;
(B) the name of the individual responsible for
conducting the project;
(C) a description of the qualifications of the
individuals who will conduct the project;
(D) a concise description of--
(i) methods for project implementation and
outcome assessment;
(ii) staffing for the project;
(iii) the logistics of the project; and
(iv) community involvement in the project;
(E) an estimate of funds and time required to
complete the project;
(F) evidence of support for the project by
appropriate governmental entities of the countries in
which the project will be conducted, if the Secretary
determines that such support is required for the
success of the project;
(G) information regarding the source and amount of
matching funding available for the project; and
(H) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a
project proposal, provide a copy of the proposal to the
appropriate Federal officials; and
(B) review each project proposal in a timely manner
to determine if the proposal meets the criteria
specified in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to the
availability of funds, the Secretary, after consulting with
other appropriate Federal officials, shall--
(A) ensure the proposal contains assurances that
the project will be implemented in consultation with
relevant wildlife management authorities and other
appropriate government officials with jurisdiction over
the resources addressed by the project;
(B) approve or disapprove the proposal; and
(C) provide written notification of the approval or
disapproval to the person who submitted the proposal,
other appropriate Federal officials, and each country
within whose borders the project will take place.
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the project will contribute to
conservation of great cats in the wild by assisting efforts to--
(1) implement conservation programs;
(2) address the conflicts between humans and great cats
that arise from competition for the same habitat;
(3) enhance compliance with CITES and other applicable laws
that prohibit or regulate the taking or trade of great cats or
regulate the use and management of great cat habitat;
(4) develop sound scientific information on, or methods for
monitoring--
(A) the condition and health of great cat habitat;
and
(B) great cat population numbers and trends; or
(5) promote cooperative projects among government entities,
affected local communities, nongovernmental organizations, and
other persons in the private sector.
(e) Project Sustainability.--In approving project proposals under
this section, the Secretary shall give preference to conservation
projects that are designed to ensure effective, long-term conservation
of great cats and their habitats.
(f) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give preference to
projects for which matching funds are available.
(g) Project Reporting.--
(1) In general.--Each person that receives assistance under
this section for a project shall submit to the Secretary
periodic reports (at such intervals as the Secretary considers
necessary) that include all information that the Secretary,
after consultation with other appropriate government officials,
determines is necessary to evaluate the progress and success of
the project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--Reports under paragraph
(1), and any other documents relating to projects for which
financial assistance is provided under this Act, shall be made
available to the public.
(h) Advisory Group.--
(1) In general.--To assist in carrying out this Act, the
Secretary may convene an advisory group consisting of
individuals representing public and private organizations
actively involved in the conservation of great cats.
(2) Public participation.--
(A) Meetings.--The advisory group shall--
(i) ensure that each meeting of the
advisory group is open to the public; and
(ii) provide, at each meeting, an
opportunity for interested persons to present
oral or written statements concerning items on
the agenda.
(B) Notice.--The Secretary shall provide to the
public timely notice of each meeting of the advisory
group, including the meeting agenda.
(C) Minutes.--Minutes of each meeting of the
advisory group shall be kept by the Secretary and shall
be made available to the public.
(3) Exemption from federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the advisory group.
SEC. 6. GREAT CATS CONSERVATION FUND.
(a) Establishment.--There is established, in the Multinational
Species Conservation Fund established in title I of the Department of
the Interior and Related Agencies Appropriations Act, 1999 under the
heading ``MULTINATIONAL SPECIES CONSERVATION FUND'', a separate account
to be known as the ``Great Cats Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into such account under subsection (e);
(2) amounts appropriated to such account under section 7;
and
(3) any interest earned on investment of amounts in the
account under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), upon request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to
provide assistance under section 5.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may expend not
more than three percent, or up to $80,000, whichever is
greater, to pay the administrative expenses necessary to carry
out this Act.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of any obligations held in the Fund
shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(e) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 5. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit into the Fund.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 2008 through 2012. | Great Cats Conservation Act of 2007 - Defines "great cat" to mean any lion, leopard, jaguar, snow leopard, clouded leopard, cheetah, or Spanish lynx.
Establishes the Great Cats Conservation Fund as a separate account in the Multinational Species Conservation Fund. Directs the Secretary of the Interior to use amounts in such Fund to provide assistance for projects for the conservation of great cats. Authorizes the Secretary to convene an advisory group of individuals representing public and private organizations actively involved in the conservation of great cats. | {"src": "billsum_train", "title": "To assist in the conservation of great cats by supporting and providing financial resources for the conservation programs of nations within the range of great cats and projects of persons with demonstrated expertise in the conservation of great cats."} | 2,568 | 127 | 0.498172 | 1.263738 | 0.534768 | 4.969697 | 24.737374 | 0.929293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Beautiful National Parks
Quarter Dollar Coin Act of 2008''.
TITLE I--NATIONAL SITE QUARTER DOLLARS
SEC. 101. ISSUANCE OF REDESIGNED QUARTER DOLLARS EMBLEMATIC OF NATIONAL
PARKS OR OTHER NATIONAL SITES.
Section 5112 of title 31, United States Code, is amended--
(1) by redesignating subsection (r) (as added by section
622 of the Financial Services and General Government
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2016))
as subsection (s); and
(2) by adding at the end the following:
``(t) Redesign and Issuance of Quarter Dollars Emblematic of
National Sites.--
``(1) Redesign beginning upon completion of prior
program.--
``(A) Definition of state.--For purposes of this
subsection, the term `State' means each of the several
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and
the United States Virgin Islands.
``(B) Redesign.--Notwithstanding the fourth
sentence of subsection (d)(1) and subsection (d)(2),
quarter dollars issued beginning in 2010 shall have
designs on the reverse selected in accordance with this
subsection which are emblematic of the national sites
in the States.
``(C) Flexibility with regard to placement of
inscriptions.--Notwithstanding subsection (d)(1), the
Secretary may select a design for quarter dollars
referred to in subparagraph (A) in which--
``(i) the inscription described in the
second sentence of subsection (d)(1) appears on
the reverse side of any such quarter dollars;
and
``(ii) any inscription described in the
third sentence of subsection (d)(1) or the
designation of the value of the coin appears on
the obverse side of any such quarter dollars.
``(2) Single site in each state.--The design on the reverse
side of each quarter dollar issued during the period of
issuance under this subsection shall be emblematic of 1
national site in each State.
``(3) Selection of site and design.--
``(A) Site.--The selection of a national park or
other national site in each State to be honored with a
coin under this subsection shall be made by the
Secretary of the Treasury, after consultation with the
governor or other chief executive of each State with
respect to which a coin is to be issued under this
subsection so that the national site chosen for each
State shall be the most appropriate in terms of natural
or historic significance.
``(B) Design.--Each of the designs required under
this subsection for quarter dollars shall be--
``(i) selected by the Secretary after
consultation with--
``(I) the head of the agency having
jurisdiction over the site selected in
accordance with subparagraph (A); and
``(II) the Commission of Fine Arts;
and
``(ii) reviewed by the Citizens Coinage
Advisory Committee.
``(C) Selection and approval process.--
Recommendations for site selections and designs for
quarter dollars may be submitted in accordance with the
site and design selection and approval process
developed by the Secretary in the sole discretion of
the Secretary.
``(D) Participation in design.--The Secretary may
include participation by officials of the State,
artists from the State, engravers of the United States
Mint, and members of the general public.
``(E) Standards.--Because it is important that the
Nation's coinage and currency bear dignified designs of
which the citizens of the United States can be proud,
the Secretary shall not select any frivolous or
inappropriate design for any quarter dollar minted
under this subsection.
``(F) Prohibition on certain representations.--No
head and shoulders portrait or bust of any person,
living or dead, no portrait of a living person, and no
outline or map of a State may be included in the design
on the reverse of any quarter dollar under this
subsection.
``(4) Issuance of coins.--
``(A) Yellowstone national park.--Since Yellowstone
National Park was established by an Act signed by
President Ulysses S. Grant on March 1, 1872, as the
Nation's first national park, Yellowstone National Park
shall be--
``(i) depicted on the first quarter dollar
issued; and
``(ii) designated to the State of Wyoming.
``(B) Order of issuance.--Subject to subparagraph
(A), the quarter dollar coins issued under this
subsection bearing designs of national sites shall be
issued in reverse alphabetical order of each State.
``(C) Rate of issuance.--The quarter dollar coins
bearing designs of national sites under this subsection
shall be issued at the rate of--
``(i) 5 new designs during each of the
first 10 years of either--
``(I) the original period of
issuance under this subsection; or
``(II) the second round period of
issuance described in paragraph (7)(B);
and
``(ii) 6 new designs during the 11th year
of either--
``(I) the original period of
issuance under this subsection; or
``(II) the second round period of
issuance described in paragraph (7)(B).
``(D) Number of each of the coin designs in each
year.--Of the quarter dollar coins issued during each
year of the period of issuance, the Secretary of the
Treasury shall prescribe, on the basis of such factors
as the Secretary determines to be appropriate, the
number of quarter dollars which shall be issued with
each of the designs selected for such year.
``(5) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all coins minted under this subsection
shall be considered to be numismatic items.
``(6) Issuance.--
``(A) Quality of coins.--The Secretary may mint and
issue such number of quarter dollars of each design
selected under paragraph (3) in uncirculated and proof
qualities as the Secretary determines to be
appropriate.
``(B) Silver coins.--Notwithstanding subsection
(b), the Secretary may mint and issue such number of
quarter dollars of each design selected under paragraph
(3) as the Secretary determines to be appropriate, with
a content of 90 percent silver and 10 percent copper.
``(7) Period of issuance.--
``(A) In general.--Subject to paragraph (2), the
program established under this subsection shall
continue in effect until a national site in each State
has been honored.
``(B) Second round at discretion of secretary.--
``(i) Determination.--The Secretary may
make a determination before the end of the 9-
year period beginning when the first quarter
dollar is issued under this subsection to
continue the period of issuance until a second
national site in each State, the District of
Columbia, and each territory referred to in
this subsection has been honored with a design
on a quarter dollar.
``(ii) Notice and report.--Within 30 days
after making a determination under clause (i),
the Secretary shall submit a written report on
such determination to the Committee on
Financial Services of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
``(iii) Applicability of provisions.--If
the Secretary makes a determination under
clause (i), the provisions of this subsection
applicable to site and design selection and
approval, the order, timing, and conditions of
issuance shall apply in like manner as the
initial issuance of quarter dollars under this
subsection, except that the issuance of quarter
dollars pursuant to such determination bearing
the first design shall commence in order
immediately following the last issuance of
quarter dollars under the first round.
``(iv) Continuation until all states are
honored.--If the Secretary makes a
determination under clause (i), the program
under this subsection shall continue until a
second site in each State has been so honored.
``(8) Designs after end of program.--Upon the completion of
the coin program under this subsection, the design--
``(A) on the obverse of the quarter dollar shall
revert to the same design containing an image of
President Washington in effect for the quarter dollar
before the institution of the 50-State quarter dollar
program;
``(B) notwithstanding the fourth sentence of
subsection (d)(1), on the reverse of the quarter dollar
shall contain an image of General Washington crossing
the Delaware River prior to the Battle of Trenton; and
``(C) described in paragraph (1)(B) shall apply
with regard to the placement of inscriptions.
``(9) National site.--For purposes of this subsection, the
term `national site' means any site under the supervision,
management, or conservancy of the National Park Service, the
United States Forest Service, the United States Fish and
Wildlife Service, or any similar department or agency of the
Federal Government, including any national park, national
monument, national battlefield, national military park,
national historical park, national historic site, national
lakeshore, seashore, recreation area, parkway, scenic river, or
trail and any site in the National Wildlife Refuge System.
``(10) Application in event of independence.--If any
territory becomes independent or otherwise ceases to be a
territory or possession of the United States before quarter
dollars bearing designs which are emblematic of such territory
are minted pursuant to this subsection, this subsection shall
cease to apply with respect to such territory.''.
TITLE II--BULLION INVESTMENT PRODUCTS
SEC. 201. SILVER BULLION COIN.
Section 5112 of title 31, United States Code, is amended by
inserting after subsection (t) (as added by section 101 of this Act)
the following:
``(u) Silver Bullion Investment Product.--
``(1) In general.--The Secretary shall strike and make
available for sale such number of bullion coins as the
Secretary determines to be appropriate that bear the likeness
of the quarter dollars issued under subsection (t), each of
which shall--
``(A) have a diameter of 3.0 inches and weigh 8.0
ounces;
``(B) contain .999 fine silver;
``(C) bear the inscriptions of the fineness and
weight of the bullion coin;
``(D) bear an inscription of the denomination of
such coin, which shall be `quarter dollar'; and
``(E) not be minted or issued by the United States
Mint as so-called `fractional' bullion coins or in any
size other than the size described in paragraph (A).
``(2) Availability for sale.--Bullion coins minted under
paragraph (1)--
``(A) shall become available for sale no sooner
than the first day of the calendar year in which the
circulating quarter dollar of which such bullion coin
is a duplicate is issued; and
``(B) may only be available for sale during the
year in which such circulating quarter dollar is
issued.
``(3) Distribution.--
``(A) In general.--In addition to the authorized
dealers utilized by the Secretary in distributing
bullion coins and solely for purposes of distributing
bullion coins issued under this subsection, the
Director of the National Park Service, or the designee
of the Director, may purchase numismatic items issued
under this subsection, but only in units of no fewer
than 1,000 at a time, and the Director, or the
Director's designee, may resell or repackage such
numismatic items as the Director determines to be
appropriate.
``(B) Resale.--The Director of the National Park
Service, or the designee of the Director, may resell,
at cost and without repackaging, numismatic items
acquired by the Director or such designee under
subparagraph (A) to any party affiliated with any
national site honored by a quarter dollar under
subsection (t) for repackaging and resale by such party
in the same manner and to the same extent as such party
would be authorized to engage in such activities under
subparagraph (A) if the party were acting as the
designee of the Director under such subparagraph.''.
TITLE III--ADMINISTRATION
SEC. 301. NO NET COST TO THE FEDERAL GOVERNMENT.
The Secretary of the Treasury shall take such actions as are
necessary to ensure that minting and issuing coins under this Act and
the amendments made by this Act will not result in any net cost to the
Federal Government. | America's Beautiful National Parks Quarter Dollar Coin Act of 2008 - Requires quarter dollars, issued beginning in 2010, to have designs on the reverse emblematic of one national site in each state, the District of Columbia, and specified U.S. territories.
Instructs the Secretary of the Treasury to select in each state a national park or other national site to be honored with a coin. Requires Yellowstone National Park, since it was established on March 1, 1872, as the nation's first national park, to be depicted on the first quarter dollar issued and to be designated to the state of Wyoming. Requires: (1) 5 coin designs in each of the first 10 years of either the original period of issuance or the second period of issuance; and (2) 6 coin designs in the 11th year of either the original period of issuance or the second period of issuance.
Instructs the Secretary to strike and make available for sale silver bullion coins that are exact duplicates of such quarter dollars.
Authorizes the Director of the National Park Service to purchase for resale or distribution numismatic items issued under this Act.
Requires the Secretary to take such actions as are necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the federal government. | {"src": "billsum_train", "title": "A bill to provide for a program for circulating quarter dollar coins that are emblematic of a national park or other national site in each State, the District of Columbia, and certain territories and insular areas of the United States, and for other purposes."} | 2,845 | 286 | 0.604883 | 1.681135 | 0.781976 | 3.987805 | 10.601626 | 0.930894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Hunger Relief Act of
2008''.
SEC. 2. NUTRITION PROGRAMS.
(a) Supplemental Nutrition Assistance Program.--Section 3(u) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012(u)) is amended--
(1) by striking ``(u) `Thrifty food plan' means'' and
inserting the following:
``(u) Thrifty Food Plan.--
``(1) In general.--The term `thrifty food plan' means'';
(2) in the second sentence--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
indenting appropriately;
(B) by striking ``The cost of such diet'' and
inserting the following:
``(2) Adjustments.--The cost of the diet described in
paragraph (1)''; and
(C) by striking subparagraph (D) (as redesignated
by subparagraph (A)) and inserting the following:
``(D)(i) on October 1, 2009, adjust the cost of the
diet to reflect 102 percent of the cost of the diet in
the preceding June, and round the result to the nearest
higher dollar increment for each household size, except
that the Secretary may not reduce the cost of the diet
below that in effect during the immediately preceding
fiscal year;
``(ii) on October 1, 2010, adjust the cost of the
diet to reflect 102.5 percent of the cost of the diet
in the preceding June, and round the result to the
nearest higher dollar increment for each household
size, except that the Secretary may not reduce the cost
of the diet below that in effect during the immediately
preceding fiscal year; and
``(iii) on October 1, 2011, and each October 1
thereafter, adjust the cost of the diet to reflect 103
percent of the cost of the diet in the preceding June,
and round the result to the nearest higher dollar
increment for each household size, except that the
Secretary may not reduce the cost of the diet below
that in effect during the immediately preceding fiscal
year.''.
(b) Conforming Amendments.--
(1) Section 19(a)(2)(A)(ii) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is amended by striking
``3(u)(4)'' and inserting ``3(u)(2)''.
(2) Section 27(a)(2)(C) of the Food and Nutrition Act of
2008 (7 U.S.C. 2036(a)(2)(C)) is amended by striking
``3(u)(4)'' and inserting ``3(u)(2)''.
SEC. 3. SCHOOL MEALS.
(a) Commodities.--Section 6(c)(1) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1755(c)(1)) is amended--
(1) in subparagraph (A), by striking ``on July 1, 1982, and
each July 1 thereafter'' and inserting ``in accordance with
subparagraph (B)''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Adjustment.--The Secretary shall--
``(i) on each January 1, increase the value of food
assistance for each meal by the annual percentage change in a
3-month average value of the Price Index for Foods Used in
Schools and Institutions for September, October, and November
each year;
``(ii) on each July 1, increase the value of food
assistance for each meal by the annual percentage change in a
3-month average value of the Price Index for Foods Used in
Schools and Institutions for March, April, and May each year;
and
``(iii) round the result of each increase to the nearest
higher \1/4\ cent.''.
(b) Overall Adjustment.--Section 11(a) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1759a(a)) is amended--
(1) in paragraph (2), by striking ``98.75 cents'' and
inserting ``the amount computed under paragraph (3)''; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) in the matter before clause (i), by
striking ``July 1, 1982, and on each subsequent
July 1, an annual adjustment'' and inserting
``each January 1 and July 1, a semiannual
increase''; and
(ii) in clause (ii), by striking ``(as
established under paragraph (2) of this
subsection)'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``annual
adjustment'' and inserting ``semiannual
increase'';
(ii) in clause (ii)--
(I) by striking ``annual
adjustment'' and inserting ``semiannual
increase''; and
(II) by striking ``12-month
period'' and inserting ``6-month
period''; and
(iii) by striking clause (iii) and
inserting the following:
``(iii) Rounding.--On each January 1 and
July 1, the national average payment rates for
meals and supplements shall be--
``(I) increased to the nearest
higher cent; and
``(II) based on the unrounded
amount previously in effect.''.
(c) Payments to Service Institutions.--Section 13(b)(1) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)(1)) is
amended by striking subparagraph (B) and inserting the following:
``(B) Adjustments.--The Secretary shall--
``(i) on each January 1, increase each
amount specified in subparagraph (A) as
adjusted through the preceding July 1 to
reflect changes for the 6-month period ending
the preceding November 30 in the series for
food away from home of the Consumer Price Index
for All Urban Consumers published by the Bureau
of Labor Statistics of the Department of Labor;
``(ii) on each July 1, increase each amount
specified in subparagraph (A) as adjusted
through the preceding January 1 to reflect
changes for the 6-month period ending the
preceding May 31 in the series for food away
from home of the Consumer Price Index for All
Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor;
``(iii) base each increase on the unrounded
amount previously in effect; and
``(iv) round each increase described in
clauses (i) and (ii) to the nearest higher cent
increment.''.
(d) Reimbursement of Family or Group Day Care Home Sponsoring
Organizations.--
(1) Tier i.--Section 17(f)(3)(A)(ii)(IV) of the Richard B.
Russell National School Lunch Act (42 U.S.C.
1766(f)(3)(A)(ii)(IV)) is amended by striking subclause (IV)
and inserting the following:
``(IV) Adjustments.--On each July 1
and January 1, the Secretary shall--
``(aa) increase each
reimbursement factor under this
subparagraph to reflect the
changes in the Consumer Price
Index for food at home for the
most recent 6-month period for
which the data are available;
``(bb) base each increase
on the unrounded amount
previously in effect; and
``(cc) round each increase
described in item (aa) to the
nearest higher cent
increment.''.
(2) Tier ii.--Section 17(f)(3)(A)(iii)(I) of the Richard B.
Russell National School Lunch Act (42 U.S.C.
1766(f)(3)(A)(iii)(I)) is amended by striking item (bb) and
inserting the following:
``(bb) Adjustments.--On
each July 1 and January 1, the
Secretary shall increase the
reimbursement factors to
reflect the changes in the
Consumer Price Index for food
at home for the most recent 6-
month period for which the data
are available, base the
increases on the unrounded
amount previously in effect,
and round the increases to the
nearest higher cent
increment.''.
(e) Special Milk Program.--Section 3(a) of the Child Nutrition Act
of 1966 (42 U.S.C. 1772(a)) is amended--
(1) by striking paragraph (7) and inserting the following:
``(7) Minimum rate of reimbursement.--For each school year,
the minimum rate of reimbursement for a \1/2\ pint of milk
served in schools and other eligible institutions shall be not
less than minimum rate of reimbursement in effect on September
30, 2008, as increased on a semiannual basis each school year
to reflect changes in the Producer Price Index for Fresh
Processed Milk published by the Bureau of Labor Statistics of
the Department of Labor.''; and
(2) in paragraph (8), by inserting ``higher'' after
``nearest''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act take effect on October 1, 2008. | National Hunger Relief Act of 2008 - Amends the Food and Nutrition Act of 2008 to revise, and provide for increases in, the annual October adjustments to the thrifty food plan upon which supplemental nutrition assistance program (formerly, the food stamp program) benefits are based.
Amends the Richard B. Russell National School Lunch Act to provide semiannual reimbursement rate adjustments for: (1) national school lunch and breakfast programs; (2) the special milk program; (3) the child and adult day care program; and (4) the summer food service program. | {"src": "billsum_train", "title": "A bill to require semiannual indexing of mandatory Federal food assistance programs."} | 2,088 | 113 | 0.544819 | 1.26682 | 0.143989 | 2.064815 | 16.925926 | 0.824074 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficiency Free Market Act of
2016''.
SEC. 2. REPEAL OF ENERGY CONSERVATION STANDARDS.
(a) Definitions.--Section 321 of the Energy Policy and Conservation
Act (42 U.S.C. 6291) is amended--
(1) in paragraph (4), by striking ``, determined in
accordance with test procedures under section 323'';
(2) in paragraph (5), by striking ``, determined in
accordance with test procedures under section 323'';
(3) by striking paragraph (6);
(4) in paragraph (7), by striking ``, determined in
accordance with section 323'';
(5) by striking paragraphs (19), (20), (22), (26), and
(28);
(6) in paragraph (29), by striking subparagraphs (C), (D),
(E), (G), (H), (I), (J), (K), (L), (M), (N), (O), and (P);
(7) in paragraph (30), by striking subparagraphs (G), (O),
(U), and (V);
(8) in paragraph (31), by striking subparagraph (H); and
(9) by striking paragraphs (32), (33), (34), (35), (36),
(37), (38), (39), (40), (41), (42), (43), (44), (45), (47),
(48), (50), (52), (53), (54), (55), (56), (57), (59), (60),
(62), (65), and (66).
(b) Test Procedures.--Section 323 of the Energy Policy and
Conservation Act (42 U.S.C. 6293) is amended--
(1) by striking subsections (a), (b), (d), (e), and (f);
and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``a test
procedure is applicable under subsection (a)'' and
inserting ``a test procedure was applicable under
subsection (a) or (b), as in effect on the date before
the date of enactment of the Energy Efficiency Free
Market Act of 2016,''; and
(B) by striking paragraphs (2) and (3).
(c) Labeling.--Section 324 of the Energy Policy and Conservation
Act (42 U.S.C. 6294) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``and
to which standards are applicable under section
325'';
(ii) in subparagraph (C)(i), by striking
``and to which standards are applicable under
section 325'';
(iii) in subparagraph (D)--
(I) by striking clause (ii); and
(II) in clause (iii)(II)--
(aa) in item (aa), by
striking ``; and'' and
inserting a period; and
(bb) by striking item (bb);
(iv) by striking subparagraph (E); and
(v) by striking subparagraph (F);
(B) in paragraph (3)--
(i) by striking the comma at the end of
subparagraph (A) and inserting ``; and''; and
(ii) by striking subparagraph (B); and
(C) by striking paragraph (5); and
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``(determined
in accordance with test procedures prescribed under
section 323)'' each place it appears;
(B) by striking paragraph (2)(C); and
(C) in paragraph (8)(A), by striking ``in
accordance with test procedures prescribed under
section 323'' and inserting ``in accordance with
generally accepted industry testing procedures''.
(d) Energy Conservation Standards.--Section 325 of the Energy
Policy and Conservation Act (42 U.S.C. 6295) is repealed.
(e) Requirements of Manufacturers.--Section 326 of the Energy
Policy and Conservation Act (42 U.S.C. 6296) is amended--
(1) in subsection (b)--
(A) by striking paragraph (3)(A);
(B) in paragraph (4), by striking ``in accordance
with the test procedures applicable to such product
under section 323'' and inserting ``in accordance with
generally accepted industry testing procedures''; and
(C) in paragraph (5), by striking ``323, 324, or
325'' and inserting ``324''; and
(2) in subsection (d)--
(A) by striking ``and the economic impact of any
proposed energy conservation standard''; and
(B) by striking ``test procedures, labeling rules,
and energy conservation standards'' and inserting
``labeling rules''.
(f) Effect on Other Law.--Section 327 of the Energy Policy and
Conservation Act (42 U.S.C. 6297) is amended by striking subsections
(a) through (f) and inserting the following:
``(a) Prohibition on Energy Conservation Standards.--No State or
Federal agency may adopt or continue in effect any requirement to
comply with a standard for energy conservation or water efficiency with
respect to a product.''.
(g) Prohibited Acts.--Section 332(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6302(a)) is amended--
(1) in paragraph (4), by striking the semicolon and
inserting ``; or'';
(2) by striking paragraphs (5), (6), and (7); and
(3) in paragraph (8)(D), by striking ``described in section
325(e)(6)(A)(ii)(V)''.
(h) Enforcement.--Section 333 of the Energy Policy and Conservation
Act (42 U.S.C. 6303) is amended--
(1) in subsection (a)--
(A) by striking ``or violations of paragraph (5),
(6), (7), or (8)'' and inserting ``a violation of
paragraph (8)''; and
(B) by striking ``Each violation of paragraph (1),
(2), (5), (6), (7), or (8)'' and inserting ``Each
violation of paragraph (1), (2), or (8)''; and
(2) by striking subsection (c).
(i) Injunctive Enforcement.--Section 334 of the Energy Policy and
Conservation Act (42 U.S.C. 6304) is amended--
(1) in the first sentence, by striking ``or 325'';
(2) in the second sentence, by striking ``(5), (6), (7),
or'' ; and
(3) by striking the third sentence.
(j) Citizen Suits.--Section 335(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6305(a)) is amended--
(1) in paragraph (1), by striking the semicolon at the end
and inserting ``; or'';
(2) in paragraph (2), by striking ``; or'' and inserting a
period;
(3) by striking paragraph (3); and
(4) in the matter following paragraph (3), by striking the
second and third sentences.
(k) Administrative Procedure and Judicial Review.--Section 336 of
the Energy Policy and Conservation Act (42 U.S.C. 6306) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``323, 324, 325,
327, or 328'' and inserting ``324 or 328''; and
(B) by striking paragraph (2);
(2) in subsection (b), by striking ``section 323, 324, or
325'' each place it appears and inserting ``324''; and
(3) by striking subsection (c).
(l) Consumer Education.--Section 337 of the Energy Policy and
Conservation Act (42 U.S.C. 6307) is amended by striking subsection
(b).
(m) Certain Industrial Equipment.--Part C of title III of the
Energy Policy and Conservation Act (42 U.S.C. 6311 et seq.) is
repealed. | Energy Efficiency Free Market Act of 2016 This bill amends the Energy Policy and Conservation Act to eliminate the Department of Energy's authority to set energy-efficiency and water conservation standards for consumer and commercial appliances. All existing standards are repealed. Additionally, the bill prohibitsstatesfrom setting their own energy-efficiency and water conservation standards.All existing state standards are nullified. | {"src": "billsum_train", "title": "Energy Efficiency Free Market Act of 2016"} | 1,912 | 79 | 0.327355 | 0.868567 | 0.281507 | 1.794118 | 26.25 | 0.676471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dairy Producer Income Protection Act
of 2011''.
SEC. 2. MILK INCOME LOSS CONTRACT PROGRAM.
(a) In General.--Section 1506 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8773) is amended--
(1) in subsection (c)(3)--
(A) in subparagraph (A), by inserting ``and'' after
the semicolon at the end;
(B) in subparagraph (B)--
(i) by striking ``ending August 31, 2012''
and inserting ``thereafter''; and
(ii) by striking ``; and'' and inserting a
period; and
(C) by striking subparagraph (C);
(2) in subsection (d)--
(A) in the subsection heading, by striking ``for
Feed Prices''; and
(B) by adding at the end the following:
``(4) Payment rate adjustments.--
``(A) In general.--Subject to paragraphs (1)
through (3), for each of fiscal years 2012 through
2015, the amount specified in subsection (c)(2)(A) used
to determine the payment rate for the fiscal year shall
be the payment rate for the preceding fiscal year, as
adjusted to reflect changes for the 12-month period
ending the preceding November 30 in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics of the Department of Labor.
``(B) Termination of authority.--Effective
beginning in fiscal year 2016, the authority for the
adjustment described in subparagraph (A) shall
terminate.'';
(3) in subsection (e)(2)(A)--
(A) in clause (i), by inserting ``and'' after the
semicolon at the end;
(B) in clause (ii)--
(i) by striking ``for the period'' and all
that follows through ``2012'' and inserting
``effective beginning October 1, 2008''; and
(ii) by striking ``; and'' and inserting a
period; and
(C) by striking clause (iii); and
(4) in subsections (g) and (h)(1), by striking ``September
30, 2012'' each place it appears and inserting ``September 30,
2017''.
(b) Offsets.--
(1) Repeal of permanent price support authority for milk.--
(A) In general.--Section 201 of the Agricultural
Act of 1949 (7 U.S.C. 1446) is amended--
(i) in subsection (a), by striking
``milk,''; and
(ii) by striking subsections (c) and (d).
(B) Conforming amendment.--Section 301 of the
Agricultural Act of 1949 (7 U.S.C. 1447) is amended by
inserting ``(other than milk)'' after ``agricultural
commodity''.
(2) Repeal of dairy product price support program.--Section
1501 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8771) is repealed.
(3) Repeal of dairy export incentive program.--
(A) In general.--Section 153 of the Food Security
Act of 1985 (15 U.S.C. 713a-14) is repealed.
(B) Conforming amendments.--Section 902(2) of the
Trade Sanctions Reform and Export Enhancement Act of
2000 (22 U.S.C. 7201(2)) is amended--
(i) by striking subparagraph (D); and
(ii) by redesignating subparagraphs (E) and
(F) as subparagraphs (D) and (E), respectively.
SEC. 3. FEDERAL MILK MARKETING REFORM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall conduct
hearings to assess the implications of transitioning Federal milk
marketing orders from end-product pricing to a competitive pay pricing
system.
(b) Requirements.--In conducting hearings under this section, the
Secretary shall--
(1) ensure that market administrators conduct a thorough
analysis of the reforms to the Federal milk marketing orders
proposed by the Maine Dairy Industry Advisory Council and the
reforms included in title II of the Dairy Security Act of 2011;
(2) analyze the implications of transitioning from a 4-
class system for milk products to a 2-class system;
(3) explore methods to improve signals for price discovery
in the short- and long-term to allow dairy producers to better
use risk management tools;
(4) assess whether a 2-class competitive pay pricing system
for milk products would be more or less transparent than the
system in effect as of the day before the date of enactment of
this Act; and
(5) analyze the impact of eliminating a minimum regulated
price on price volatility in dairy markets.
SEC. 4. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Dairy Producer Income Protection Act of 2011 - Amends the Food, Conservation, and Energy Act of 2008 to extend the milk income loss contract program.
Revises payment, feed cost adjustment, and payment quantity (pound) calculations.
Eliminates: (1) milk price supports, (2) dairy product price supports, and (3) the dairy export incentive program.
Directs the Secretary of Agriculture (USDA) to conduct hearings to assess the implications of transitioning federal milk marketing orders from end-product pricing to a competitive pay pricing system. | {"src": "billsum_train", "title": "A bill to extend the milk income loss contract program, to require the Secretary of Agriculture to conduct hearings to assess the implications of transitioning Federal milk marketing orders from end-product pricing to a competitive pay pricing system, and for other purposes."} | 1,229 | 112 | 0.492969 | 1.214603 | 0.161681 | 4.613208 | 10.103774 | 0.877358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Compliance and Ratepayer
Affordability Act of 2013''.
SEC. 2. INTEGRATED MUNICIPAL STORMWATER AND WASTEWATER APPROACH
FRAMEWORK.
(a) In General.--In the first 5 fiscal years beginning after the
date of enactment of this Act, the Administrator of the Environmental
Protection Agency, in coordination with appropriate State, local, and
regional authorities, shall carry out a pilot program under which the
Administrator shall work cooperatively with and facilitate the efforts
of municipalities to develop and implement integrated plans to meet
their wastewater and stormwater obligations under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) in a more cost-effective
and flexible manner.
(b) Framework.--The Administrator shall carry out the pilot program
in a manner that is consistent with the Integrated Municipal Stormwater
and Wastewater Approach Framework issued by the Environmental
Protection Agency, dated May 2012.
(c) Selection of Municipalities.--
(1) In general.--The Administrator, in consultation with
States that have approved National Pollutant Discharge
Elimination System programs, shall select not less than 15
municipalities to participate in the pilot program.
(2) Factors.--In selecting the municipalities, the
Administrator shall--
(A) specifically focus on--
(i) municipalities that are operating under
an administrative order, administrative consent
agreement, or judicial consent decree to comply
with the requirements of the Federal Water
Pollution Control Act;
(ii) other municipalities facing compliance
issues under the Federal Water Pollution
Control Act, in addition to the municipalities
described in clause (i); and
(iii) municipalities that are affected by
affordability constraints in planning and
implementing control measures to address wet
weather discharges from their wastewater and
stormwater facilities; and
(B) give priority to municipalities with a history
of knowledgeable, detailed, and comprehensive efforts
to develop integrated and adaptive clean water
management practices, without regard to the status of
the municipality in the process of planning or
implementing such practices.
(d) Approval of Integrated Plans.--
(1) In general.--In approving the integrated plan of a
municipality under the pilot program, the Administrator shall--
(A) account for the financial capability of the
municipality to adequately address the requirements of
the Federal Water Pollution Control Act that apply to
the municipality;
(B) prioritize the obligations of the municipality
under the Federal Water Pollution Control Act according
to the most cost-effective and environmentally
beneficial outcomes;
(C) account for the maintenance, operational, and
regulatory obligations of the municipality; and
(D) enable the municipality to implement innovative
and flexible approaches to meet the obligations of the
municipality under the Federal Water Pollution Control
Act.
(2) Use of adaptive management approaches.--
(A) Priority.--In selecting municipalities to
participate in the program, the Administrator may give
priority to a municipality that is seeking to develop
and implement an integrated plan that includes adaptive
approaches to account for changed or future uncertain
circumstances.
(B) Types of adaptive approaches.--Adaptive
approaches referred to in subparagraph (A) include, at
a minimum--
(i) the use of new innovative technical or
institutional approaches; and
(ii) the ability to adapt the integrated
plan in response to new regulatory requirements
and reductions in financial capability.
(3) Additional authorities.--In carrying out the pilot
program, the Administrator may, in full coordination and mutual
agreement with a municipality selected to participate in the
pilot program--
(A) extend the allowable national pollutant
discharge elimination system permit term under section
402 of the Federal Water Pollution Control Act (33
U.S.C. 1342) to a maximum of 25 years, and make
corresponding changes to any associated implementation
schedule;
(B) modify the implementation terms of a consent
decree entered into by the municipality with the
Administrator pursuant to that Act; and
(C) provide additional regulatory flexibility under
the Federal Water Pollution Control Act in approving
and implementing an integrated plan that includes
adaptive approaches in order to encourage the
innovation integral to such approaches.
(e) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter for 5 years, the
Administrator shall transmit to Congress a report on the results of the
pilot program, including a description of the specific outcomes
expected to be achieved that will reduce the costs of complying with
the requirements of the Federal Water Pollution Control Act for
municipalities participating in the program and similarly situated
municipalities. | Clean Water Compliance and Ratepayer Affordability Act of 2013 - Requires the Administrator of the Environmental Protection Agency (EPA) to carry out a pilot program to work cooperatively with and facilitate the efforts of municipalities to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in a cost-effective and flexible manner and consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by EPA in May 2012. Directs the Administrator, in consultation with states that have approved National Pollutant Discharge Elimination System programs, to select at least 15 municipalities to participate in the program. Sets forth selection factors, including by giving a priority to those with a history of knowledgeable, detailed, and comprehensive efforts to develop integrated and adaptive clean water management practices, without regard to the municipality's status in the process of planning or implementing them. Provides standards for approval of a municipality's integrated plan under the pilot program, including concerning financial capability, prioritization of obligations under the Clean Water Act, and the use of innovative and flexible approaches to meet obligations. Allows priority to be given to municipalities seeking to develop and implement approaches that adapt to changed or future uncertain circumstances. Provides additional authorities regarding selected municipalities concerning: (1) extension of the allowable national pollutant discharge elimination system permit term, (2) modification of implementation terms of a consent decree, and (3) additional regulatory flexibility in approving and implementing an integrated plan that includes adaptive approaches. | {"src": "billsum_train", "title": "Clean Water Compliance and Ratepayer Affordability Act of 2013"} | 988 | 326 | 0.740372 | 2.245656 | 0.953267 | 3.920139 | 3.215278 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Adults Driving Safety Act of
2015''.
SEC. 2. GRANTS TO ASSIST YOUNG ADULTS WITH OBTAINING DRIVER'S LICENSES.
(a) Grants.--
(1) In general.--The Secretary, acting through the
Administrator of the National Highway Traffic Safety
Administration, may award grants on a competitive basis to
eligible entities to develop model programs to assist young
adults with obtaining or regaining driver's licenses.
(2) Maximum grant award.--A grant awarded under this
section may not exceed $100,000.
(b) Use of Funds.--An eligible entity that receives a grant under
this section may use the grant funds to--
(1) conduct a comprehensive assessment of the driver's
licensing status of young adults in the neighborhoods in which
the majority of the youth to be served by the program reside or
attend school;
(2) develop and implement strategies to address licensing
deficits and barriers young adults and disconnected youth face
in obtaining a driver's license;
(3) study the impact of State and local driver's license
suspensions and revocation policies, including the
implementation of such policies by municipal courts, on young
adults in the areas where the youth who will be served by the
program reside or attend school;
(4) identify potential sources of funding for high school
driver's education programs for each high school in a school
district;
(5) develop innovative and cost-effective strategies for
preparing young adults for legal driving;
(6) evaluate the effectiveness of the funded grant
activities in achieving the program goals; and
(7) conduct any other activities considered appropriate by
the Secretary.
(c) Application.--To receive a grant under this section, an
eligible entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. Such application shall describe the following:
(1) How the eligible entity proposes to use the grant funds
to create a program to assist young adults with obtaining or
regaining driver's licenses.
(2) How the eligible entity intends to collaborate with
education institutions and organizations with job training
programs.
(3) How the proposed program is expected to create
opportunities for the employment and job training of young
adults who participate in the proposed program.
(4) How the eligible entity intends to target youth in
areas experiencing high levels of unemployment among young
adults.
(5) How the proposed program is expected to assist low-
income young adults and disconnected youth with school and
employment.
(6) The eligible entity's history of working with young
adults.
(7) The eligible entity's history of assisting individuals
in regaining a driver's license, especially in cases in which
the driver's license was suspended or revoked for non-safety
related reasons.
(d) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to eligible entities proposing programs
to assist low-income young adults with obtaining or regaining driver's
licenses.
(e) Definitions.--In this section:
(1) Disconnected youth.--The term ``disconnected youth''
means low-income young adults who--
(A) are homeless;
(B) are in foster care;
(C) have come into contact, or are at risk of
coming into contact, with the juvenile justice or
criminal justice system;
(D) are not employed and not enrolled in school; or
(E) are at risk of dropping out of an education
institution.
(2) Eligible entity.--The term ``eligible entity'' means a
non-profit organization, tribal government, education
institution, or any other organization considered appropriate
by the Secretary.
(3) Education institution.--The term ``education
institution'' means an institution of higher education or a
high-need local education agency.
(4) High-need local education agency.--The term ``high-need
local education agency'' has the meaning given such term in
section 2102(3)(A) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6602).
(5) 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).
(6) Low-income.--The term ``low-income'', with respect to a
young adult, means a household income at or below 185 percent
of the poverty line.
(7) Nonprofit organization.--The term ``nonprofit
organization'' means any organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and is
exempt from tax under section 501(a) of such Code.
(8) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and Budget
and revised annually in accordance with section 673 of the
Community Services Block Grant Act (Public Law 97-35; 42 U.S.C.
9902)) applicable to a family of the size involved.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(10) Young adult.--The term ``young adult'' means an
individual who is at least 16 years old and less than 25 years
old.
(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,000,000 each year for each of
fiscal years 2015 through 2019.
SEC. 3. AUTHORITY TO USE STATE HIGHWAY SAFETY FUNDS FOR TEEN DRIVING
EDUCATION.
Section 402(m)(2)(A) of title 23, United States Code, is amended--
(1) in clause (iv), by striking ``and''; and
(2) by adding at the end the following new clause:
``(vi) support teen driving education and
driving skills improvement; and''. | Young Adults Driving Safety Act of 2015 This bill directs the National Highway Traffic Safety Administration to award competitive grants of up to $100,000 to non-profit organizations, tribal governments, or educational institutions to develop model programs to assist young adults with obtaining or regaining driver's licenses. A recipient may use grant funds to: conduct a comprehensive assessment of the driver's licensing status of young adults in the neighborhoods to be served; develop and implement strategies to address licensing deficits and barriers faced by young adults and disconnected youth (low-income young adults who are homeless, are in foster care, have come into contact with the juvenile justice or criminal justice system, are not employed and not enrolled in school, or are at risk of dropping out of an educational institution) in obtaining a driver's license; study the impact of state and local driver's license suspensions and revocation policies on young adults in the areas to be served; identify potential sources of funding for high school driver's education programs; develop innovative and cost-effective strategies for preparing young adults for legal driving; and evaluate the effectiveness of the funded grant activities in achieving the program goals. The Department of Transportation (DOT) shall give priority to entities proposing programs to assist low-income young adults with obtaining or regaining driver's licenses. Statewide efforts to improve traffic safety for teen drivers, for which states may use DOT-approved highway safety program funds, shall include peer-to-peer education and prevention strategies in schools and communities designed to support teen driving education and driving skills improvement. | {"src": "billsum_train", "title": "Young Adults Driving Safety Act of 2015"} | 1,304 | 331 | 0.707326 | 2.117867 | 0.826572 | 4.633987 | 3.928105 | 0.901961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Care Transitions Program
Act of 2009''.
SEC. 2. MEDICARE CARE TRANSITIONS PROGRAM.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by adding at the end the following new section:
``care transitions program
``Sec. 1899. (a) Program.--
``(1) In general.--The Secretary shall establish a Care
Transitions Program (in this section referred to as the
`Program') under which outcomes-based payments are made to
community-based transitional care suppliers (in this section
referred to as `CTCs') for furnishing care transition services,
improving quality of care, and reducing rehospitalization
rates.
``(2) Care transition services.--For purposes of this
section, the term `care transition services' means the
following services furnished to individuals entitled to, or
enrolled for, benefits under part A or enrolled for benefits
under part B after the individual is discharged from inpatient
care:
``(A) Self-management goal-setting.
``(B) Medication self-management support.
``(C) Arrangement of timely follow-up care.
``(D) Individualized training in management of
clinical exacerbation.
``(E) Establishment and maintenance of a paper or
electronic personal health record. Such personal health
record shall be written and formatted using language
that is easily understandable by individuals receiving
benefits under this title.
``(F) Preparation for anticipated clinical
encounters.
``(G) Monitoring of service effectiveness,
including measures of transitional care as endorsed by
the National Quality Forum and hospital readmission
rates.
``(H) Other services determined appropriate by the
Secretary.
``(3) Targeting and timing of care transition services.--
Care transition services may only be provided--
``(A) to an individual entitled to, or enrolled
for, benefits under part A or enrolled for benefits
under part B who is part of the targeted beneficiary
population under the CTC's plan (as described in
subsection (b)(2)(E)) that is approved by the
Secretary; and
``(B) during the 90-day period beginning with the
day such individual is discharged from a
hospitalization.
``(b) Contracts With CTCs.--
``(1) In general.--Under the program, the Secretary shall
establish a process for awarding contracts to entities meeting
the requirements of paragraph (2).
``(2) Requirements for ctcs.--The Secretary shall establish
an application process by which entities seeking contracts to
serve as CTCs demonstrate that they meet the following
requirements:
``(A) The entity is recognized by the Secretary as
having the appropriate professional expertise,
safeguards for privacy and confidentiality, and
authority to review medical records in order to review
cases and identify patterns of care involving items and
services furnished to individuals entitled to, or
enrolled for, benefits under part A or enrolled for
benefits under part B.
``(B) The entity does not currently receive
payments for items or services furnished to individuals
described in subparagraph (A).
``(C) The entity has the demonstrated capability to
form cooperative processes with providers of medical
services through local community presence and other
characteristics.
``(D) The entity has received appropriate formal
training and demonstrates other evidence of its
capability to deliver care transition services.
``(E) The entity submits a proposed plan that
identifies a carefully selected target beneficiary
population, particularly those most at risk for
rehospitalizations, for which the entity will provide
care transition services, identifies targeted
inappropriate or wasteful services contributing to
preventable rehospitalizations, and identifies any
targeted disparities in the quality of care transitions
associated with race, ethnicity, language, or gender.
``(3) Intervention.--Under the contract awarded under this
subsection, a CTC shall undertake community-based
interventions, including the following:
``(A) Partner with local entities designated under
section 3025(a)(2)(A) of the Older Americans Act of
1965, and such other individuals and organizations as
the CTC may recruit for the purposes of this section,
to develop and implement an intervention plan. Such
plan shall be aimed at reducing rehospitalizations and
improving quality outcomes among the individuals
served. Throughout the intervention period, the CTC
shall be accountable for ongoing project management and
facilitation. The CTC shall assist providers and the
community in creating resources for more effective
transitions and in implementing improvement activities.
``(B) Review cases involving items and services
provided to individuals entitled to, or enrolled for,
benefits under part A or enrolled for benefits under
part B who have been rehospitalized within 30 days of
discharge from an inpatient hospital stay.
``(C) Engage providers and practitioners in
interventions to identify and eliminate the causes of
preventable rehospitalizations.
``(D) Engage partners to implement care transition
services which primarily target individuals served who
have complex conditions according to the needs,
structures, and hospital readmissions patterns of the
local community.
``(4) Deidentified patient data.--Notwithstanding any other
provision of law, the CTC may, as determined appropriate by the
CTC, provide to providers and practitioners consenting to
participate in an intervention deidentified patient data that
identifies providers and practitioners treating the same
population of patients, for the purpose of measuring and
improving the safety, quality, and effectiveness of transitions
of such patients from the care of one provider or practitioner
to another. Nothing in this paragraph shall be construed to
limit, alter, or affect the requirements imposed by section
264(c) of the Health Insurance Portability and Accountability
Act of 1996.
``(5) Reports.--Under the contract awarded under this
subsection, a CTC shall submit to the Secretary reports (in
such frequency determined appropriate by the Secretary) on the
implementation of the requirements under the contract.
``(c) Payments to CTCs.--
``(1) In general.--Under the Program, the Secretary shall
establish payment amounts for organizations awarded a contract
under this section. Such payment amounts shall be directly
linked to the ability of the CTC to achieve or exceed quality
and cost targets, including a shared savings payment for
demonstrated reductions in the expected rehospitalization rate
for individuals receiving care from the CTC.
``(2) Adjustment.--The Secretary shall make appropriate
adjustments to payments to CTCs under this section to take into
account adverse selection of individuals and the variation in
the health status of individuals among CTCs, including high
cost outliers. Such adjustments shall be made in a budget-
neutral manner.
``(3) Trust funds.--Payments to CTCs under this section
shall be payable from--
``(A) funds in the Federal Hospital Insurance Trust
Fund; and
``(B) funds in the Federal Supplementary Medical
Insurance Trust Fund,
in such proportion as the Secretary shall deem to be fair and
equitable after taking into consideration the quality
improvements and cost savings achieved by such entities.
``(d) Regulations.--The Secretary shall promulgate regulations to
carry out this section. Such regulations shall be promulgated by not
later than 18 months after the date of enactment of this section.''. | Medicare Care Transitions Program Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a Care Transitions Program under which outcomes-based payments are made to community-based transitional care (CTC) suppliers for: (1) furnishing care transition services to an individual after discharge from inpatient care; (2) improving quality of care; and (3) reducing rehospitalization rates. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to establish a Care Transitions Program in order to improve quality and cost-effectiveness of care for Medicare beneficiaries."} | 1,615 | 99 | 0.626173 | 1.510743 | 1.689582 | 3.174419 | 17.5 | 0.965116 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Violence Prevention Act of
2001''.
TITLE I--EXPANSION OF INSTANT GUN CHECK CAPABILITIES
SEC. 101. EXPANSION OF BYRNE PURPOSES.
Section 501(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3751(b)) is amended--
(1) by redesignating paragraphs (16) through the second
paragraph (27) as paragraphs (17) through (30), respectively;
and
(2) by inserting after paragraph (15) the following:
``(16) developing or expanding a State instant criminal
background check system that includes allowing only limited
access of the system, regarding the eligibility status of a
proposed firearm purchaser (after receiving the purchaser's
express authorization), to a person who sells a firearm and is
not a licensed dealer;''.
SEC. 102. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.
Section 509 of Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3759) is amended by--
(1) in subsection (a), by striking ``5 percent'' and
inserting ``6 percent''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in the first paragraph (4), by striking the
period and inserting ``; and'';
(C) by redesignating the second paragraph (4) that
ends with ``1993.''as paragraph (6); and
(D) by inserting after the first paragraph (4) the
following:
``(5) developing or expanding a State instant criminal
background check system that includes allowing only limited
access of the system, regarding the eligibility status of a
proposed firearm purchaser (after receiving the purchaser's
express authorization), to a person who sells a firearm and is
not a licensed dealer; and''.
TITLE II--NONREFUNDABLE CREDIT FOR PURCHASE OF SAFE STORAGE DEVICES FOR
FIREARMS
SEC. 201. NONREFUNDABLE CREDIT FOR PURCHASE OF SAFE STORAGE DEVICES FOR
FIREARMS.
(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 25A the
following new section:
``SEC. 25B. PURCHASE OF SAFE STORAGE DEVICES FOR FIREARMS.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for a taxable year an amount
equal to the qualified firearm safe storage device expenses for the
taxable year.
``(b) Lifetime Dollar Limitation.--The aggregate amount of expenses
paid by an individual which may be treated as qualified firearm safe
storeage device expenses for any taxable year shall not exceed the
excess (if any) of--
``(1) $250, over
``(2) the aggregate amounts treated as qualified firearm
safe storeage device expenses with respect to such individual
for all prior taxable years.
``(c) Qualified Firearm Safe Storage Device Expense.--For purposes
of this section--
``(1) In general.--The term `qualified firearm safe storage
device expense' means amounts paid for a trigger lock, secure
locked cabinet, or other safety device used solely for the
storeage of a firearm.
``(2) Firearm.--The term `firearm' has the meaning given
such term by section 921(a)(3) of title 18, United States
Code.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:
``Sec. 25B. Purchase of safe storage
devices for firearms.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
TITLE III--HANDGUN CHILD SAFETY LOCKS
SEC. 301. PROHIBITION AGAINST MANUFACTURE OF A HANDGUN WITHOUT CHILD
SAFETY LOCKS.
(a) Prohibition Against Manufacture of Handgun Without Child Safety
Lock Attached.--
(1) Prohibition.--It shall be unlawful for any person, in
or affecting commerce, to manufacture a handgun in the United
States, unless a child safety lock which meets the requirement
of subsection (b) is attached to, or is an integral part of,
the firearm.
(2) Penalties.--The Secretary shall impose a civil fine of
$5,000 on any person who violates paragraph (1).
(b) Child Safety Lock Requirements.--A lock meets the requirements
of this subsection if the lock, while activated or attached to the
firearm, prevents the firearm from being discharged.
(c) Judicial Review.--Not later than 60 days after an individual
receives notice from the Secretary of a decision to impose a fine on
the individual under this section, the individual may bring an action
against the Secretary in any United States district court for de novo
review of the decision.
(d) Inapplicability to Governmental Entities.--Subsection (a) shall
not apply to conduct of, or authorized by, the United States or any
department or agency thereof, or any State or any department, agency,
or political subdivision thereof.
(e) Definitions.--As used in this section, the terms ``State'',
``handgun'', and ``Secretary'' shall have the meanings given such terms
in section 921(a) of title 18, United States Code.
TITLE IV--CHILD FIREARM ACCESS PREVENTION
SEC. 401. CHILDREN AND FIREARMS SAFETY.
(a) Prohibition and Penalties.--Section 922 of title 18, United
States Code, is amended by inserting after subsection (y) the
following:
``(z) Prohibition Against Giving Juveniles Access to Certain
Firearms.--
``(1) Definition of juvenile.--In this subsection, the term
`juvenile' means an individual who has not attained the age of
18 years.
``(2) Prohibition.--Except as provided in paragraph (3),
any person that--
``(A) keeps a loaded firearm, or an unloaded
firearm and ammunition for the firearm, any of which
has been shipped or transported in interstate or
foreign commerce or otherwise substantially affects
interstate or foreign commerce, within any premise that
is under the custody or control of that person; and
``(B) knows, or reasonably should know, that a
juvenile is capable of gaining access to the firearm
without the permission of the parent or legal guardian
of the juvenile,
shall, if a juvenile obtains access to the firearm and thereby
causes death or bodily injury to the juvenile or to any other
person, or exhibits the firearm either in a public place, or in
violation of subsection (q), be imprisoned not more than 1
year, fined not more than $10,000, or both.
``(3) Exceptions.--Paragraph (2) does not apply if--
``(A) the person uses a secure gun storage or
safety device for the firearm;
``(B) the person is a peace officer, a member of
the Armed Forces, or a member of the National Guard,
and the juvenile obtains the firearm during, or
incidental to, the performance of the official duties
of the person in that capacity;
``(C) the juvenile obtains, or obtains and
discharges, the firearm in a lawful act of self-defense
or defense of 1 or more other persons;
``(D) the person has no reasonable expectation,
based on objective facts and circumstances, that a
juvenile is likely to be present on the premises on
which the firearm is kept; or
``(E) the juvenile obtains the firearm as a result
of unlawful entry by the juvenile.''.
(b) Role of Licensed Firearms Dealers.--Section 926 of title 18,
United States Code, is amended by adding at the end the following:
``(d) The Secretary shall ensure that a copy of section 922(z)
appears on the form required to be obtained by a licensed dealer from a
prospective transferee of a firearm.''.
(c) No Effect on State Law.--Nothing in this section or the
amendments made by this section shall be construed to preempt any
provision of the law of any State, the purpose of which is to prevent
children from injuring themselves or others with firearms. | Youth Violence Prevention Act of 2001- Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of drug control (Byrne) grants to develop or expand a State instant criminal background check system that includes allowing a person who sells a firearm and who is not a licensed dealer only limited access of the system regarding the eligibility status of a proposed firearm purchaser.Amends the Internal Revenue Code to allow a non-refundable personal credit against Federal income tax for qualified firearm safe storage device expenses for a taxable year.Prohibits the manufacture of a handgun in the United States unless a child safety lock is attached to, or is an integral part of, the firearm. Requires the Secretary of the Treasury to impose a civil fine of $5,000 for violations.Amends the Brady Handgun Violence Prevention Act to subject any person who keeps a loaded firearm, or an unloaded firearm and ammunition, within any premise under such person's control and who knows that a juvenile is capable of gaining access to the firearm without the permission of the parent or legal guardian, to one year's imprisonment and a $10,000 fine if a juvenile obtains access and causes death or bodily injury or illegally exhibits the firearm in a public place or school zone. | {"src": "billsum_train", "title": "To allow States to develop or expand instant gun checking capabilities, to allow a tax credit for the purchase of safe storage devices for firearms, to promote the fitting of handguns with child safety locks, and to prevent children from injuring themselves and others with firearms."} | 2,027 | 288 | 0.563146 | 1.633823 | 0.739113 | 4.144068 | 7.288136 | 0.889831 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Surplus Property Reform Act
of 1997''.
SEC. 2. SPECIAL AUTHORITIES OF SECRETARY OF DEFENSE REGARDING DISPOSAL
OF EXCESS AND SURPLUS PROPERTY.
(a) Expansion of Limitation on Use of Excess Nonlethal Supplies for
International Assistance Programs.--
(1) Expansion of limitation.--Section 2552 of title 10,
United States Code, is amended to read as follows:
``Sec. 2552. Limitation on use of nonlethal excess supplies from
Department of Defense stocks in foreign assistance,
humanitarian assistance, and military sales programs
``(a) Limitation.--Nonlethal excess supplies from the stocks of the
Department of Defense may be transferred to a foreign country or
international organization pursuant to part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2301 et seq.) or section 21 of the
Arms Export Control Act (22 U.S.C. 2761) or used for humanitarian
relief purposes under section 2547 of this title only if--
``(1) no department or agency of the Federal Government
(other than the Department of Defense), no State, and no other
person or entity eligible to receive excess or surplus property
under the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 472 et seq.) submits to the Administrator of
General Services a request for the nonlethal excess supplies;
or
``(2) the President certifies to Congress that the transfer
is necessary in order to respond to an emergency for which the
nonlethal excess supplies are especially suited.
``(b) Nonlethal Excess Supplies Defined.--In this section, the term
`nonlethal excess supplies' means property, other than real property,
of the Department of Defense--
``(1) that is excess property, as defined in regulations of
the Department of Defense; and
``(2) that is not a weapon, ammunition, or other equipment
or material that is designed to inflict serious bodily harm or
death.''.
(2) Conforming amendment.--Section 2547(a) of such title is
amended by striking ``The Secretary of Defense'' and inserting
``Subject to section 2552 of this title, the Secretary of
Defense''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 152 of such title is amended by amending
the item relating to section 2552 to read as follows:
``2552. Limitation on use of nonlethal excess supplies from Department
of Defense stocks in foreign assistance,
humanitarian assistance, and military sales
programs.''.
(b) Elimination of General Delegation to Secretary of Defense of
Disposal Authority Over Personal Property.--
(1) Base closures under 1988 act.--Section 204(b)(1) of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is
amended--
(A) in the matter above subparagraph (A), by
striking out ``real property, facilities, and personal
property,'' and inserting in lieu thereof ``real
property and facilities'';
(B) in subparagraph (A), by inserting ``, other
than personal property,'' after ``excess property'';
(C) in subparagraph (B), by inserting ``, other
than personal property,'' after ``surplus property'';
and
(D) in subparagraph (C), by inserting before the
period at the end the following: ``, other than such
authority with respect to personal property''.
(2) Base closures under 1990 act.--Section 2905(b)(1) of
the Defense Base Closure and Realignment Act of 1990 (Public
Law 101-510; 10 U.S.C. 2687 note) is amended--
(A) in the matter above subparagraph (A), by
striking out ``real property, facilities, and personal
property,'' and inserting in lieu thereof ``real
property and facilities'';
(B) in subparagraph (A), by inserting ``, other
than personal property,'' after ``excess property'';
(C) in subparagraph (B), by inserting ``, other
than personal property,'' after ``surplus property'';
and
(D) in subparagraph (C), by inserting before the
period at the end the following: ``, other than such
authority with respect to personal property''.
(c) Support for Regional Equipment Centers.--
(1) Newport township center.--Section 210 of Public Law
101-302 (104 Stat. 220) is repealed.
(2) Cambria county center.--Section 9148 of Public Law 102-
396 (106 Stat. 1941) is repealed.
SEC. 3. REPEAL OF AUTHORITY TO TRANSFER SURPLUS PROPERTY TO
DISADVANTAGED SMALL BUSINESS CONCERNS ON PRIORITY BASIS.
Section 7(j)(13)(F) of the Small Business Act (15 U.S.C.
636(j)(13)(F)) is amended--
(1) in the first sentence by striking ``or surplus
property'';
(2) in the second sentence by striking ``or property'';
(3) by striking the third sentence; and
(4) in the fourth sentence by striking ``or property''.
SEC. 4. SURPLUS EQUIPMENT OF DEPARTMENT OF ENERGY RESEARCH AND
DEVELOPMENT FACILITIES.
Section 3166(b) of the Department of Energy Science Education
Enhancement Act (42 U.S.C. 7381c(b)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively.
SEC. 5. EXCESS LABORATORY RESEARCH EQUIPMENT.
(a) Repeal.--Section 11(i) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710(i)) is repealed.
(b) Delegation of Authority to Directors of Federal Laboratories.--
Section 203(j) of the Federal Property and Administrative Services act
of 1949 (40 U.S.C. 484(j)) is amended by adding at the end the
following new paragraph:
``(6) Under such regulations as the Administrator may prescribe,
the Administrator may delegate to the director of any Federal
laboratory (as defined in section 12(d)(2) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2))) the
authority of the Administrator under this subsection with respect to
the transfer and disposal of scientific and technical surplus property
under the management or control of that Federal laboratory, if the
director of the Federal laboratory certifies that the equipment is
needed by an educational institution or nonprofit organization for the
conduct of scientific and technical education and research.''. | Federal Surplus Property Reform Act of 1997 - Amends Federal law to repeal the authority of the Defense Reutilization and Marketing Service to receive requests for the transfer to foreign countries or international organizations in foreign assistance or military sales programs of excess supplies of Department of Defense (DOD) construction and fire equipment. Authorizes the Administrator of General Services, instead, to receive such requests.
Limits to nonlethal the type of excess supplies that may be transferred. Allows such transfer for humanitarian relief purposes. Requires the President to certify to the Congress the emergency necessity for any such transaction.
Amends specified Federal law to repeal the general delegation to the Secretary of Defense of disposal authority over personal property.
Repeals the mandate for DOD participation in infrastructure improvement demonstration programs conducted by Regional Equipment Centers in Newport Township and Cambria County, Pennsylvania.
(Sec. 3) Repeals general authority to transfer surplus property to disadvantaged small businesses.
(Sec. 4) Repeals the authority of the Secretary of Energy to transfer surplus equipment to an educational institution with which it has a partnership agreement.
(Sec. 5) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to repeal the authority of a Federal agency head or the director of a Federal laboratory to give excess research equipment to an educational institution or nonprofit organization. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of General Services to delegate such transfer authority to the director of a Federal laboratory. | {"src": "billsum_train", "title": "Federal Surplus Property Reform Act of 1997"} | 1,620 | 322 | 0.521667 | 1.572165 | 0.785677 | 1.989362 | 4.734043 | 0.833333 |
PROCEDURES.
Subsection (a) of section 7123 of the Internal Revenue Code of 1986
is amended to read as follows:
``(a) Referral to Appeals Procedures.--The Secretary shall
prescribe procedures by which any taxpayer may request--
``(1) early referral of 1 or more unresolved issues from
the examination or collection division to the Internal Revenue
Service Office of Appeals, or
``(2) consideration by such Office of Appeals of issues
included in--
``(A) a letter of proposed deficiency described in
section 6212(a)(2)(A), or
``(B) a notice of deficiency pursuant to section
6212, whether or not the taxpayer has filed a petition
with the Tax Court pursuant to section 6213(a), a claim
for refund, or a suit in a district court or the United
States Court of Federal Claims with respect to such
issues.
Such regulations may limit such procedures in cases involving
solely the failure or refusal to comply with the tax laws
because of moral, religious, political, constitutional,
conscientious, or similar grounds, or for other positions
listed as frivolous under section 6702(c). Such procedures
shall not be available in the case of issues designated for
litigation in accordance with section 7124.''.
SEC. 3. RESTRICTION ON SECRETARIAL AUTHORITY TO DESIGNATE CASES FOR
LITIGATION.
(a) In General.--Chapter 74 of the Internal Revenue Code of 1986 is
amended by redesignating section 7124 as section 7125 and by inserting
after section 7123 the following new section:
``SEC. 7124. RESTRICTION ON SECRETARIAL AUTHORITY TO DESIGNATE CASES
FOR LITIGATION.
``(a) In General.--The Secretary may designate issues arising from
the examination or collection division for litigation, and not permit
the taxpayer to request consideration of such issues by the Internal
Revenue Service Office of Appeals under section 7123(a), only to the
extent such issues relate to listed transactions (as defined in section
6707A(c)(2)).
``(b) Settlement.--In offering terms under a settlement agreement
for purposes of the resolution of any issues arising from the
examination or collection division, the Secretary may offer terms that
preclude the taxpayer from requesting consideration of such issues by
the Office of Appeals under section 7123(a) only to the extent such
issues relate to listed transactions (as defined in section
6707A(c)(2)).''.
(b) Clerical Amendment.--The table of sections for chapter 74 of
the Internal Revenue Code of 1986 is amended by striking the item
relating to section 7124 and inserting the following new items:
``Sec. 7124. Restriction on Secretarial authority to designate cases
for litigation.
``Sec. 7125. Cross references.''.
(c) Effective Date.--The amendments made by this section shall
apply to the designation of issues for litigation, and offers of
settlement terms, after April 20, 2016.
SEC. 4. MODIFICATION OF AUTHORITY TO ISSUE DESIGNATED SUMMONS.
(a) In General.--Paragraph (1) of section 6503(j) of the Internal
Revenue Code of 1986 is amended by striking ``coordinated examination
program'' and inserting ``coordinated industry case program''.
(b) Designated Summons.--Clause (i) of section 6503(j)(2)(A) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(i) the issuance of such summons is
preceded by a review and written approval of
such issuance by the Large Business and
International Division Commissioner and the
Division Counsel of the Office of Chief Counsel
(or their successors)--
``(I) which clearly establishes
that the taxpayer did not reasonably
cooperate with reasonable requests by
the Secretary for witnesses, documents,
meetings, and interviews, and
``(II) which is attached to such
summons,''.
(c) Burden of Proof.--Subsection (j) of section 6503 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(4) Burden of proof.--In any court proceeding described
in paragraph (3), the Secretary shall bear the burden of
proving that the corporation described in paragraph (1) did not
reasonably cooperate with reasonable requests by the Secretary
for witnesses, documents, meetings, and interviews.''.
(d) Effective Date.--The amendments made by this section shall
apply to summonses issued after April 20, 2016.
SEC. 5. LIMITATION ON ACCESS OF NON-IRS EMPLOYEES TO RETURNS AND RETURN
INFORMATION ACQUIRED BY SUMMONS.
(a) In General.--Section 7602 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Limitation on Access of Persons Other Than IRS Officers and
Employees.--The authority granted under this section may not be
delegated, directly or indirectly, to any person authorized to receive
returns and return information under section 6103(n).''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall take effect on the date of
the enactment of this Act.
(2) Application to contracts in effect.--The amendment made
by this section shall apply to any contract in effect under
section 6103(n) of the Internal Revenue Code of 1986, pursuant
to temporary Treasury Regulation section 301.7602-1T proposed
in Internal Revenue Bulletin 2014-28 or any similar or
successor regulation, that is in effect on the date of the
enactment of this Act. | This bill amends the Internal Revenue Code to establish new procedures and requirements for administrative appeals of Internal Revenue Service (IRS) deficiency determinations. If the IRS determines that there is a deficiency with respect to a tax imposed, it may send a notice of deficiency to a taxpayer after: the taxpayer has been issued a letter of proposed deficiency that explains the basis for the determination of deficiency and provides an opportunity for administrative review in the IRS Office of Appeals; and either: (1) the time provided in the letter for contacting the office has expired and the taxpayer has not contacted the office, or (2) the office has issued a decision with respect to the deficiency. The bill includes exceptions to these requirements for frivolous tax positions and issues in cases designated for litigation. The IRS must permit a taxpayer to appeal a deficiency prior to issuing a deficiency notice if 60 or fewer days remain on the statute of limitations and the taxpayer agrees to extend the period for 12 months. The bill modifies appeals dispute resolution procedures. It also restricts the authority of the IRS to: (1) designate cases for litigation without permitting an appeal, or (2) offer settlement agreements that preclude an appeal. The bill modifies the authority of the IRS to issue a summons and limits the access that people outside of the IRS have to returns and return information acquired by a summons. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to preserve taxpayers' rights to administrative appeal of deficiency determinations, and for other purposes."} | 1,296 | 316 | 0.517612 | 1.59216 | 0.70753 | 1.333333 | 4.085185 | 0.725926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications Commission
Consolidated Reporting Act of 2015''.
SEC. 2. COMMUNICATIONS MARKETPLACE REPORT.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 13. COMMUNICATIONS MARKETPLACE REPORT.
``(a) In General.--In the last quarter of every even-numbered year,
the Commission shall publish on its website and submit to the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the state of the communications marketplace.
``(b) Contents.--Each report required by subsection (a) shall--
``(1) assess the state of competition in the communications
marketplace, including competition to deliver voice, video,
audio, and data services among providers of telecommunications,
providers of commercial mobile service (as defined in section
332), multichannel video programming distributors (as defined
in section 602), broadcast stations, providers of satellite
communications, Internet service providers, and other providers
of communications services;
``(2) assess the state of deployment of communications
capabilities, including advanced telecommunications capability
(as defined in section 706 of the Telecommunications Act of
1996 (47 U.S.C. 1302)), regardless of the technology used for
such deployment, including whether advanced telecommunications
capability is being deployed to all Americans in a reasonable
and timely fashion;
``(3) assess whether laws, regulations, or regulatory
practices (whether those of the Federal Government, States,
political subdivisions of States, Indian tribes or tribal
organizations (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)), or foreign governments) pose a barrier to
competitive entry into the communications marketplace or to the
competitive expansion of existing providers of communications
services;
``(4) describe the agenda of the Commission for the next 2-
year period for addressing the challenges and opportunities in
the communications marketplace that were identified through the
assessments under paragraphs (1) through (3); and
``(5) describe the actions that the Commission has taken in
pursuit of the agenda described pursuant to paragraph (4) in
the previous report submitted under this section.
``(c) Extension.--If the President designates a Commissioner as
Chairman of the Commission during the last quarter of an even-numbered
year, the portion of the report required by subsection (b)(4) may be
published on the website of the Commission and submitted to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate as
an addendum during the first quarter of the following odd-numbered
year.
``(d) Special Requirements.--
``(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission shall
consider all forms of competition, including the effect of
intermodal competition, facilities-based competition, and
competition from new and emergent communications services,
including the provision of content and communications using the
Internet.
``(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission shall
compile a list of geographical areas that are not served by any
provider of advanced telecommunications capability.
``(3) International comparisons and demographic
information.--The Commission may use readily available data to
draw appropriate comparisons between the United States
communications marketplace and the international communications
marketplace and to correlate its assessments with demographic
information.
``(4) Considering small businesses.--In assessing the state
of competition under subsection (b)(1) and regulatory barriers
under subsection (b)(3), the Commission shall consider market
entry barriers for entrepreneurs and other small businesses in
the communications marketplace in accordance with the national
policy under section 257(b).
``(5) Considering cable rates.--In assessing the state of
competition under subsection (b)(1), the Commission shall
include in each report required by subsection (a) the aggregate
average total amount paid by cable systems in compensation
under section 325 during the period covered by such report.''.
SEC. 3. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING AMENDMENTS.
(a) ORBIT Act Report.--Section 646 of the Communications Satellite
Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed.
(b) Satellite Competition Report.--Section 4 of Public Law 109-34
(47 U.S.C. 703) is repealed.
(c) International Broadband Data Report.--Section 103 of the
Broadband Data Improvement Act (47 U.S.C. 1303) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) through (e) as
subsections (b) through (d), respectively.
(d) Status of Competition in the Market for the Delivery of Video
Programming Report.--Section 628 of the Communications Act of 1934 (47
U.S.C. 548) is amended--
(1) by striking subsection (g);
(2) by redesignating subsection (j) as subsection (g); and
(3) by transferring subsection (g) (as redesignated) so
that it appears after subsection (f).
(e) Report on Cable Industry Prices.--
(1) In general.--Section 623 of the Communications Act of
1934 (47 U.S.C. 543) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendment.--Section 613(a)(3) of the
Communications Act of 1934 (47 U.S.C. 533(a)(3)) is amended by
striking ``623(l)'' and inserting ``623(k)''.
(f) Triennial Report Identifying and Eliminating Market Entry
Barriers for Entrepreneurs and Other Small Businesses.--Section 257 of
the Communications Act of 1934 (47 U.S.C. 257) is amended by striking
subsection (c).
(g) Section 706 Report.--Section 706 of the Telecommunications Act
of 1996 (47 U.S.C. 1302) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Determination.--If the Commission determines in its report
under section 13 of the Communications Act of 1934, after considering
the availability of advanced telecommunications capability to all
Americans (including, in particular, elementary and secondary schools
and classrooms), that advanced telecommunications capability is not
being deployed to all Americans in a reasonable and timely fashion, the
Commission shall take immediate action to accelerate deployment of such
capability by removing barriers to infrastructure investment and by
promoting competition in the telecommunications market.'';
(2) by striking subsection (c);
(3) in subsection (d), by striking ``this subsection'' and
inserting ``this section''; and
(4) by redesignating subsection (d) as subsection (c).
(h) State of Competitive Market Conditions With Respect to
Commercial Mobile Radio Services.--Section 332(c)(1)(C) of the
Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by
striking the first and second sentences.
(i) Previously Eliminated Annual Report.--
(1) In general.--Section 4 of the Communications Act of
1934 (47 U.S.C. 154) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendments.--The Communications Act of 1934
is amended--
(A) in section 9(i), by striking ``In the
Commission's annual report, the Commission shall
prepare an analysis of its progress in developing such
systems and'' and inserting ``The Commission''; and
(B) in section 309(j)(8)(B), by striking the last
sentence.
(j) Additional Outdated Reports.--The Communications Act of 1934 is
further amended--
(1) in section 4--
(A) in subsection (b)(2)(B)(ii), by striking ``and
shall furnish notice of such action'' and all that
follows through ``subject of the waiver''; and
(B) in subsection (g), by striking paragraph (2);
(2) in section 215--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b);
(3) in section 227(e), by striking paragraph (4);
(4) in section 309(j)--
(A) by striking paragraph (12); and
(B) in paragraph (15)(C), by striking clause (iv);
(5) in section 331(b), by striking the last sentence;
(6) in section 336(e), by amending paragraph (4) to read as
follows:
``(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the program
required by this subsection.'';
(7) in section 339(c), by striking paragraph (1);
(8) in section 396--
(A) by striking subsection (i);
(B) in subsection (k)--
(i) in paragraph (1), by striking
subparagraph (F); and
(ii) in paragraph (3)(B)(iii), by striking
subclause (V);
(C) in subsection (l)(1)(B), by striking ``shall be
included'' and all that follows through ``The audit
report''; and
(D) by striking subsection (m);
(9) in section 398(b)(4), by striking the third sentence;
(10) in section 624A(b)(1)--
(A) by striking ``Report; regulations'' and
inserting ``Regulations'';
(B) by striking ``Within 1 year after'' and all
that follows through ``on means of assuring'' and
inserting ``The Commission shall issue such regulations
as are necessary to assure''; and
(C) by striking ``Within 180 days after'' and all
that follows through ``to assure such compatibility.'';
and
(11) in section 713, by striking subsection (a).
SEC. 4. EFFECT ON AUTHORITY.
Nothing in this Act or the amendments made by this Act shall be
construed to expand or contract the authority of the Federal
Communications Commission.
SEC. 5. OTHER REPORTS.
Nothing in this Act or the amendments made by this Act shall be
construed to prohibit or otherwise prevent the Federal Communications
Commission from producing any additional reports otherwise within the
authority of the Commission.
Passed the House of Representatives February 24, 2015.
Attest:
KAREN L. HAAS,
Clerk. | . Federal Communications Commission Consolidated Reporting Act of 2015 (Sec. 2) Amends the Communications Act of 1934 to replace various reporting requirements with a communications marketplace report that the Federal Communications Commission (FCC) is required to publish on its website and submit to Congress every two years assessing: (1) competition in the communications marketplace; (2) deployment of communications capabilities, including whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion; and (3) whether laws, regulations, or regulatory practices pose a barrier to competitive entry or expansion of existing providers of communications services. Requires the report to describe the FCC's actions in the marketplace and its agenda for the next two years. Directs the FCC to: (1) compile a list of geographic areas that are not served by any provider of advanced telecommunications capability; and (2) consider market entry barriers for entrepreneurs and small businesses in accordance with national policy favoring diversity of media voices, competition, technological advancement, and promotion of the public interest, convenience, and necessity. Requires the FCC's competition assessments to include the aggregate average total amount paid by cable systems for retransmission consent. (Sec. 3) Repeals or consolidates various reports of the FCC and the Corporation for Public Broadcasting, including reports on satellite competition, international broadband, video programming, cable industry prices, small business entry barriers, commercial mobile radio, services to minority and diverse audiences, waivers from requirements prohibiting FCC employees from being financially interested in companies subject to FCC regulation, and several other existing reports under such Act. Amends the Telecommunications Act of 1996 to require the FCC to determine from the communications marketplace report every two years (currently, in an inquiry initiated each year) whether it must act immediately to accelerate deployment of advanced telecommunications capabilities, particularly in elementary and secondary schools, by removing barriers to infrastructure investment and promoting competition. | {"src": "billsum_train", "title": "Federal Communications Commission Consolidated Reporting Act of 2015"} | 2,455 | 414 | 0.666239 | 2.187214 | 0.86135 | 2.576503 | 6.060109 | 0.822404 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Fishermen's Development Act of
2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Sea grant institution.--The term ``Sea Grant
Institution'' means a sea grant college or sea grant institute,
as those terms are defined in section 203 of the National Sea
Grant College Program Act (33 U.S.C. 1122).
(2) Young fisherman.--The term ``young fisherman'' means an
individual who--
(A)(i) desires to participate in the commercial
fisheries of the United States, including the Great
Lakes fisheries;
(ii) has worked as a captain, crew member,
deckhand, or other at-sea position on a commercial
fishing vessel for not more than 10 years of cumulative
service; or
(iii) is a beginning commercial fisherman; and
(B) is less than 35 years of age.
SEC. 3. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Secretary of Commerce, acting through the
National Sea Grant Office, shall establish a program to provide
training, education, outreach, and technical assistance initiatives for
young fishermen.
(b) Designation.--The program established under subsection (a)
shall be known as the ``Young Fishermen's Development Grant Program''.
SEC. 4. GRANTS.
(a) In General.--In carrying out the Young Fishermen's Development
Grant Program (referred to in this section as the ``Program''), the
Secretary shall make competitive grants to support new and established
local and regional training, education, outreach, and technical
assistance initiatives for young fishermen, including programs,
workshops, and services relating to--
(1) seamanship, navigation, electronics, and safety;
(2) vessel and engine care, maintenance, and repair;
(3) innovative conservation fishing gear engineering and
technology;
(4) sustainable fishing practices;
(5) entrepreneurship and good business practices;
(6) direct marketing, supply chain, and traceability;
(7) financial and risk management, including vessel,
permit, and quota purchasing;
(8) State and Federal legal requirements for specific
fisheries, including reporting, monitoring, licenses, and
regulations;
(9) State and Federal fisheries policy and management;
(10) mentoring, apprenticeships, or internships; and
(11) any other activities, opportunities, or programs as
determined appropriate by the Secretary.
(b) Eligibility.--
(1) Applicants.--To be eligible to receive a grant under
the Program, the recipient must be a collaborative State,
Tribal, local, or regionally based network or partnership of
public or private entities, which may include--
(A) a Sea Grant Institution;
(B) a Federal, State, or tribal agency;
(C) a community-based or nongovernmental
organization;
(D) fishermen's cooperatives or associations,
including permit banks and trusts;
(E) Alaska Native corporations;
(F) a college or university (including an
institution awarding an associate's degree), or a
foundation maintained by a college or university; or
(G) any other appropriate entity as determined by
the Secretary.
(2) Participants.--All young fishermen seeking to
participate in the commercial fisheries of the United States
and the Great Lakes are eligible to participate in the
activities funded through grants provided for in this section,
except that participants in such activities shall be selected
by each grant recipient.
(c) Maximum Term and Amount of Grant.--
(1) In general.--A grant under this section shall--
(A) have a term of no more than 3 fiscal years; and
(B) be in an amount that is not more than $200,000
for each fiscal year.
(2) Consecutive grants.--An eligible recipient may receive
consecutive grants under this section.
(d) Matching Requirement.--To be eligible to receive a grant under
this section, a recipient shall provide a match in the form of cash or
in-kind contributions in the amount equal to or greater than 25 percent
of the funds provided by the grant.
(e) Regional Balance.--In making grants under this section, the
Secretary shall, to the maximum extent practicable, ensure geographic
diversity.
(f) Priority.--In awarding grants under this section, the Secretary
shall give priority to partnerships and collaborations that are led by
or include nongovernmental fishing community-based organizations and
school-based fisheries educational organizations with expertise in
fisheries and sustainable fishing training and outreach.
(g) Cooperation and Evaluation Criteria.--In carrying out this
section and especially in developing criteria for evaluating grant
applications, the Secretary shall cooperate, to the maximum extent
practicable, with--
(1) Sea Grant Institutions and extension agents of such
institutions;
(2) community-based and nongovernmental fishing
organizations;
(3) Federal and State agencies, including Regional Fishery
Management Councils established under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1851 et
seq.);
(4) colleges and universities with fisheries expertise and
programs; and
(5) other appropriate partners as determined by the
Secretary.
(h) Prohibition.--A grant under this section may not be used to
purchase any fishing license, permit, quota, or other harvesting right.
SEC. 5. FUNDING.
(a) In General.--Of the amount made available to the Secretary of
Commerce under section 311(e) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861(e)) for each of fiscal
years 2018 through 2022, the Secretary shall use $2,000,000 to carry
out section 4 of this Act.
(b) Proportional Allocation.--The amount obligated under this
section each fiscal year for activities in each fishery management
region shall be in the same proportion as the portion of the total
amount obligated under this section for that fiscal year that was
collected in that region. | Young Fishermen's Development Act of 2017 This bill directs the National Sea Grant Office in the National Oceanic and Atmospheric Administration to establish a Young Fishermen's Development Grant Program to provide training, education, outreach, and technical assistance initiatives for young fishermen. The office shall make competitive matching grants to support local and regional training, education, outreach, and technical assistance initiatives for young fishermen, including programs, workshops, and services related to seamanship, navigation, electronics, and safety, vessel and engine care, and sustainable fishing practices. Grant recipients must be a collaborative state, tribal, local, or regionally based network or partnership of public or private entities. In awarding grants, the office shall give priority to partnerships and collaborations that are led by or include nongovernmental fishing community-based organizations and school-based fisheries educational organizations with expertise in fisheries and sustainable fishing training and outreach. Grants may not be used to purchase a fishing license, permit, quota, or other harvesting right. | {"src": "billsum_train", "title": "Young Fishermen\u2019s Development Act of 2017"} | 1,319 | 217 | 0.648951 | 1.776715 | 1.219677 | 6.756614 | 6.412698 | 0.957672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``General Aviation Security Act of
2005''.
SEC. 2. GENERAL AVIATION AIRPORT SECURITY.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44926. General aviation airport security
``(a) Definitions.--In this section, the following definitions
apply:
``(1) General aviation airport.--The term `general aviation
airport' means an airport that serves the operation of civilian
aircraft for purposes other than commercial passenger
transport, including personal, business, and instructional
flying, and that the Secretary of Homeland Security determines,
by regulation, is subject to the requirements of this section.
``(2) Private-use airport.--The term `private-use airport'
means a general aviation airport used exclusively by the owner
of the airport and persons authorized by the owner.
``(3) Public-use airport.--The term `public-use airport'
means a general aviation airport available for use by the
general public without a requirement for the prior approval of
the owner or operator of the airport except as may be required
by Federal law or regulation.
``(b) Registration.--
``(1) In general.--In order to enhance the security at the
general aviation airports of the United States, the Secretary
of Homeland Security shall require a person desiring to operate
a private-use or public-use airport to register with the
Secretary within one year of the date of enactment of this
section.
``(2) Initial registration.--
``(A) Period of effectiveness.--The registration of
a private-use or public-use airport under this
subsection shall be effective for a period of 3 years.
``(B) Forms.--The registration shall be submitted
on forms provided by the Secretary. Such forms shall
contain the following information:
``(i) The physical and mailing addresses of
the airport.
``(ii) The telephone number, facsimile
number, and e-mail address of the airport.
``(iii) The name or names and telephone
number or numbers of one or more 24-hour
security contact persons, as designated by the
airport.
``(iv) A map showing the location and
general boundaries of the airport.
``(v) Such other information as the
Secretary may reasonably prescribe.
``(3) Security plan.--The registration also shall be
accompanied by the written security plan required under
subsection (c).
``(4) Renewal of registration.--
``(A) Period for renewals.--A private-use or
public-use airport shall renew its registration with
the Secretary every 3 years.
``(B) Forms.--Requests for renewal shall be made on
forms supplied by the Secretary and shall not be
accepted unless accompanied with an updated written
security plan as provided in subsection (c).
``(5) Fee.--The Secretary may impose fees to cover the
costs of incurred by the Secretary in carrying out
registrations and renewals under this subsection, and shall
ensure that any such fee is reasonably related, as determined
by the Secretary, to such costs.
``(c) Written Security Plan.--
``(1) Submission to secretary.--The Secretary shall require
each private-use and public-use airport to document its
security procedures in a written security plan that is
consistent with the most recent security guidelines for general
aviation airports published by the Transportation Security
Administration.
``(2) Updates.--The Secretary shall require an airport that
submits a plan under paragraph (1) to submit to the Secretary
an updated version of the plan every 3 years with the airport's
renewal application for registration under subsection (b).
``(3) Security enhancement recommendations.--
``(A) Consideration in developing written plans.--
In developing a written security plan, an airport shall
consider the applicable security enhancement
recommendations contained in the most recent security
guidelines for general aviation airports published by
the Transportation Security Administration.
``(B) Descriptions and justifications.--A written
security plan shall include a description of how the
airport has addressed each applicable recommendation of
such guidelines and a justification for not adopting
any applicable recommendation suggested by such
guidelines for the airport's security characteristics.
``(4) Use of self-assessment measurement tools.--Applicable
recommendations from such guidelines shall be determined by an
airport by using the airport characteristics self-assessment
measurement tool available in such document and any other self-
assessment tools subsequently issued by the Transportation
Security Administration.
``(5) Submission to local law enforcement agencies.--In
addition to submitting a written security plan to the Secretary
under subsection (b), a private-use and public-use airport
shall submit a copy of the plan and all updates of the plan to
local law enforcement agencies having jurisdiction over the
airport.
``(d) Additional Requirements.--
``(1) Private-use airports.--In addition to the other
provisions of this section, the Secretary shall ensure that
private-use airports meet the following requirements:
``(A) Require all aircraft to be double-locked,
with one lock internal to the aircraft, and one lock
external to the aircraft, when such aircraft is not in
operation.
``(B) Provide that all hangars be locked when not
in use.
``(C) Provide adequate fencing for secure areas.
``(2) Public-use airports.--In addition to the other
provisions of this section, the Secretary shall ensure that
public-use airports meet the requirements of private-use
airports set forth in paragraph (1) and the following
additional requirements:
``(A) Require verification of the identity of all
aircraft passengers by the aircraft crew.
``(B) Maintain a log of all transient aircraft for
a minimum of 5 years.
``(C) Develop a written list of emergency contacts
and telephone numbers, to be available to airport
personnel.
``(D) Restrict the access of unlicensed persons and
student pilots to aircraft keys.
``(E) Require persons renting aircraft to present
government-issued identification, which identification
shall be in addition to any pilot's license.
``(F) Post airport security warning signs and
advisories where appropriate.
``(G) Create an emergency locator map, which may be
hand-drawn generally to scale, identifying areas such
as runways, ramp areas, fence lines, gates, and sites
and provide copies of such map to emergency response
agencies serving such airport, to law enforcement
agencies having jurisdiction over such airport, and
appropriate airport personnel. Whenever there is a
physical change involving such areas, such map shall be
revised and resubmitted to the such emergency response
and law enforcement agencies and airport personnel
within 60 days of such change.
``(H) Familiarize local law enforcement with the
airport and consult with them in the airport's
development of appropriate security procedures.
``(e) Statement on Confidentiality.--The map required under
subsection (c)(2)(G) and the written security plan required under
subsection (c) shall each prominently display the following statement:
`This document may contain information that if disclosed could endanger
the life or safety of the public, and therefore this document is to be
maintained and used in a manner which preserves the confidentiality of
the information contained herein in a manner consistent with law.'.
``(f) Limitation on Disclosure of Information.--Notwithstanding any
other provision of law, neither the Secretary, nor any agency receiving
information from the Secretary, shall disclose safety or security
related information obtained from airports under this section if the
Secretary finds that withholding such information from disclosure would
be consistent with the Secretary's safety and security
responsibilities.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
449 of title 49, United States Code, is amended by adding at the end
the following:
``44926. General aviation airport security.''. | General Aviation Security Act of 2005 - Amends federal transportation law to require a person who desires to operate a private-use or public-use airport to register and submit a written security plan with the Secretary of Homeland Security so as to enhance the security at U.S. general aviation airports. Requires an airport in developing the security plan to consider applicable security enhancement recommendations contained in the most recent security guidelines for general aviation airports published by the Transportation Security Administration (TSA). Requires private-use and public-use airports to meet certain security requirements. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to enhance security at general aviation airports in the United States."} | 1,759 | 123 | 0.621054 | 1.422576 | 0.621721 | 4.163462 | 16.163462 | 0.913462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Declaration of Official Language Act
of 2001''.
SEC. 2. ENGLISH AS OFFICIAL LANGUAGE.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 6--LANGUAGE OF THE GOVERNMENT
``Sec.
``161. Declaration of official language.
``162. Preserving and enhancing the role of the official language.
``163. Duties of citizenship.
``164. Reform of naturalization requirement.
``165. Exceptions.
``166. Preemption.
``167. Construction.
``168. Enforcement.
``169. Prohibition.
``Sec. 161. Declaration of official language
``English is the official language of the Government of the United
States.
``Sec. 162. Preserving and enhancing the role of the official language
``The Government of the United States shall preserve and enhance
the role of English as the official language of the United States of
America. Unless specifically stated in applicable law, no person has a
right, entitlement, or claim to have the Government of the United
States or any of its officials or representatives act, communicate,
perform or provide services, or provide materials in any language other
than English. If exceptions are made, that does not create a legal
entitlement to additional services in that language or any language
other than English.''.
``Sec. 163. Duties of citizenship
``All United States citizens should be encouraged to read, write,
and speak English to the extent of their physical and mental abilities.
``Sec. 164. Reform of naturalization requirements
``(a) It has been the long-standing national belief that full
citizenship in the United States requires fluency in English. English
is the language of opportunity for all immigrants to take their
rightful place in American society.
``(b) The Immigration and Naturalization Service shall--
``(1) enforce the established English language proficiency
standard for all applicants for United States citizenship, and
``(2) conduct all naturalization ceremonies entirely in
English.
``Sec. 165. Exceptions
``This chapter does not apply to the use of a language other than
English for--
``(1) religious purposes,
``(2) training in foreign languages for international
communication,
``(3) use of non-English terms of art in government
documents,
``(4) law enforcement, or
``(5) scientific terminology.
``Sec. 166. Preemption
``This chapter preempts any Federal law, regulation, policy
guidance, agency ruling or determination, or any other Federal action
or policy which is inconsistent with this chapter.
``Sec. 167. Construction
``This Act is not intended to affect programs in schools designed
to encourage students to learn foreign languages.
``Sec. 168. Enforcement
``(a) Cause of Action.--Whoever is injured by a violation of this
chapter may, in a civil action, obtain appropriate relief.
``(b) Attorney's Fees.--In any action under this chapter, the court
may allow a prevailing party, other than the United States, a
reasonable attorney's fee as part of costs.
``Sec. 169. Prohibition
``No agency or department of the United States shall require the
government of any State or subdivision thereof, or any person or
organization, to communicate or provide materials in any language other
than English.''.
(b) Clerical Amendment.--The table of chapters for title 4, United
States Code, is amended by adding at the end the following new item:
``6. Language of the Government............................. 161''.
SEC. 3. REPEAL OF BILINGUAL EDUCATION ACT.
(a) Repeal of Bilingual Education Act.--The Bilingual Education Act
(20 U.S.C. 7401 et seq.) is repealed.
(b) Termination of Office of Bilingual Education and Minority
Languages Affairs.--
(1) In general.--The Office of Bilingual Education and
Minority Languages Affairs in the Department of Education is
terminated.
(2) Repeal of conforming provisions.--Sections 209, 216,
and 413(b)(1)(A) of the Department of Education Organization
Act are repealed.
(c) Unobligated Funds.--At the end of the transition period
described in subsection (d)(2), the Secretary shall deposit in the
general fund of the Treasury any funds that have not been awarded or
obligated for grants under the Bilingual Education Act (20 U.S.C. 7401
et seq.).
(d) Transitional Provisions.--
(1) Completion of programs during current school year.--
Subsection (a) shall not apply to any program under the
Bilingual Education Act (20 U.S.C. 7401 et seq.) until
completion of the most recent school year of the program that
commences after the date of the enactment of this Act.
(2) Assistance for transition to special alternative
instructional programs.--During the 1-year period beginning on
the date of the enactment of this Act, the Secretary of
Education may assist local educational agencies in the
transition of children enrolled in programs assisted under the
Bilingual Education Act (20 U.S.C 7401 et seq.) to special
alternative instructional programs (as such programs are
described in section 7501 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7601) that do not make use of
the native language of the student.
SEC. 4. CONSTRUCTION.
Nothing in this Act shall be construed as requiring that a State or
local educational agency develop, implement, provide, or maintain a
program of bilingual education.
SEC. 5. RELEASE FROM DECREE.
Any consent decree entered into with a State, locality, or local
educational agency, and either the Department of Health, Education, and
Welfare, or the Department of Education that requires such State,
locality, or local educational agency to develop, implement, provide,
or maintain any form of bilingual education is void.
SEC. 6. EFFECTIVE DATE.
Except as provided in subsections (c) and (d) of section 3, this
Act shall take effect on the date of the enactment of this Act.
SEC. 7. REPEAL OF BILINGUAL VOTING REQUIREMENTS.
(a) In General.--
(1) Bilingual election requirements.-- Section 203 of the
Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed.
(2) Voting rights.--Section 4 of the Voting Rights Act of
1965 (42 U.S.C. 1973b) is amended by striking subsection (f).
(b) Conforming Amendments.--
(1) References to section 203.--The Voting Rights Act of
1965 (42 U.S.C. 1973 et seq.) is amended--
(A) in section 204, by striking ``or 203,''; and
(B) in the first sentence of section 205, by
striking ``, 202, or 203'' and inserting ``or 202''.
(2) References to section 7.--The Voting Rights Act of 1965
(42 U.S.C. 1973 et seq.) is amended--
(A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6,
and 13, by striking ``, or in contravention of the
guarantees set forth in section 4(f)(2)'';
(B) in paragraphs (1)(A) and (3) of section 4(a),
by striking ``or (in the case of a State or subdivision
seeking a declaratory judgment under the second
sentence of this subsection) in contravention of the
guarantees of subsection (f)(2)''; and
(C) in paragraphs (1)(B) and (5) of section 4(a),
by striking ``or (in the case of a State or subdivision
which sought a declaratory judgment under the second
sentence of this subsection) that denials or
abridgments of the right to vote in contravention of
the guarantees of subsection (f)(2) have occurred
anywhere in the territory of such State or
subdivision''. | Declaration of Official Language Act of 2001 - Declares English to be the official language of the U.S. Government, and requires the U.S. Government to preserve and enhance the role of English as the official language of the U.S.A.Makes this Act inapplicable to the use of a language other than English for: (1) religious purposes; (2) for training in foreign languages for international communication; (3) terms of art in Government documents; (4) law enforcement; or (5) scientific terminology. Declares that this Act is not intended to affect programs in schools designed to encourage students to learn foreign languages.Directs the Immigration and Naturalization Service to: (1) enforce the established English language proficiency standard for all applicants for U.S. citizenship; and (2) conduct all naturalization ceremonies entirely in English.Prohibits any U.S. Government agency or department from requiring any State or local government, or any person or organization, to communicate or provide materials in any language other than English.Repeals the Bilingual Education Act (title VII of the Elementary and Secondary Education Act of 1965). Terminates the Office of Bilingual Education and Minority Languages Affairs in the Department of Education. Releases States, local governments, and local educational agencies from certain consent decrees that require them to develop, implement, provide, or maintain any form of bilingual education.Amends the Voting Rights Act of 1965 to repeal bilingual voting requirements. | {"src": "billsum_train", "title": "To amend title 4, United States Code, to declare English as the official language of the Government of the United States."} | 1,872 | 301 | 0.58474 | 1.68318 | 0.760368 | 4.981203 | 6.240602 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Positive Behavior for Effective
Schools Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Educators and the general public cite disciplinary
issues as the leading challenge facing schools.
(2) There is significant evidence that zero tolerance and
other get-tough approaches to school discipline are ineffective
and even counter-productive.
(3) Learning and behavior are inextricably linked. The most
successful schools have high academic and behavior standards,
and improvements in student behavior and school climate are
correlated with improvements in academic outcomes and
graduation rates.
(4) Evidence-based practices for improving behavior and
creating a school climate more conducive to learning have not
been uniformly adopted and sustained.
(5) Many problems can be prevented or minimized with early
intervening services that have been shown to be effective and
reduce the need for more intensive and more costly
interventions.
(6) In particular, the use of positive behavior supports
leads to greater academic achievement, significantly fewer
disciplinary problems, lower suspension and expulsion rates,
greater inclusion, more time for instruction, and increased
opportunities for all students to achieve.
(7) The application of schoolwide positive behavior
supports decreases rates of problem behaviors by improving the
systematic and consistent use of active supervision, positive
feedback, and social skills instruction.
(8) When approaches such as positive behavior support are
paired with effective interventions and services for students
with significant needs, all students, including those with the
most challenging behaviors, can succeed.
(b) Purposes.--The purposes of this Act are to expand the use of
positive behavior supports and other early intervening services in
schools in order to systematically create a school climate that is
highly conducive to learning, reduce discipline referrals, and improve
academic outcomes.
SEC. 3. POSITIVE BEHAVIOR SUPPORT DEFINED.
Section 9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) is amended by adding at the end the following:
``(44) Positive behavior support.--The term `positive
behavior support' means a broad range of systemic and
individualized strategies for achieving important social and
learning outcomes while preventing problem behavior with all
students.''.
SEC. 4. SCHOOLWIDE POSITIVE BEHAVIOR SUPPORT.
(a) Flexibility To Use Title I Funds To Implement Schoolwide
Positive Behavior Support.--
(1) In general.--Section 1003(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6303(b)) is
amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' before ``Of the amount'';
and
(C) by adding at the end the following:
``(2) Of the amount reserved under subsection (a) for any fiscal
year, the State educational agency may allocate funds to develop and
implement coordinated, early intervening services (including schoolwide
positive behavior supports) for all students, including those who have
not been identified as needing special education but who need
additional academic and behavioral support to succeed in a general
education environment. Funds so allocated shall be aligned with funds
authorized under section 613(f) of the Individuals with Disabilities
Education Act and shall be used to supplement, and not supplant, funds
made available under such Act for these activities and services.''.
(2) Technical assistance.--
(A) Subparagraph (B) of section 1116(b)(4) of such
Act (20 U.S.C. 6316(b)(4)) (relating to technical
assistance) is amended by redesignating clauses (iii)
and (iv) as clauses (iv) and (v), respectively, and by
inserting after clause (ii) the following new clause:
``(iii) shall include assistance in
implementation of schoolwide positive behavior
supports and other approaches with evidence of
effectiveness for improving the learning
environment in the school;''.
(B) Paragraph (3) of section 1117(a) of such Act
(20 U.S.C. 6317(a)) (relating to regional centers) is
amended by inserting ``any technical assistance center
on schoolwide positive behavior supports funded under
section 665(b) of the Individuals with Disabilities
Education Act,'' after ``2002),''.
(C) Subparagraph (B) of section 1117(a)(5) of such
Act (20 U.S.C. 6317(a)(5)) (relating to functions of
school support teams) is amended by redesignating
clauses (iii) and (iv) as clauses (iv) and (v),
respectively, and by inserting after clause (ii) the
following new clause:
``(iii) review the number of discipline
referrals in the school and the overall school
climate and engagement of families, and use
that information to assist the school to
implement schoolwide positive behavior supports
and/or other early intervening services;''.
(b) LEA Flexibility To Improve School Climate.--Subclause (I) of
section 1114(b)(1)(B)(iii) of such Act (20 U.S.C. 6314(b)(1)(B)(iii))
(relating to schoolwide reform strategies) is amended by redesignating
items (bb) and (cc) as items (cc) and (dd), respectively, and by
inserting after item (aa) the following new item:
``(bb) improve the learning
environment in the school,
including the implementation of
schoolwide positive behavior
supports, in order to improve
academic outcomes for
students;''.
SEC. 5. AMENDMENTS RELATED TO THE SAFE AND DRUG-FREE SCHOOLS AND
COMMUNITIES PROGRAM.
Section 4002 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7102) (relating to purpose) is amended by redesignating
paragraphs (1) through (4) as paragraphs (2) through (5), respectively,
and by striking all that precedes paragraph (2) (as so redesignated)
and inserting the following:
``The purpose of this part is to support programs that improve the
whole school climate in order to foster learning, including programs
that prevent discipline problems; that prevent violence in and around
schools; that prevent the illegal use of alcohol, tobacco, and drugs;
that involve parents and communities in the school programs and
activities; and that are coordinated with related Federal, State,
school, and community efforts and resources to foster a safe and drug-
free learning environment that supports student academic achievement,
through the provision of Federal assistance to--
``(1) States for grants to local educational agencies and
consortia of such agencies to establish, operate and improve
local programs relating to improving the schoolwide climate
(including implementation of positive behavior supports and
other programs);''.
SEC. 6. EARLY INTERVENING SERVICES UNDER ELEMENTARY AND SECONDARY
SCHOOL COUNSELING PROGRAM.
Paragraph (2) of section 5421(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7245(b)) is amended by redesignating
subparagraphs (C) through (H) as subparagraphs (D) through (I),
respectively, and by inserting after subparagraph (B) the following new
subparagraph:
``(C) describe how the local educational agency
will address the need for early intervening services
that improve the school climate for learning, such as
through schoolwide positive behavior supports;''.
SEC. 7. TEACHER PROFESSIONAL DEVELOPMENT TO IMPROVE SCHOOL CLIMATE.
Paragraph (2) of section 2122(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6622(c)) is amended--
(1) by striking ``subject matter knowledge and teaching
skills'' and inserting ``subject matter knowledge, teaching
skills, and an understanding of social/emotional learning in
children and approaches that improve the school climate for
learning (such as positive behavior support)''; and
(2) by inserting ``to improve their school's climate for
learning'' after ``instructional leadership skills to help
teachers''.
SEC. 8. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.
The Department of Education Organization Act is amended by adding
at the end of title II (20 U.S.C. 3411 et seq.) the following:
``office of specialized instructional support services
``Sec. 2501.
``(a) In General.--There shall be, within the Office of the Deputy
Secretary in the Department of Education, an Office of Specialized
Instructional Support Services (hereinafter in this section referred to
as the `Office').
``(b) Purpose.--The purpose of the Office shall be to administer,
coordinate, and carry out programs and activities concerned with
providing specialized instructional support services in schools,
delivered by trained, qualified specialized instructional support
personnel.
``(c) Director.--The Office shall be headed by a Director who shall
be selected by the Secretary and report directly to the Deputy
Secretary of Education.
``(d) Activities.--In carrying out subsection (b), the Director
shall support activities to--
``(1) improve specialized instructional support services in
schools in order to improve academic achievement and
educational results for students;
``(2) identify scientifically based practices in
specialized instructional support services that support
learning and improve academic achievement and educational
results for students;
``(3) provide continuous training and professional
development opportunities for specialized instructional support
personnel and other school personnel in the use of effective
techniques to address academic, behavioral, and functional
needs;
``(4) provide technical assistance to local and State
educational agencies in the provision of effective,
scientifically based specialized instructional support
services; and
``(5) coordinate specialized instructional support services
programs and services in schools between the Department of
Education and other federal agencies, as appropriate.''.
SEC. 9. REFERENCES TO PUPIL SERVICES AND PERSONNEL.
(a) In General.--The Elementary and Secondary Education Act of 1965
is amended--
(1) by striking ``pupil services'' each place it appears in
sections 1114(b)(1)(B)(iii)(I)(aa), 1416(4), and 4152(2) and
inserting ``specialized instructional support services''; and
(2) by striking ``pupil services personnel'' each place it
appears and inserting ``specialized instructional support
personnel''.
(b) Definition.--Section 9101 of that Act (20 U.S.C. 7801) is
amended--
(1) by striking paragraph (36);
(2) by redesignating paragraphs (37) through (39) as (36)
through (38); and
(3) by inserting after paragraph (38) (as so redesignated)
the following:
``(39) Specialized instructional support personnel;
specialized instructional support services.--
``(A) Specialized instructional support
personnel.--The term `specialized instructional support
personnel' means school counselors, school social
workers, school psychologists, and other qualified
professional personnel involved in providing
assessment, diagnosis, counseling, educational,
therapeutic, and other necessary corrective or
supportive services (including related services as that
term is defined in section 602 of the Individuals with
Disabilities Education Act) as part of a comprehensive
program to meet student needs.
``(B) Specialized instructional support services.--
The term `specialized instructional support services'
means the services provided by specialized
instructional support personnel, including any other
corrective or supportive services to meet student
needs.''. | Positive Behavior for Effective Schools Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states to allocate school improvement funds under title I of the ESEA for coordinated, early intervention services for all students. Includes among such services, schoolwide positive behavior support, defined as a broad range of systemic and individualized strategies for achieving important social and learning outcomes while preventing problem behavior with all students.
Requires improvements in schoolwide learning climates, including schoolwide positive behavior supports, to be a target of: (1) technical assistance provided by states to local educational agencies (LEAs) and schools, and by LEAs to schools identified as needing improvement; (2) schoolwide programs that allow LEAs to consolidate educational funds to upgrade the entire educational program of schools that serve a high proportion of low-income families; (3) funding under the Safe and Drug-Free Schools and Communities program; (4) elementary and secondary school counseling programs; and (5) professional development funding.
Amends the Department of Education Organization Act to establish, within the Department of Education, an Office of Specialized Instructional Support Services to oversee and implement the provision of specialized instructional support services in schools by school counselors, social workers, psychologists, and other qualified professionals. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to allow State and local educational agencies and schools to make greater use of early intervening services, particularly schoolwide positive behavior supports."} | 2,592 | 268 | 0.58514 | 1.746116 | 0.859432 | 3.123967 | 9.640496 | 0.884298 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Accountability Act''.
SEC. 2. PROMOTION OF ECONOMIC SECURITY AND WORKPLACE ACCOUNTABILITY.
(a) Required Disclosures.--The Administrator of the General
Services Administration shall require an air carrier, as a condition of
eligibility for a contract under the City Pair Program (or a successive
program for Federal employee air travel administered by such
Administrator), to disclose to the Secretary of Labor, on an annual
basis and to the best of the air carrier's knowledge, whether, within
the preceding 3-year period, any administrative merits determination,
arbitral award or decision, or civil judgment, as defined in guidance
issued by the Secretary of Labor, has been issued against the air
carrier or any of its subcontractors, for violations of any of the
following labor laws, including Executive orders:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(2) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
(3) The National Labor Relations Act (29 U.S.C. 151 et
seq.).
(4) Subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the ``Davis-Bacon Act'').
(5) Chapter 67 of title 41, United States Code (commonly
known as the ``Service Contract Act'').
(6) Executive Order 11246 (42 U.S.C. 2000e note; relating
to equal employment opportunity).
(7) Section 503 of the Rehabilitation Act of 1973 (29
U.S.C. 793).
(8) Section 4212 of title 38, United States Code.
(9) The Family and Medical Leave Act of 1993 (29 U.S.C.
2601 et seq.).
(10) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(11) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(12) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.).
(13) Executive Order 13658 (79 Fed. Reg. 9851; relating to
establishing a minimum wage for contractors).
(14) Equivalent State laws, as defined in guidance issued
by the Secretary of Labor.
(b) Responsibility for Subcontractors.--
(1) In general.--The Administrator of the General Services
Administration shall require an air carrier, as a condition of
eligibility for a contract under the City Pair Program (or a
successive program for Federal employee air travel administered
by such Administrator), to incorporate into each subcontract a
requirement that the subcontractor discloses to the air carrier
any administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance issued by
the Secretary of Labor, rendered against the subcontractor
within the preceding 3-year period for violations of any of the
requirements of the labor laws, including Executive orders,
listed in subsection (a).
(2) Consultation.--The Secretary of Labor shall be
available, as appropriate, for consultation with an air carrier
to assist in evaluating the information on labor compliance
submitted by a subcontractor pursuant to paragraph (1).
(c) Corrective Measures.--On an annual basis, the Secretary of
Labor--
(1) shall provide an air carrier who makes a disclosure
pursuant to subsection (a) an opportunity to report any steps
taken by the air carrier or any of its subcontractors to
correct the violations of or improve compliance with the labor
laws, including Executive orders, listed in such subsection,
including any agreements entered into with an enforcement
agency; and
(2) may negotiate with such air carrier corrective measures
that the air carrier or any of its subcontractors may take in
order to avoid having the air carrier placed on the list
described in subsection (d).
(d) List of Ineligible Air Carriers.--
(1) In general.--For each year that a contract is solicited
under the City Pair Program (or a successive program for
Federal employee air travel administered by the Administrator
of the General Services Administration), the Secretary of Labor
shall prepare, and submit to such Administrator, a list of air
carriers that shall be ineligible for such solicitation based
on serious, repeated, willful, or pervasive violations of the
labor laws, including Executive orders, listed under subsection
(a) committed by the air carrier, or any of its subcontractors,
and the failure of such air carriers, or any of its
subcontractors, to complete any corrective measures negotiated
under subsection (c).
(2) Ineligibility.--The Administrator of the General
Services Administration shall not solicit a contract under the
City Pair Program (or a successive program for Federal employee
air travel administered by such Administrator) from any air
carrier on the list described in paragraph (1) that applies to
the year of the solicitation.
(e) Applicability.--The requirements under this Act shall not apply
with respect to any contract solicited prior to 2 years after the date
of enactment of this Act. | Airline Accountability Act This bill directs the General Services Administration (GSA) to require an air carrier, as a condition of eligibility for a contract under the City Pair Program, to: (1) disclose to the Department of Labor, annually, whether within the preceding three-year period any administrative merits determination, arbitral award or decision, or civil judgment has been issued against the carrier or any of its subcontractors for violations of the Fair Labor Standards Act of 1938, the Occupational Safety and Health Act of 1970, the National Labor Relations Act, the Davis-Bacon Act, the Service Contract Act, the Family and Medical Leave Act of 1993, the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, or other specified labor laws and executive orders; and (2) incorporate into each subcontract a requirement that the subcontractor disclose to the carrier any such determination, award, decision, or judgment rendered against the subcontractor within the preceding three-year period for violations of any of such laws. Labor shall provide an air carrier that makes such a disclosure an opportunity, annually, to report any steps taken by the carrier or any of its subcontractors to correct the violations or improve compliance. may negotiate corrective measures that the carrier or any of its subcontractors may take in order to avoid having the carrier placed on the list. For each year that a contract is solicited under the program, Labor shall prepare and submit to the GSA a list of air carriers that shall be ineligible for such solicitation based on serious, repeated, willful, or pervasive violations of the labor laws and the failure of such carriers or any of its subcontractors to complete a corrective measure negotiated. The GSA shall not solicit a contract under the program from any carrier on the list that applies to the year of the solicitation. Labor may negotiate corrective measures that a carrier or any of its subcontractors may take in order to avoid having the carrier placed on the list. | {"src": "billsum_train", "title": "Airline Accountability Act"} | 1,143 | 437 | 0.559735 | 2.056589 | 0.863241 | 4.768229 | 2.71875 | 0.966146 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Communications Privacy
Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
Congress finds the following:
(1) The Electronic Communications Privacy Act of 1986
(Public Law 99-508; 100 Stat. 1848) (referred to in this
section as ``ECPA'') was intended to protect the privacy of
electronic communications stored with providers of electronic
communications services and remote computing services, while
balancing the legitimate needs of law enforcement to access
records stored by such providers.
(2) To strike this balance, ECPA authorized governmental
entities to obtain certain categories of communications data
from providers using established, pre-existing forms of process
warrants and subpoenas. It also created a new form of court
order, in section 2703(d) of title 18, United States Code, that
governmental entities could use to obtain additional types of
communications data.
(3) Congress recognizes the legitimate needs of law
enforcement agencies in the United States to obtain, through
lawful process, electronic communications relevant to criminal
investigations, as well as the privacy interests of citizens of
foreign countries. Therefore, where the Government seeks to
obtain the contents of electronic communications of foreign
citizens located outside of the United States, this Act
authorizes the use of search warrants only if the foreign
government does not have a Law Enforcement Cooperation
Agreement with the United States or, if it does have such a Law
Enforcement Cooperation Agreement, the foreign government does
not object to disclosure.
SEC. 3. EXTENSION AND CLARIFICATION OF WARRANT REQUIREMENT.
(a) In General.--Chapter 121 of title 18, United States Code, is
amended--
(1) in section 2702(a), by amending paragraph (3) to read
as follows:
``(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly divulge
to any governmental entity the contents of any communication
described in section 2703(a), or any record or other
information pertaining to a subscriber or customer of such
service.'';
(2) in section 2703--
(A) by striking subsections (a) and (b) and
inserting the following:
``(a) Contents of Wire or Electronic Communication in Electronic
Storage.--A governmental entity may require the disclosure by a
provider of electronic communication service or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with or otherwise stored, held, or maintained by
the provider, regardless of where such contents may be in electronic
storage or otherwise stored, held, or maintained, only pursuant to a
warrant issued using the procedures described in the Federal Rules of
Criminal Procedure (or, in the case of a State court, issued using
State warrant procedures) by a court of competent jurisdiction. An
application for a warrant under this section shall include a full and
complete statement of the facts and circumstances relied upon and the
investigative steps taken to ascertain the nationality and location of
the subscriber or customer whose contents are sought by the warrant.
Any such warrant may be used to require the disclosure of contents of a
wire or electronic communication only if the court finds that--
``(1) the governmental entity has taken all reasonable
steps to establish the nationality and location of the
subscriber or customer whose contents are sought; and
``(2) at the time the warrant application is made--
``(A) there are reasonable grounds to believe that
the subscriber or customer whose contents are sought by
the warrant is--
``(i) a United States person;
``(ii) physically located within the United
States;
``(iii) a national of or located in a
foreign country or countries where any of those
countries has an applicable Law Enforcement
Cooperation Agreement with the United States
(or in the case where the warrant application
is made on behalf of a foreign government
pursuant to a Law Enforcement Cooperation
Agreement with the United States, any of those
countries has an applicable Law Enforcement
Cooperation Agreement with the requesting
foreign government) and the Central Authority
for each such country with such a Law
Enforcement Cooperation Agreement provides
written certification that the disclosure may
be had or does not object to the disclosure
within 60 days after formal submission of a
request for such certification; or
``(iv) a national of and located in a
foreign country or countries where none of
those countries have an applicable Law
Enforcement Cooperation Agreement with the
United States (or in the case where the warrant
application is made on behalf of a foreign
government pursuant to a Law Enforcement
Cooperation Agreement with the United States,
none of those countries have an applicable Law
Enforcement Cooperation Agreement with the
requesting foreign government); or
``(B) there are no reasonable grounds on which to
base a belief as to either the nationality or the
location of the subscriber or customer whose contents
are sought.
``(b) Warrant Requirements.--Upon a motion made promptly by the
service provider, a court issuing a warrant under this section shall
modify or vacate such warrant if--
``(1) the court finds that the warrant does not meet the
requirements of this section or is otherwise unlawful; or
``(2) the service provider presents additional information
about the subscriber's or customer's physical location, status
as a United States person, or status as a national of a foreign
country that would cause the court to find that the warrant
application would not comply with the requirements of this
section.'';
(B) in subsection (d), in the first sentence--
(i) by striking ``(b) or'';
(ii) by striking ``the contents of a wire
or electronic communication, or''; and
(iii) by striking ``sought, are'' and
inserting ``sought are''; and
(C) by adding at the end the following:
``(h) Rule of Construction.--Nothing in this section or in section
2702 shall be construed to limit the authority of a governmental entity
to use an administrative subpoena authorized under a Federal or State
statute or to use a Federal or State grand jury, trial, or civil
discovery subpoena to--
``(1) require an originator, addressee, or intended
recipient of an electronic communication to disclose the
contents of the electronic communication to the governmental
entity; or
``(2) require an entity that provides electronic
communication services to the officers, directors, employees,
or agents of the entity (for the purpose of carrying out their
duties) to disclose the contents of an electronic communication
to or from an officer, director, employee, or agent of the
entity to a governmental entity, if the electronic
communication is held, stored, or maintained on an electronic
communications system owned or operated by the entity.'';
(3) in section 2704(a)(1), by striking ``section
2703(b)(2)'' and inserting ``section 2703''; and
(4) in section 2711--
(A) in paragraph (3)(B) by striking ``warrants;
and'' and inserting ``warrants;'';
(B) in paragraph (4) by striking ``thereof.'' and
inserting ``thereof;''; and
(C) by adding at the end the following:
``(5) the term `United States person' means a citizen of
the United States or an alien lawfully admitted for permanent
residence (as defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)));
``(6) the term `Law Enforcement Cooperation Agreement'
means--
``(A) a mutual legal assistance treaty, mutual
legal assistance agreement, adherence to the Convention
on Cybercrime, signed November 21, 2001; or
``(B) an executive agreement or treaty between the
United States and one or more countries designed to
establish a reciprocal process for notifying and
obtaining the consent of the other country or countries
in order to obtain the contents of electronic
communication pursuant to section 2703(a)(1)(A)(iii),
provided that the Attorney General shall maintain a
list of countries with which the United States has such
agreements and shall submit such list, as and when
amended, to the Committees on the Judiciary and Foreign
Relations of the United States Senate and the
Committees on the Judiciary and Foreign Affairs of the
United States House of Representatives, and shall make
it available to the public;
``(7) the term `Central Authority' means the agency,
department, office, or authority of a country responsible for
administering a particular Law Enforcement Cooperation
Agreement between that country and another; and
``(8) the term `national of a foreign country' means a
citizen, a lawful resident, or an entity organized under the
laws of a foreign jurisdiction.''.
(b) Rule of Construction.--Nothing in this Act or the amendments
made by this Act shall be construed to expand the investigative
authority of any governmental entity.
SEC. 4. MUTUAL LEGAL ASSISTANCE TREATY REFORMS.
(a) Mutual Legal Assistance Treaty Transparency and Efficiency.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall establish--
(A) a form for use by a foreign government filing a
mutual legal assistance treaty request (referred to in
this section as an ``MLAT request''), which shall--
(i) be made available on the website of the
Department of Justice; and
(ii) require sufficient information and be
susceptible for use by a foreign government to
provide all the information necessary for the
MLAT request;
(B) an online docketing system for all MLAT
requests, which shall allow a foreign government to
track the status of an MLAT request filed by the
foreign government; and
(C) a process through which certified approval may
be sought for disclosure pursuant to warrants issued
under section 2703(a).
(2) Annual publication.--Beginning not later than 1 year
after the date of enactment of this Act, and each year
thereafter, the Attorney General shall publish on the website
of the Department of Justice statistics on--
(A)(i) the number of MLAT requests made by the
Department of Justice to foreign governments for the
purpose of obtaining the contents of an electronic
communication or other information or records from a
provider of electronic communications or remote
computing services; and
(ii) the average length of time taken by foreign
governments to process the MLAT requests described in
clause (i); and
(B)(i) the number of MLAT requests made to the
Department of Justice by foreign governments for the
purpose of obtaining the contents of an electronic
communication or other information or records from a
provider of electronic communications or remote
computing services; and
(ii) the average length of time taken by the
Department of Justice to process the MLAT requests
described in clause (i).
(3) Notice to department of state.--The Attorney General
shall notify the Secretary of State not later than 7 days after
the date on which disclosure of electronic communications
content to a foreign government is made pursuant to an MLAT
request.
(b) Preservation of Records.--The Attorney General may issue a
request pursuant to section 2703(f) of title 18, United States Code,
upon receipt of an MLAT request that appears to be facially valid.
(c) Notification to Provider of MLAT Request.--When the Attorney
General makes use of the process provided in section 2703 of title 18,
United States Code, to obtain information from an electronic
communications provider or a remote computing provider based on an MLAT
request, the Attorney General shall notify that provider in writing
that the request has been made pursuant to a mutual legal assistance
treaty.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) data localization requirements imposed by foreign
governments on data providers are--
(A) incompatible with the borderless nature of the
Internet;
(B) an impediment to online innovation; and
(C) unnecessary to meet the needs of law
enforcement; and
(2) the Department of Justice, the Department of State, and
the United States Trade Representatives should pursue open data
flow policies with foreign nations. | International Communications Privacy Act This bill amends the federal criminal code by allowing a governmental entity to require providers of electronic communication services or remote computing services to disclose the contents of communications in electronic storage (e.g., the cloud), regardless of where those communications are located. Thus, a governmental entity may obtain a warrant for electronic communications stored outside of the United States if certain conditions for obtaining the warrant are met. The bill allows a governmental entity to obtain those communications only if a court finds that the governmental entity has taken all reasonable steps to establish the nationality and location of the subscriber or customer whose communications are sought and that there are reasonable grounds to believe that such subscriber or customer is a U.S. person, a person physically located within the United States, or a national of a foreign country that has a law enforcement cooperation agreement with the United States. The Department of Justice must: (1) establish a process for foreign governments to file mutual legal assistance treaty requests for obtaining access to electronic communications, and (2) publish annually information concerning those requests. | {"src": "billsum_train", "title": "International Communications Privacy Act"} | 2,708 | 232 | 0.625743 | 1.792663 | 0.788022 | 2.892683 | 12.473171 | 0.921951 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Financial Empowerment Act of
2010''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The proportion of the population of the United States
age 60 years or older will drastically increase in the next 30
years as more than 76,000,000 Baby Boomers approach retirement
and old age.
(2) Each year, anywhere between 500,000 and 5,000,000
seniors in the United States are abused, neglected, or
exploited.
(3) Senior abuse, neglect, and exploitation have no
boundaries, and cross all racial, social class, gender, and
geographic lines.
(4) Millions of individuals in the United States are
victims of financial exploitation, including mail,
telemarketing, and Internet fraud, each year. Many of those who
fall prey to these crimes are seniors.
(5) It is difficult to estimate the prevalence of fraud
targeting seniors because cases are severely underreported and
national statistics on senior fraud do not exist.
(6) The Federal Bureau of Investigation notes that senior
Americans are less likely to report fraud because they do not
know to whom to report, they are ashamed to have been a victim
of fraud, or they do not know that they have been a victim of
fraud. In some cases, a senior victim of fraud may not report
the crime because he or she is concerned that relatives may
come to the conclusion that the victim no longer has the mental
capacity to take care of his or her own financial affairs.
(7) According to a 2009 report by the MetLife Mature Market
Institute, the annual financial loss by victims of senior
financial abuse is estimated to be at least $2,600,000,000.
(8) Perpetrators of mail, telemarketing, and Internet fraud
frequently target seniors because seniors are often vulnerable
and trusting people.
(9) As victims of such fraudulent schemes, many seniors
have been robbed of their hard-earned life savings and
frequently pay an emotional cost, losing not only their money,
but also their self-respect and dignity.
(10) Perpetrators of fraud targeting seniors often operate
outside the United States, reaching their victims through the
mail, telephone lines, and the Internet.
(11) The Deceptive Mail Prevention and Enforcement Act
increased the power of the United States Postal Service to
protect consumers against persons who use deceptive mailings,
such as those featuring games of chance, sweepstakes, skill
contests, and facsimile checks.
(12) During fiscal year 2007, analysts prepared more than
27,000 letters and informative postcards in response to mail
fraud complaints. During that same year, postal inspectors
investigated 2,909 mail fraud cases in the United States, and
arrested 1,236 mail fraud suspects, of whom 1,118 were
convicted. Postal inspectors also reported 162 telemarketing
fraud investigations, with 83 arrests and 61 convictions
resulting from such investigations.
(13) In 2000, the United States Senate Special Committee on
Aging reported that, each year, consumers lose approximately
$40,000,000,000 to telemarketing fraud, and estimated that
approximately 10 percent of the Nation's 14,000 telemarketing
firms were fraudulent. Some researchers estimate that only one
in 10,000 fraud victims reports the crime to the authorities.
(14) A 2003 report by AARP found that the crime of
telemarketing fraud is grossly underreported among senior
victims, but that those who are properly counseled by trained
peer volunteers are less likely to fall victim to fraudulent
practices.
(15) The Federal Bureau of Investigation reports that the
threat of fraud to seniors is growing and changing. Many
younger Baby Boomers have considerable computer skills, and
criminals are modifying their targeting techniques by using not
only traditional telephone calls and mass mailings, but also
online scams like phishing and e-mail spamming.
(16) The IC3 is a partnership between the National White
Collar Crime Center and the Federal Bureau of Investigation
that serves as a vehicle to receive, develop, and refer
criminal complaints regarding cybercrime. The IC3 processed
more than 219,553 complaints of Internet crime in 2007. From
these submissions, the IC3 referred 90,008 complaints of
Internet crime, representing a total dollar loss of
$239,090,000, to Federal, State, and local law enforcement
agencies in the United States for further consideration.
(17) Consumer awareness is the best protection from fraud.
SEC. 3. CENTRALIZED SERVICE FOR CONSUMER EDUCATION ON MAIL,
TELEMARKETING, AND INTERNET FRAUD TARGETING SENIORS.
(a) Centralized Service.--
(1) Requirement.--The Federal Trade Commission shall, after
consultation with the Attorney General, the Secretary of Health
and Human Services, the Postmaster General, and the Chief
Postal Inspector for the United States Postal Inspection
Service--
(A) disseminate to seniors and families and
caregivers of seniors general information on mail,
telemarketing, and Internet fraud targeting seniors,
including descriptions of the most common fraud
schemes;
(B) disseminate to seniors and families and
caregivers of seniors information on means of referring
complaints of fraud targeting seniors to appropriate
law enforcement agencies, including the Director of the
Federal Bureau of Investigation, the attorneys general
of the States, and a national toll-free telephone
number for reporting mail, telemarketing, and Internet
fraud established by the Federal Trade Commission;
(C) in response to a specific request about a
particular entity or individual, provide publically
available information on any record of civil or
criminal law enforcement action for mail,
telemarketing, or Internet fraud against such entity;
and
(D) maintain a Web site to serve as a resource for
information for seniors and families and caregivers of
seniors regarding mail, telemarketing, and Internet
fraud targeting seniors.
(2) Commencement.--The Federal Trade Commission shall
establish and implement procedures to carry out the
requirements of paragraph (1) not later than one year after the
date of the enactment of this Act.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of the
fiscal years 2011 through 2015.
SEC. 4. GRANTS TO PREVENT MAIL, TELEMARKETING, AND INTERNET FRAUD.
(a) Grant Program Authorized.--Subject to the availability of funds
authorized to be appropriated under this section, the Attorney General,
after consultation with the Secretary of Health and Human Services, the
Postmaster General, and the Chief Postal Inspector for the United
States Postal Inspection Service, shall establish and administer a
competitive grant program to award grants to eligible organizations to
carry out mail, telemarketing, and Internet fraud prevention education
programs for seniors.
(b) Eligible Organizations.--The Attorney General may award grants
under this section to State Attorneys General, State and local law
enforcement agencies and groups, senior centers, and other local
nonprofit organizations that provide assistance to seniors, as
determined by the Attorney General.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of the
fiscal years 2011 through 2015.
SEC. 5. SENSE OF THE CONGRESS RELATED TO NATIONAL SENIOR FRAUD
AWARENESS WEEK.
It is the sense of the Congress that--
(1) there is a need to increase public awareness of the
enormous impact that mail, telemarketing, and Internet fraud
has on senior citizens in the United States;
(2) a week in the month of May should be designated as
``National Senior Fraud Awareness Week'';
(3) the people of the United States should observe National
Senior Fraud Awareness Week with appropriate educational
activities; and
(4) the President is encouraged to issue a proclamation
supporting increased public awareness of the impact of, and the
need to prevent, fraud committed against seniors. | Senior Financial Empowerment Act of 2010 - Requires the Federal Trade Commission (FTC): (1) to disseminate to seniors and their families and caregivers information on mail, telemarketing, and Internet fraud targeting seniors, including on ways of referring complaints to appropriate law enforcement agencies; (2) in response to a request about a particular entity or individual, to provide publicly available information on any record of civil or criminal law enforcement action for such fraud; and (3) to maintain a website as a resource for such individuals on those kinds of fraud.
Directs the Attorney General to establish and administer a competitive grant program for mail, telemarketing, and Internet fraud prevention education programs for senior citizens.
Expresses the sense of Congress with respect to public awareness of the impact of such fraud on senior citizens. | {"src": "billsum_train", "title": "A bill to prevent mail, telemarketing, and Internet fraud targeting seniors in the United States, to promote efforts to increase public awareness of the enormous impact that mail, telemarketing, and Internet fraud have on seniors, to educate the public, seniors, their families, and their caregivers about how to identify and combat fraudulent activity, and for other purposes."} | 1,685 | 173 | 0.479996 | 1.463907 | 0.730319 | 3.538961 | 10.227273 | 0.941558 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Priorities Act of
1998''.
SEC. 2. RECAPTURE OF SAVINGS FROM RETAIL ELECTRICITY COMPETITION.
(a) Effective Date.--This Act shall take effect for a consumer
sector in any State on January 1 of the first year after all State
regulated electric utilities and all nonregulated electric utilities in
that State have been determined by the Secretary of Energy to have
established retail electric service choice for customers in that
sector, but not earlier than January 1, 2001. The Secretary shall
annually review the laws and regulations of each State relating to
retail electric service regulation and make such determinations on
January 1, 2001, and January 1 of each year thereafter.
(b) 10 Percent of Consumer Savings.--For each State, on December 31
of the first full calendar year following the effective date of this
Act for any consumer sector in the State, and on December 31 of each
subsequent calendar year, each provider of retail electric services in
the State shall contribute to the fiscal agent for the Environmental
Priorities Board established under section 2 an amount equal to 10
percent of the total consumer savings for that sector for that calendar
year.
(c) Definitions.--For purposes of this section:
(1) Consumer savings.--For any provider of retail electric
services in a State, for any consumer sector in the State, the
term ``consumer savings'' means, for any calendar year, the
amount (if any) by which the potential rate for electric energy
provided by that provider to that sector exceeds the current
rate for that sector, multiplied by that sector's total
consumption (in kilowatt-hours) during that calendar year.
(2) Current rate.--For any provider of retail electric
services in a State, for any consumer sector in the State, the
term ``current rate'' means, for the 12 months following the
effective date of this Act for that sector in that State, the
average kilowatt-hour rate paid by customers of the provider in
that consumer sector in that State, as calculated by the
provider and recalculated annually.
(3) Potential rate.--
(A) General rule.--For any provider of retail
electric services in a State, for any consumer sector
in the State, the term ``potential rate'' means, for
each calendar year following the effective date of this
Act for that sector in that State, the average
kilowatt-hour rate paid by the provider's customers in
that sector during the 12-month period preceding the
date on which retail electric service choice for
customers in that sector was established, adjusted for
inflation. The adjustment for inflation shall be made
using a methodology to be determined by the Secretary
of Energy. The Secretary of Energy shall recalculate
the potential rate annually to adjust it for inflation.
(B) Special rules.--For all sectors not serviced by
the provider during any period, the average kilowatt-
hour rate for that sector shall be estimated or
measured by the Secretary of Energy. In any case where
retail choice in a State or sector did not all occur on
one effective date but was phased-in over time, the
Secretary of Energy shall establish regulations to
fairly establish the potential rate. In any cases
where, for the 12-month period preceding the date on
which retail electric service choice for customers in
that sector was established, a provider served a sector
in the State but did not serve it for the full period,
the Secretary of Energy shall establish regulations to
fairly establish the potential rate.
SEC. 3. USE OF CONTRIBUTIONS FOR ENVIRONMENTAL PRIORITIES.
(a) National Environmental Priorities Board.--The Administrator of
the Environmental Protection Agency (hereinafter in this section
referred to as the ``Administrator'') shall establish a National
Environmental Priorities Board to carry out the functions and
responsibilities specified in this section. The Board shall be composed
of 3 persons who are officers or employees of the United States, and 4
State commissioners nominated by the national organization of the State
commissions and appointed by the Administrator. The Administrator shall
appoint one member of the Board to serve as Chairman.
(b) Rules.--Within 180 days after the enactment of this Act, the
Administrator shall promulgate a final rule containing the rules and
procedures of the Board, including the rules and procedures for
selecting a non-Federal fiscal agent under subsection (e). The
Administrator shall have oversight responsibilities over the Board.
(c) Environmental Priorities Program.--(1) Within 90 days after the
promulgation of the Administrator's rules under subsection (b), the
Board shall institute a proceeding to establish regulations governing
creation and administration of a Environmental Priorities Program. Such
regulations shall include criteria and methods of selecting State
projects to receive support under the Program. Such support may include
direct loans, loan guarantees, grants, capitalization grants for State
revolving funds, and other assistance. The State projects may include--
(A) lowering borrowing costs for municipal and regional
governments constructing wastewater treatment plants;
(B) increasing the use of filter strips and riparian
buffers in protecting rivers and streams;
(C) mitigating the deleterious effect of electricity
production on air quality;
(D) supporting the preservation of open space for resource
conservation, wildlife protection, or recreation; and
(E) such other projects furthering national environmental
priorities as may be established by the Board.
(2) The Board shall enter into arrangements with a non-Federal
fiscal agent who shall be authorized to receive the contributions made
under section 2(b) and to disburse such contributions as provided in
subsection (d).
(3) Any State in which retail electric service choice has been
established for any consumer sector may establish one or more public
purpose programs and apply for matching funding under this section for
projects to be funded under such program. A participating State may use
matching funds received under this section only to support one or more
eligible environmental priorities programs meeting the selection
criteria established under paragraph (1). The Board shall regularly
audit the expenditures of matching funds received by a participating
State under this section.
(4) At no time shall a State be required, pursuant to this section,
to participate in the Environmental Priorities Program, nor may a State
be required by the Board to fund a particular project.
(d) Fund for Environmental Priorities.--(1) The fiscal agent shall
distribute contributions received by the fiscal agent under section
2(b) to States (or entities designated by the States) under this
subsection in accordance with the criteria established by the Board
under subsection (c) to carry out eligible projects under environmental
priorities programs established by the States. For each calendar year
after the year 2001, the Board shall solicit applications from States
for matching funds to carry out eligible environmental priorities
programs. The applications for assistance during any calendar year must
be received by the Board before the commencement of such year. In its
application, the State shall certify that the moneys will be used for
one or more eligible public purpose programs and shall specify the
amount of State support which is projected for the coming calendar year
for the programs concerned.
(2) Upon receipt of all State requests for matching funds submitted
pursuant to paragraph (1) for any calendar year, the Board shall
calculate the funds necessary to match the level of projected States
funds for eligible environmental priorities programs for that calendar
year.
(3) Following the calculation of the amount of matching funds
required under paragraph (2) for all States requesting funds for any
calendar year, the Board shall communicate that amount to the fiscal
agent. Expenditures by the fiscal agent for any calendar year may not
exceed the total balance. To the extent the matching funds requested by
all such States for a calendar year exceed the total amount received by
the fiscal agent during the prior calendar year and available to the
fiscal agent at the commencement of the calendar year concerned, the
matching funds distributed to each such State shall be reduced pro rata
so that the percentage of State funds matched by funds provided under
this section is the same for all States requesting funds.
(4) The fiscal agent shall distribute matching funds to the States
(or to an entity or entities designated by the State to receive
payments) to be used for eligible environmental priorities programs
designated under subsection (c). All funds received shall be used only
for the eligible environmental priorities programs designated by the
State. | Environmental Priorities Act of 1998 - Makes this Act effective for a consumer sector in any State in the first year after all of a State's regulated and nonregulated electric utilities have established retail electric service choice for customers in such sector, but no earlier than 2001.
Requires providers of retail electric services to contribute to the fiscal agent for the Environmental Priorities Board (established by this Act) ten percent of the total consumer savings for the consumer sector for that calendar year. Defines: (1) "consumer savings" as the amount by which the potential rate for electric energy provided to a consumer sector exceeds the current rate for the sector, multiplied by the sector's total consumption (in kilowatt-hours) during a calendar year; and (2) "potential rate" as the average kilowatt-hour rate paid by the provider's customers in that sector during the 12-month period preceding the date on which retail electric service choice was established, adjusted for inflation.
Requires the Administrator of the Environmental Protection Agency to establish a National Environmental Priorities Board. Directs the Board to: (1) establish regulations governing creation of an Environmental Priorities Program, to include criteria and methods of selecting State projects to receive support; and (2) enter into arrangements with a non-federal fiscal agent to receive and disburse contributions described by this Act.
Authorizes States in which retail electric service choice has been established for any consumer sector to establish public purpose programs and apply for matching funding to support environmental priorities programs.
Requires the fiscal agent to distribute contributions to States to carry out such programs. | {"src": "billsum_train", "title": "Environmental Priorities Act of 1998"} | 1,783 | 348 | 0.743894 | 2.235034 | 0.827773 | 3.958199 | 5.562701 | 0.942122 |
SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.
(a) Establishment.--There is established a Commission on Structural
Alternatives for the Federal Courts of Appeals (hereinafter referred to
as the ``Commission'').
(b) Functions.--The functions of the Commission shall be to--
(1) study the present division of the United States into
the several judicial circuits;
(2) study the structure and alignment of the Federal court
of appeals system, with particular reference to the Ninth
Circuit; and
(3) report recommendations to the President and Congress on
appropriate changes in circuit boundaries or structure for the
expeditious and effective disposition of the caseload of the
Federal Courts of Appeals, consistent with fundamental concepts
of fairness and due process.
SEC. 2. MEMBERSHIP.
(a) Composition.--The Commission shall be composed of 8 members
appointed as follows:
(1) One member appointed by the President of the United
States.
(2) Three members appointed by the Majority Leader of the
Senate.
(3) Three members appointed by the Speaker of the House of
Representatives.
(4) One member appointed by the Chief Justice of the United
States.
(b) Vacancy.--Any vacancy in the Commission shall be filled in the
same manner as the original appointment.
(c) Chair.--The Commission shall elect a Chair and Vice Chair from
among its members.
(d) Quorum.--Four members of the Commission shall constitute a
quorum, but 3 may conduct hearings.
SEC. 3. COMPENSATION.
(a) In General.--Members of the Commission who are Federal officers
or employees shall receive no additional compensation for their
services, but shall be reimbursed for travel, subsistence, and other
necessary expenses incurred in the performance of duties vested in the
Commission, but not in excess of the maximum amounts authorized under
section 456 of title 28, United States Code.
(b) Non-Federal Members.--Any member of the Commission who is not a
Federal officer or employee shall receive $200 for each day (including
travel time) during which the member is engaged in the actual
performance of duties vested in the Commission, plus reimbursement for
travel, subsistence, and other necessary expenses incurred in the
performance of such duties, but not in excess of the maximum amounts
authorized under section 456 of title 28, United States Code.
SEC. 4. PERSONNEL.
(a) Executive Director.--The Commission may appoint an Executive
Director who shall receive compensation at a rate not exceeding the
rate prescribed for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) Staff.--The Executive Director, with the approval of the
Commission, may appoint and fix the compensation of such additional
personnel as the Executive Director determines necessary, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service or the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates. Compensation under this
subsection shall not exceed the annual maximum rate of basic pay for a
position above GS-15 of the General Schedule under section 5108 of
title 5, United States Code.
(c) Experts and Consultants.--The Executive Director may procure
personal services of experts and consultants as authorized under
section 3109 of title 5, United States Code, at rates not to exceed the
highest level payable under the General Schedule pay rates under
section 5332 of title 5, United States Code.
(d) Services.--The Administrative Office of the United States
Courts shall provide administrative services, including financial and
budgeting services, for the Commission on a reimbursable basis. The
Federal Judicial Center shall provide necessary research services on a
reimbursable basis.
SEC. 5. INFORMATION.
The Commission is authorized to request from any department,
agency, or independent instrumentality of the Government any
information and assistance the Commission determines necessary to carry
out its functions under this Act. Each such department, agency, and
independent instrumentality is authorized to provide such information
and assistance to the extent permitted by law when requested by the
Chair of the Commission.
SEC. 6. REPORT.
No later than 1 year after the date of the enactment of this Act,
or June 30, 1998, whichever occurs first, the Commission shall submit
its report to the President and the Congress under section 1(b). The
Commission shall terminate 90 days after the date of the submission of
the report.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commission the sum of
$500,000 to carry out this Act. | Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (2) report its recommendations for changes to the President and the Congress by the earlier of June 30, 1998, or one year after enactment of this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "To establish a Commission on Structural Alternatives for the Federal Courts of Appeals."} | 1,013 | 103 | 0.533019 | 1.434927 | 0.773337 | 5.58427 | 10.516854 | 0.955056 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Distracted Driving
Prevention Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Distracted driving prevention.
Sec. 3. Research program.
Sec. 4. FCC report on distracted driving technology.
SEC. 2. DISTRACTED DRIVING PREVENTION.
(a) In General.--Chapter 4 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 413. Distracted driving prevention
``(a) Withholding of Funds for States Without Distracted Driving
Laws.--
``(1) Fiscal year 2016.--On October 1, 2015, the Secretary
shall withhold 1 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) for fiscal year 2016 if the State has not
enacted or is not enforcing a law that meets the requirements
of subsections (b) and (c).
``(2) Fiscal year 2017.--On October 1, 2016, the Secretary
shall withhold 3 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) for fiscal year 2017 if the State has not
enacted or is not enforcing a law that meets the requirements
of subsections (b) and (c).
``(3) Fiscal year 2018 and thereafter.--On October 1, 2017,
and on October 1 of each fiscal year thereafter, the Secretary
shall withhold 5 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) for the applicable fiscal year if the State has
not enacted or is not enforcing a law that meets the
requirements of subsections (b) and (c).
``(b) Prohibition on Texting While Driving.--A State law meets the
requirements of this subsection if the law--
``(1) prohibits the use of a personal wireless
communications device by a driver for texting while driving;
``(2) makes violation of the law a primary offense;
``(3) establishes--
``(A) a minimum fine for a first violation of the
law; and
``(B) increased fines for repeat violations; and
``(4) provides increased civil and criminal penalties, as
compared to those that would otherwise apply, if a vehicle
accident is caused by a driver who is using such a device in
violation of the law.
``(c) Prohibition on Handheld Cell Phone Use While Driving.--A
State law meets the requirements of this subsection if the law--
``(1) prohibits a driver from holding a personal wireless
communications device to conduct a telephone call while
driving;
``(2) allows the use of a hands-free device by a driver,
other than a driver who has not attained the age of 18 years,
for initiating, conducting, or receiving a telephone call;
``(3) makes violation of the law a primary offense;
``(4) requires distracted driving issues to be tested as
part of the driver's license examination of the State;
``(5) establishes--
``(A) a minimum fine for a first violation of the
law; and
``(B) increased fines for repeat violations; and
``(6) provides increased civil and criminal penalties, as
compared to those that would otherwise apply, if a vehicle
accident is caused by a driver who is using a personal wireless
communications device in violation of the law.
``(d) Permitted Exceptions.--A State law meets the requirements of
subsections (b) and (c) without regard to whether the law provides
exceptions for--
``(1) use of a personal wireless communications device by a
driver to contact emergency services;
``(2) manipulation of a personal wireless communications
device by a driver to activate, deactivate, or initialize the
hands-free functionality of the device; and
``(3) use of a personal wireless communications device by
emergency services personnel while operating an emergency
services vehicle and engaged in the performance of the duties
of emergency services personnel.
``(e) Period of Availability of Withheld Funds; Effect of
Compliance and Noncompliance.--
``(1) Period of availability of withheld funds.--Any funds
withheld under subsection (a) from apportionment to a State
shall remain available for apportionment to the State until the
end of the third fiscal year following the fiscal year for
which the funds are authorized to be appropriated.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under subsection (a) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
enacts and begins enforcement of a law that meets the
requirements of subsections (b) and (c), the Secretary shall,
on the first day on which the State has enacted and begins
enforcement of such a law, apportion to the State the funds
withheld under subsection (a) that remain available for
apportionment to the State.
``(3) Period of availability of subsequently apportioned
funds.--Any funds apportioned pursuant to paragraph (2)--
``(A) shall remain available for expenditure until
the end of the third fiscal year following the fiscal
year in which the funds are so apportioned; and
``(B) if not apportioned at the end of that period,
shall lapse.
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (a) from
apportionment are available for apportionment to a State under
paragraph (1), the State has not enacted or has not begun
enforcement of a law that meets the requirements of subsections
(b) and (c), the funds shall lapse.
``(f) Definitions.--In this section, the following definitions
apply:
``(1) Driving.--The term `driving' means operating a motor
vehicle on a public road, including operation while temporarily
stationary because of traffic, a traffic light, a stop sign, or
another reason. The term does not include operating a motor
vehicle when the vehicle has pulled over to the side of, or
off, an active roadway and has stopped in a location where it
can safely remain stationary.
``(2) Hands-free device.--The term `hands-free device'
means a device that allows a driver to use a personal wireless
communications device to initiate, conduct, or receive a
telephone call without holding the personal wireless
communications device.
``(3) Personal wireless communications device.--The term
`personal wireless communications device' means a device
through which personal wireless services (as defined in section
332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C.
332(c)(7)(C)(i))) are transmitted. The term does not include a
global navigation satellite system receiver used for
positioning, emergency notification, or navigation purposes.
``(4) Primary offense.--The term `primary offense' means an
offense for which a law enforcement officer may stop a vehicle
solely for the purpose of issuing a citation in the absence of
evidence of another offense.
``(5) Public road.--The term `public road' has the meaning
given that term in section 402(c).
``(6) Texting.--The term `texting' means reading from or
manually entering data into a personal wireless communications
device, including doing so for the purpose of SMS texting, e-
mailing, instant messaging, or engaging in any other form of
electronic data retrieval or electronic data communication.''.
(b) Clerical Amendment.--The analysis for chapter 4 of title 23,
United States Code, is amended by adding at the end the following:
``413. Distracted driving prevention.''.
SEC. 3. RESEARCH PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a research program to study distracted driving by passenger and
commercial vehicle drivers.
(b) Scope.--The program shall include studies of--
(1) driver behavior;
(2) vehicle technology; and
(3) portable electronic devices that are commonly brought
into passenger or commercial vehicles.
(c) Research Agreements.--
(1) In general.--In carrying out this section the Secretary
may grant research contracts to non-governmental entities to
study distracted driving.
(2) Limitations.--The Secretary may not grant a research
contract under this section to any person that produces or
sells--
(A) electronic equipment that is used in vehicles;
(B) portable electronic equipment commonly brought
into passenger or commercial vehicles; or
(C) passenger or commercial vehicles.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the research program under this section.
SEC. 4. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.
Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that
identifies--
(1) data the Commission can collect and analyze that will
assist in understanding and reducing the problem of distracted
driving involving the use of personal wireless communications
devices;
(2) existing and developing wireless communications
technology that may be used to reduce problems associated with
distracted driving; and
(3) existing authority that the Commission may use to
assist in reducing those problems. | Distracted Driving Prevention Act of 2013 - Requires the Secretary of Transportation (DOT) to withhold a certain percentage of a state's apportionment of certain federal-aid highway funds for FY2016-FY2018, and each succeeding fiscal year, if the state has not enacted or is not enforcing a law that: (1) prohibits a driver from using a hand-held personal wireless communications device (such as a cell phone or smart phone) to text or call while driving; (2) allows the use of a hands-free device by a driver (other than a driver who is less than 18 years old) to call; (3) makes violation of the law a primary offense; (4) requires distracted driving issues to be tested as part of the state's driver's license examination; and (5) establishes certain minimum fines and increased civil and criminal penalties. Excludes from the meaning of personal wireless communications device a global navigation satellite system receiver used for positioning, emergency notification, or navigation (GPS). Declares that laws meet the requirements of this Act without regard to whether it provides exceptions for driver: (1) use of a cell phone in emergency situations, and (2) use of a cell phone to activate its hands-free capabilities. Requires the Secretary to establish a research program to study distracted driving by passenger and commercial vehicle drivers. Directs the the Federal Communications Commission (FCC) to report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving. | {"src": "billsum_train", "title": "Distracted Driving Prevention Act of 2013"} | 2,267 | 337 | 0.623093 | 1.837114 | 0.707649 | 4.582492 | 6.993266 | 0.905724 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Amnesty and Opportunity Act
of 2001''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN UNDOCUMENTED AND NONIMMIGRANT
ALIENS.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 210 the following new section:
``alien worker amnesty
``Sec. 210A. (a) Lawful Permanent Residence.--The Attorney General
shall adjust the status of an alien to that of an alien lawfully
admitted for permanent residence if the alien submits an application
and the Attorney General determines that the alien meets the following
requirements:
``(1) Presence in united states.--The alien maintained a
continuous physical presence in the United States for a period
of not less than 10 years immediately prior to the date of the
submission of an application under this section. For the
purposes of this section an alien shall be considered to have
failed to maintain continuous physical presence in the United
States for the purposes of this section if the alien has
departed from the United States for any period in excess of 90
days or for any periods in the aggregate exceeding 365 days.
``(2) Qualification.--The alien fulfills at least 1 of the
following qualifications:
``(A) Alien sponsored by a labor organization and
employed in an occupation with a worker shortage.--The
alien is employed in the United States in an occupation
which during the 2-year period prior to the date of the
submission of an application under this section has
experienced a shortage of workers and the application
of the alien under this section is sponsored by a labor
organization.
``(B) Alien eligible for admission as student at an
institution of higher education.--The alien is eligible
for admission as a student at an accredited institution
of higher education in the United States.
``(C) Age.--The alien has attained the age of 65
years.
``(3) Admissible as immigrant.--The alien is admissible to
the United States as an immigrant, except as otherwise provided
under subsection (b)(2).
``(b) Waiver of Numerical Limitations and Certain Grounds for
Exclusion.--
``(1) Numerical limitations.--The numerical limitations of
sections 201 and 202 shall not apply to the adjustment of
aliens to lawful permanent resident status under this section.
``(2) Grounds for exclusion.--With respect to the
determination of an alien's admissibility under subsection
(a)(3):
``(A) Not applicable.--The provisions of paragraphs
(6) and (7) of section 212(a) shall not apply.
``(B) Discretionary.--
``(i) In general.--Except as provided in
clause (ii), in the determination of such an
alien's admissibility, the Attorney General may
waive any other provision of section 212(a) in
the case of individual aliens for humanitarian
purposes, to assure family unity, or when it is
otherwise in the public interest.
``(ii) Grounds that may not be waived.--The
following provisions of section 212(a) may not
be waived by the Attorney General under clause
(i):
``(I) Paragraph (2)(A) and (2)(B)
(relating to criminals).
``(II) Paragraph (2)(C) (relating
to drug offenses), except for so much
of such paragraph as relates to a
single offense of simple possession of
30 grams or less of marihuana.
``(III) Paragraph (3) (relating to
security and related grounds), other
than subparagraph (E) thereof.
``(c) Temporary Stay of Exclusion or Deportation for Certain
Applicants.--The Attorney General shall provide that in the case of an
alien who presents a nonfrivolous application under subsection (a), and
until a final determination on the application has been made in
accordance with this section, the alien may not be excluded or
deported.
``(d) Temporary Work Authorization for Certain Applicants.--An
applicant under this section is not entitled to employment
authorization, but such authorization may be provided in the discretion
of the Attorney General.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by inserting after the item relating to
section 210 the following new item:
``Sec. 210A. Alien worker amnesty.''. | Worker Amnesty and Opportunity Act of 2001 - Amends the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens who are: (1) alien workers; (2) eligible for admission at a U.S. institution of higher education; or (3) at least 65 years old. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens."} | 1,018 | 74 | 0.547042 | 1.173704 | 1.065143 | 2.05 | 14.733333 | 0.883333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NAFTA Accountability Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Expanded markets.--One of the purposes of the NAFTA, as
stated in the preamble, is to ``create an expanded and secure
market'' for goods and services. Instead, the NAFTA has
resulted in a spiraling trade deficit with Mexico and Canada
that will exceed $30,000,000,000 in 1995. Rather than
harmonious development and expansion as envisioned, the NAFTA
has resulted in trade deficits which are draining
$2,500,000,000 a month from the United States economy.
(2) Currency stability.--One of the purposes of the NAFTA
is to ``ensure a predictable commercial framework for business
planning and investment''. However, the NAFTA contains no
safeguards to minimize the negative economic impacts of severe
shifts in currency exchange rates among the NAFTA Parties. To
protect its own economy the United States has sought to bolster
the Mexican peso which is now being supported by
$30,000,000,000 in loans, mostly from unwilling United States
taxpayers. The devaluation of the Mexican peso has more than
offset tariff reductions and other trade benefits the United
States expected to achieve from the agreement.
(3) Fair agricultural trade.--One of the purposes of the
NAFTA is to reduce distortions to trade. In addition, the NAFTA
is supposed to promote conditions of fair competition and to
establish mutually advantageous rules governing trade. However,
since the NAFTA, there has been a rapid escalation of one-way
trade of Canadian grain exports of wheat, durum wheat, and
barley to the United States, disrupting markets and marketing
channels. Surges in the importation of certain Mexican fruits
and vegetables threaten domestic production and the importation
of livestock and meat products from the NAFTA Parties has
exacerbated the severe problems facing United States livestock
producers.
(4) Jobs, wages, and living standards.--One of the purposes
of the NAFTA is to ``create new employment opportunities and
improve working conditions and living standards'' in the
respective territories of the NAFTA Parties. Instead, there has
been a substantial loss of over 300,000 high-paying jobs in the
United States. A survey of United States companies conducted 20
months after the implementation of the NAFTA found that 90
percent of the companies that had anticipated an increased
number of jobs from the NAFTA have, in fact, not increased
employment since the NAFTA was implemented. In the first year
of the NAFTA's implementation, United States workers had the
sharpest drop of real hourly wages on record. More than
2,000,000 workers have become unemployed in Mexico since the
implementation of the NAFTA and real wages of Mexican workers
have been slashed 50 percent. In addition to the loss of
purchasing power, there has been an erosion in the standards of
living in the United States, Canada, and Mexico.
(5) Manufacturing base.--One of the purposes of the NAFTA
is to enhance the competitiveness of firms in the global
market. However, rather than increase the ability of the
manufacturing sector in the United States to compete in the
world market, the NAFTA has facilitated the movement of United
States manufacturing facilities and jobs to Mexico. The NAFTA
has contributed to a net loss of 227,000 manufacturing jobs in
the United States during the last 7 months and an unprecedented
flood of imports of manufactured goods into the United States.
(6) Health and environment.--Other purposes of the NAFTA
are ``to safeguard the public welfare'' and ``to strengthen the
development and enforcement of environmental laws and
regulations''. Yet, since the implementation of the NAFTA, the
public welfare has been undermined by increased imports of food
products that do not meet United States health standards. In
addition, the NAFTA has accelerated the relocation of United
States manufacturing facilities to the United States-Mexico
border zone, where hundreds of new manufacturing plants have
been added. Without adequate environmental safeguards, the
uncontrolled industrial and population growth in the border
zone has aggravated pollution and health hazards, increasing
the incidence of infectious diseases and human exposure to
toxins.
(7) Illegal drugs.--Rather than safeguarding the public
welfare, the NAFTA has allowed the increased flow of illegal
drugs and controlled substances into the United States from
Mexico. More than half of all cocaine and marijuana illegally
entering the United States now comes through Mexico, with an
increasing portion carried by trucks which undergo more limited
inspection under the NAFTA.
(8) Protect rights.--The promotion of sustainable
development as well as the protection and enhancement of basic
rights are stated objectives of the NAFTA. As envisioned, the
NAFTA is to increase economic opportunity together with
expansion of political freedoms and human rights. Yet these
objectives are not being fulfilled, especially in Mexico, where
some citizens continue to experience infringements of such
rights and freedoms.
(9) NAFTA should not be expanded.--The Congress approved
the NAFTA in order to achieve economic, social, and
environmental benefits for the people of the United States.
Based on currently available information, the goals and
objectives of the NAFTA are not being achieved. Therefore, the
NAFTA should not be expanded to include any other country.
(10) NAFTA to be renegotiated and benefits certified.--
Based on the experience with the NAFTA since its
implementation, it has become evident that further negotiation
is required to resolve fundamental inadequacies within the
NAFTA with respect to trade balances, currency differentials,
and agricultural provisions. If the NAFTA is to continue,
responsible public officials must be able to certify specific
measures of economic, social, and environmental progress.
Otherwise Congress has no choice but to withdraw its approval
of the NAFTA.
SEC. 3. CONDITIONS FOR CONTINUED PARTICIPATION IN THE NAFTA.
(a) In General.--
(1) Withdrawal of approval.--Notwithstanding any other
provision of law, unless each of the conditions described in
paragraph (2) is met--
(A) the approval of the NAFTA by the Congress
provided for in section 101(a) of the North American
Free Trade Agreement Implementation Act shall cease to
be effective on October 1, 1997, and
(B) not later than April 1, 1997, the President
shall provide written notice of withdrawal to the
Governments of Canada and Mexico in accordance with
Article 2205 of the NAFTA.
(2) Conditions for continuing participation in nafta.--The
conditions described in this paragraph are that before December
31, 1996--
(A) the President--
(i) renegotiate the terms of the NAFTA in
accordance with paragraphs (1), (2), and (3) of
subsection (b), and
(ii) provide the certification to the
Congress described in subsection (b)(8),
(B) the Secretary of Labor provide the
certification described in subsection (b)(4),
(C) the Secretary of Commerce provide the
certification described in subsection (b)(5),
(D) the Secretary of Agriculture and the
Administrator of the Food and Drug Administration
provide the certification described in subsection
(b)(6)(A),
(E) the Administrator of the Environmental
Protection Agency submit the certification and report
described in subsection (b)(6)(B), and
(F) the Attorney General of the United States
provide the certification described in subsection
(b)(7).
(b) Areas of Renegotiation and Certification.--The areas of
renegotiation and certification described in this subsection are as
follows:
(1) Renegotiate the nafta to correct trade deficits.--The
President is authorized and directed to confer with the
Governments of Canada and Mexico and to renegotiate the terms
of the NAFTA to provide for implementation of emergency
adjustments of tariffs, quotas, and other measures to stabilize
the flow of trade among the NAFTA Parties when the United
States has an annual deficit in trade of goods and services
with another NAFTA Party that exceeds 10 percent of United
States exports to that Party.
(2) Renegotiate the nafta to correct currency
distortions.--The President is authorized and directed to
confer with the Governments of Canada and Mexico and to
renegotiate the terms of the NAFTA to provide for the
implementation of emergency adjustments of tariffs, quotas, and
other measures to mitigate the adverse effects of rapid or
substantial changes in exchange rates between the United States
dollar and the currency of another NAFTA Party.
(3) Renegotiate the nafta to correct agricultural
provisions.--The President is authorized and directed to confer
with the Governments of Canada and Mexico and to renegotiate
the terms of the NAFTA to provide for the implementation of
emergency tariffs, quotas, and other measures to bring the
levels of wheat, durum wheat, and barley imported from Canada
to levels that are comparable to the levels of these products
imported during the 10-year period before the date the NAFTA
entered into force with respect to the United States. The
President is further authorized and directed to renegotiate the
NAFTA to establish and strengthen provisions to prevent imports
of agricultural commodities from any NAFTA Party from unfairly
displacing United States production and to provide improved
mechanisms for relief for United States producers that are
adversely impacted by such imports.
(4) Certification of gains in united states jobs and living
standards.--If the Secretary of Labor, after consultation with
appropriate government agencies and citizen organizations,
determines that--
(A) the number of jobs resulting from increased
exports of United States manufactured goods to other
NAFTA Parties exceeds the number of jobs lost because
of imports of manufactured goods from other NAFTA
Parties since January 1, 1994, and
(B) the purchasing power of wage-earners in the
United States has increased since January 1, 1994,
the Secretary shall so certify to the Congress.
(5) Certification of increased domestic manufacturing.--If
the Secretary of Commerce, after consultation with the
appropriate government agencies and citizen organizations,
determines that the export of United States manufactured goods
to the NAFTA Parties exceeds the imports of manufactured goods
from NAFTA Parties, the Secretary shall so certify to the
Congress. In making the determination, the Secretary shall not
include any goods originating outside the United States that
are exported to another NAFTA Party, nor imports from another
NAFTA Party that are destined for other countries.
(6) Certification relating to health and environmental
standards.--
(A) In general.--If the Secretary of Agriculture
and the Administrator of the Food and Drug
Administration, after consultation with appropriate
government agencies and citizen organizations,
determine, with respect to imports from NAFTA Parties,
that since January 1, 1994, there has been a reduced
incidence of contaminated and adulterated food, food
containing additives or pesticide residues exceeding
United States standards, or food containing additives
or pesticide residues which cannot be legally used in
the United States, the Secretary and Administrator
shall so certify to the Congress. In making this
determination, all foods and food products, including
fruits, vegetables, grains, oilseeds, and meats, both
fresh and processed, shall be reviewed. Special
attention shall be given to foods which have had a
history of violations.
(B) Border area pollution.--If the Administrator of
the Environmental Protection Agency determines that
conditions affecting public health in the United
States-Mexico border zone have not worsened since
January 1, 1994, the Administrator shall so certify to
the Congress. In addition, the Administrator, in
consultation with the Secretariat for the NAFTA
Commission on Environmental Cooperation, shall report
to the Congress on the outcomes of the Administration's
investigations on pollution and health hazards in and
around the United States-Mexico border zone since the
implementation of the NAFTA. The report shall include--
(i) a description and status report of all
industrial site cleanup and environmental
improvement projects begun in the border zone
since January 1, 1994;
(ii) information available from local,
State, and Federal health agencies reflecting
the incidence since January 1, 1990, in and
around the border zone of hepatitis, neural
stem birth defects, lupus, chronic adolescent
diarrhea, tuberculosis, nonneural birth
defects, cholera, botulism, and other disorders
commonly related to industrial pollution,
inadequate infrastructures, and hazardous
waste; and
(iii) information on the incidence of air
and water pollution since January 1, 1990, and
the causes, levels, and types of pollution
which have occurred.
(7) Certification relating to illegal drugs.--If the
Attorney General of the United States determines, after a
review by the Drug Enforcement Administration and consultation
with appropriate government agencies and citizen organizations,
that increased imports from the NAFTA Parties are not resulting
in an increase in illegal drugs or other controlled substances
from Mexico or Canada, the Attorney General shall so certify to
the Congress. The Attorney General through the Drug Enforcement
Administration shall conduct a thorough review and report to
the Congress regarding the flow of illegal drugs from Mexico
and Canada and the relationship of such flow to trade of other
commodities and services with the NAFTA Parties.
(8) Certification relating to democracy and human
freedoms.--If the President, after consultation with
appropriate government agencies, international organizations,
and citizen organizations, determines that the Government of
Mexico--
(A) is elected in free and fair elections,
(B) protects the rights of its citizens to organize
into political parties,
(C) protects the rights of its citizens to free
speech and the right of the news media to operate
without fear of government control or reprisal, and
(D) protects the rights of its citizens to assemble
and to organize associations to advance human rights
and economic opportunities,
the President shall so certify to the Congress.
SEC. 4. CONSULTATION WITH CONGRESS.
The President shall consult regularly with the Congress regarding
the negotiations described in section 3(b) (1), (2), and (3). The
United States Trade Representative shall consult with the appropriate
committees of Congress in the development of any technical and
conforming amendments that may be required to carry out the provisions
of this Act.
SEC. 5. NO EXPANSION OF NAFTA.
Until such time as the conditions described in section 3(b) are
met, it is the sense of the Congress that the President should not
engage in negotiations to expand the NAFTA to include other countries
and that fast-track authority should not be renewed with respect to the
approval of any such expansion of the NAFTA.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) NAFTA.--The term ``NAFTA'' means the North American
Free Trade Agreement entered into between the United States,
Canada, and Mexico on December 17, 1992.
(2) NAFTA party.--The term ``NAFTA Party'' means the United
States, Canada, or Mexico.
(3) United States-Mexico border zone.--The term ``United
States-Mexico border zone'' means the area that comprises the
12-mile zone on the Mexican side of the United States-Mexico
border and the counties within any State of the United States
that are contiguous with Mexico. | NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), further negotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to.
Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1996. Requires the President to renegotiate the terms of NAFTA to correct trade deficits, currency distortions, and agricultural provisions in specified ways. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) gains in U.S. jobs and living standards (by the Secretary of Labor); (2) increased U.S. domestic manufacturing (by the Secretary of Commerce); (3) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (4) flow of illegal drugs from Mexico and Canada (by the Attorney General); and (5) Mexican democracy and human freedoms (by the President).
Directs the President to consult regularly with the Congress regarding such negotiations. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act.
Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion. | {"src": "billsum_train", "title": "NAFTA Accountability Act"} | 3,325 | 360 | 0.503358 | 1.720476 | 0.668491 | 2.923567 | 9.732484 | 0.904459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Social Security Act of 2017''.
SEC. 2. DETERMINATION OF WAGES AND SELF-EMPLOYMENT INCOME ABOVE
CONTRIBUTION AND BENEFIT BASE AFTER 2017.
(a) Determination of Wages Above Contribution and Benefit Base
After 2017.--
(1) Amendments to the internal revenue code.--
(A) In general.--Paragraph (1) of section 3121(a)
of the Internal Revenue Code of 1986 is amended by
inserting after ``such calendar year.'' the following:
``The preceding sentence shall apply only to calendar
years for which the contribution and benefit base (as
so determined) is less than $300,000, and, for such
calendar years, only to so much of the remuneration
paid to such employee by such employer with respect to
employment as does not exceed $300,000.''.
(B) Conforming amendment.--Paragraph (1) of section
3121(a) of such Code is amended by striking ``Act) to''
and inserting ``Act), or in excess of $300,000, to''.
(2) Amendment to the social security act.--Section
209(a)(1)(I) of the Social Security Act (42 U.S.C.
409(a)(1)(I)) is amended by inserting before the semicolon at
the end the following: ``except that this subparagraph shall
apply only to calendar years for which the contribution and
benefit base (as so determined) is less than $300,000, and, for
such calendar years, only to the extent remuneration paid to
such employee by such employer with respect to employment does
not exceed $300,000''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to remuneration paid in calendar years
after 2017.
(b) Determination of Self-Employment Income Above Contribution and
Benefit Base After 2017.--
(1) Amendments to the internal revenue code.--
(A) In general.--Paragraph (1) of section 1402(b)
of the Internal Revenue Code of 1986 is amended to read
as follows:
``(1) in the case of the tax imposed by section 1401(a)--
``(A) in the case of a taxpayer with wages (as
determined under section 3121(a) without regard to
paragraph (1) of such section) less than $300,000 and
more than the contribution and benefit base (as
determined under section 230 of the Social Security
Act) which is effective for the calendar year in which
such taxable year begins, the lesser of--
``(i) the excess of $300,000 over the wages
(as so determined) paid to such individual
during such taxable year, or
``(ii) the net earnings from self-
employment for the taxable year, and
``(B) in the case of a taxpayer with wages (as so
determined) less than or equal to such contribution and
benefit base and for whom the sum, for the taxable
year, of net earnings from self-employment and wages
(as so determined) paid to such individual is greater
than such contribution and benefit base, the lesser
of--
``(i) the excess of such sum over such
contribution and benefit base, or
``(ii) the excess of $300,000 over such
contribution and benefit base.''.
(B) Phaseout.--Subsection (b) of section 1402 of
the Internal Revenue Code of 1986 is amended by adding
at the end the following: ``Paragraph (1) shall apply
only to taxable years beginning in calendar years for
which the contribution and benefit base (as determined
under section 230 of the Social Security Act) is less
than $300,000.''.
(2) Amendments to the social security act.--
(A) In general.--Section 211(b)(1) of the Social
Security Act (42 U.S.C. 411(b)) is amended--
(i) in subparagraph (I)--
(I) by inserting ``and before
2018'' after ``1974''; and
(II) by striking ``or'' at the end;
and
(ii) by adding at the end the following:
``(J) For any taxable year beginning in any
calendar year after 2017, an amount equal to--
``(i) in the case of an individual with
wages (as determined under section 209(a)
without regard to paragraph (1) of such
section) less than $300,000 and more than the
contribution and benefit base (as determined
under section 230 of the Social Security Act)
which is effective for the calendar year in
which such taxable year begins, the lesser of--
``(I) the excess of $300,000 over
the wages (as so determined) paid to
such individual during such taxable
year, or
``(II) the net earnings from self-
employment for the taxable year, and
``(ii) in the case of a taxpayer with wages
(as so determined) less than or equal to such
contribution and benefit base and for whom the
sum, for the taxable year, of net earnings from
self-employment and wages (as so determined)
paid to such individual is greater than such
contribution and benefit base, the lesser of--
``(I) the excess of such sum over
such contribution and benefit base, or
``(II) the excess of $300,000 over
such contribution and benefit base.''.
(B) Phaseout.--Section 211(b) of the Social
Security Act (42 U.S.C. 411(b)) is amended by adding at
the end the following: ``Paragraph (1) shall apply only
to taxable years beginning in calendar years for which
the contribution and benefit base (as determined under
section 230) is less than $300,000.''.
(3) Effective date.--The amendments made by this subsection
shall apply to net earnings from self-employment derived, and
remuneration paid, in calendar years after 2017.
SEC. 3. INCLUSION OF EARNINGS OVER $300,000 IN SOCIAL SECURITY BENEFIT
FORMULA.
(a) Inclusion of Earnings Over $300,000 in Determination of Primary
Insurance Amounts.--Section 215(a)(1)(A) of the Social Security Act (42
U.S.C. 415(a)(1)(A)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by inserting ``and'' at the end; and
(3) by inserting after clause (iii) the following:
``(iv) 3 percent of the individual's excess average indexed
monthly earnings (as defined in subsection (b)(5)(A)).''.
(b) Definition of Excess Average Indexed Monthly Earnings.--Section
215(b) of the Social Security Act (42 U.S.C. 415(b)) is amended--
(1) by striking ``wages'' and ``self-employment income''
each place such terms appear and inserting ``basic wages'' and
``basic self-employment income'', respectively; and
(2) by adding at the end the following:
``(5)(A) An individual's excess average indexed monthly earnings
shall be equal to the amount of the individual's average indexed
monthly earnings that would be determined under this subsection by
substituting `excess wages' for `basic wages' and `excess self-
employment income' for `basic self-employment income' each place such
terms appear in this subsection (except in this paragraph).
``(B) For purposes of this subsection--
``(i) the term `basic wages' means that portion of the
wages of an individual paid in a year that does not exceed the
contribution and benefit base for the year;
``(ii) the term `basic self-employment income' means that
portion of the self-employment income of an individual credited
to a year that does not exceed an amount equal to the
contribution and benefit base for the year minus the amount of
the wages paid to the individual in the year;
``(iii) the term `excess wages' means that portion of the
wages of an individual paid in a year after 2017 in excess of
the higher of $300,000 or the contribution and benefit base for
the year; and
``(iv) the term `excess self-employment income' means that
portion of the self-employment income of an individual credited
to a year after 2017 in excess of the higher of $300,000 or
such contribution and benefit base.''.
(c) Conforming Amendment.--Section 215(e)(1) of the Social Security
Act (42 U.S.C. 415(e)(1)) is amended by inserting ``and before 2018''
after ``1974''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to individuals who initially become eligible (within
the meaning of section 215(a)(3)(B) of the Social Security Act) for
old-age or disability insurance benefits under title II of the Social
Security Act, or who die (before becoming eligible for such benefits),
in any calendar year after 2017.
SEC. 4. MODIFICATION OF AMOUNT OF SOCIAL SECURITY BENEFITS INCLUDED IN
GROSS INCOME.
(a) In General.--Section 86 of the Internal Revenue Code of 1986 is
amended by striking subsections (a), (b), and (c) and inserting the
following:
``(a) In General.--Gross income for the taxable year of any
taxpayer described in subsection (b) (notwithstanding section 207 of
the Social Security Act) includes social security benefits in an amount
equal to the lesser of--
``(1) 85 percent of the social security benefits received
during the taxable year, or
``(2) 85 percent of the excess described in subsection (b).
``(b) Taxpayers to Whom Subsection (a) Applies.--A taxpayer is
described in this subsection if--
``(1) the sum of--
``(A) the modified adjusted gross income of the
taxpayer for the taxable year, plus
``(B) 85 percent of the social security benefits
received during the taxable year, exceeds
``(2) $100,000.
``(c) Modified Adjusted Gross Income.--For purposes of this
section, the term `modified adjusted gross income' means adjusted gross
income--
``(1) determined without regard to this section and
sections 135, 137, 199, 221, 222, 911, 931, and 933, and
``(2) increased by the amount of interest received or
accrued by the taxpayer during the taxable year which is exempt
from tax.''.
(b) Social Security Trust Funds Held Harmless.--There are hereby
appropriated (out of any money in the Treasury not otherwise
appropriated) for each fiscal year to each fund under the Social
Security Act or the Railroad Retirement Act of 1974 an amount equal to
the reduction in the transfers to such fund for such fiscal year by
reason of the amendments made by subsection (a).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Save Social Security Act of 2017 This bill amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to: (1) apply Social Security payroll taxes to annual income above $300,000; (2) include earnings above $300,000 in the benefit formula; and (3) increase to $100,000 the income threshold above which Social Security benefits are included in gross income. (Under current law, Social Security payroll taxes apply to the first $127,200 of income in 2017 and benefits are included in the gross income of individuals with certain income that exceeds thresholds of $0, $25,000, or $32,000, depending on the individual's filing status.) | {"src": "billsum_train", "title": "Save Social Security Act of 2017"} | 2,571 | 144 | 0.509539 | 1.351045 | 0.659496 | 1.863309 | 16.316547 | 0.81295 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beneficiary Health Coverage
Notification Rights Act of 1999''.
SEC. 2. NOTIFICATION OF DISCONTINUATION OF HEALTH INSURANCE COVERAGE TO
PARTICIPANTS AND BENEFICIARIES.
(a) Group Health Plans.--
(1) Public health service act amendment.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. PROHIBITION OF RETROACTIVE TERMINATION; ADVANCE
NOTIFICATION OF DISCONTINUATION OF HEALTH INSURANCE
COVERAGE TO PARTICIPANTS AND BENEFICIARIES.
``A health insurance issuer offering group health insurance
coverage in connection with a group health plan may not terminate the
coverage with respect to the plan (or allow the coverage to lapse)
because the plan failed to pay to the issuer premiums necessary to
maintain the coverage unless the issuer, at least 30 days before the
effective date of termination or lapse of the coverage, provides
written notice to each participant or beneficiary whose coverage would
so terminate or lapse, indicating the fact and effective date of such
termination or lapse of coverage.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) ERISA amendment.--(A) Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. PROHIBITION OF RETROACTIVE TERMINATION; ADVANCE
NOTIFICATION OF DISCONTINUATION OF HEALTH INSURANCE
COVERAGE TO PARTICIPANTS AND BENEFICIARIES.
``A health insurance issuer offering group health insurance
coverage in connection with a group health plan may not terminate the
coverage with respect to the plan (or allow the coverage to lapse)
because the plan failed to pay to the issuer premiums necessary to
maintain the coverage unless the issuer, at least 30 days before the
effective date of termination or lapse of the coverage, provides
written notice to each participant or beneficiary whose coverage would
so terminate or lapse, indicating the fact and effective date of such
termination or lapse of coverage.''.
(B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Prohibition of retroactive termination; advance
notification of discontinuation of health
insurance coverage to participants and
beneficiaries.''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to terminations and lapses of coverage occurring on or
after the first day of the first month that begins more than 60 days
after the date of the enactment of this Act, regardless of the
effective date of such terminations and lapses, but do not apply to
terminations and lapses for which notice has been provided before such
first day.
SEC. 3. DEEMING PERIOD OF HEALTH INSURANCE COVERAGE FOR PARTICIPANTS
AND BENEFICIARIES BETWEEN DISCONTINUATION AND NOTICE OF
DISCONTINUATION OF COVERAGE.
(a) Group Health Plans.--
(1) Public health service act amendments.--
(A) Section 2701(c) of the Public Health Service
Act (42 U.S.C. 300gg(c)) is amended by adding at the
end the following new paragraph:
``(5) Deeming period of coverage for participants and
beneficiaries between discontinuation and notice of
discontinuation of coverage.--
``(A) In general.--If--
``(i)(I) a health insurance issuer offering
group health insurance coverage in connection
with a group health plan terminates the
coverage with respect to the plan (or allows
the coverage to lapse), or (II) coverage under
a group health plan is terminated; and
``(ii) a participant or beneficiary whose
coverage is so terminated or lapsed only
receives notice of such termination or lapse
after the date that the termination or lapse
takes effect,
for the purposes described in subparagraph (B), such
individual shall be treated as being covered under the
terminated or lapsed group health insurance coverage or
group health plan during the deeming period, as defined
in subparagraph (C).
``(B) Application.--Subparagraph (A) shall apply--
``(i) for purposes of this part (including
for purposes of reducing pre-existing condition
exclusion periods and avoiding a significant
break in coverage); and
``(ii) for purposes of applying any State
law that provides for a conversion or any other
health insurance option based on (or taking
into account) loss of group health insurance
coverage or loss of coverage under a group
health plan.
``(C) Deeming period defined.--For purposes of this
paragraph, the term `deeming period' is the period
beginning on the effective date of the termination or
lapse of coverage described in subparagraph (A)(i) and
ending on the date on which the participant or
beneficiary receives notice described in subparagraph
(A)(ii).
``(D) No entitlement to benefits during deeming
period.--Nothing in this paragraph shall be construed
as entitling any individual to any benefits under the
plan or coverage during the deeming period.''.
(B) Section 2701(f)(1)(D) of such Act (42 U.S.C.
300gg(f)(1)(D)) is amended by inserting before the
period ``or if later, the date the employee is notified
of such termination''.
(2) ERISA amendments.--
(A) Section 701(c) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1181(c)) is
amended by adding at the end the following new
paragraph:
``(5) Deeming period of coverage for participants and
beneficiaries between discontinuation and notice of
discontinuation of coverage.--
``(A) In general.--If--
``(i)(I) a health insurance issuer offering
group health insurance coverage in connection
with a group health plan terminates the
coverage with respect to the plan (or allows
the coverage to lapse), or (II) coverage under
a group health plan is terminated; and
``(ii) a participant or beneficiary whose
coverage is so terminated or lapsed only
receives notice of such termination or lapse
after the date that the termination or lapse
takes effect,
for the purposes described in subparagraph (B), such
individual shall be treated as being covered under the
terminated or lapsed group health insurance coverage or
group health plan during the deeming period, as defined
in subparagraph (C).
``(B) Application.--Subparagraph (A) shall apply
for purposes of this part (including for purposes of
reducing pre-existing condition exclusion periods and
avoiding a significant break in coverage).
``(C) Deeming period defined.--For purposes of this
paragraph, the term `deeming period' is the period
beginning on the effective date of the termination or
lapse of coverage described in subparagraph (A)(i) and
ending on the date on which the participant or
beneficiary receives notice described in subparagraph
(A)(ii).
``(D) No entitlement to benefits during deeming
period.--Nothing in this paragraph shall be construed
as entitling any individual to any benefits under the
plan or coverage during the deeming period.''.
(B) Section 701(f)(1)(D) of such Act (29 U.S.C.
1181(f)(1)(D)) is amended by inserting before the
period ``or if later, the date the employee is notified
of such termination''.
(3) Internal revenue code amendments.--Section 9801(c) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new paragraph:
``(5) Deeming period of coverage for participants and
beneficiaries between discontinuation and notice of
discontinuation of coverage.--
``(A) In general.--If--
``(i)(I) a health insurance issuer offering
group health insurance coverage in connection
with a group health plan terminates the
coverage with respect to the plan (or allows
the coverage to lapse), or (II) coverage under
a group health plan is terminated; and
``(ii) a participant or beneficiary whose
coverage is so terminated or lapsed only
receives notice of such termination or lapse
after the date that the termination or lapse
takes effect,
for the purposes described in subparagraph (B), such
individual shall be treated as being covered under the
terminated or lapsed group health insurance coverage or
group health plan during the deeming period, as defined
in subparagraph (C).
``(B) Application.--Subparagraph (A) shall apply
for purposes of this part (including for purposes of
reducing pre-existing condition exclusion periods and
avoiding a significant break in coverage).
``(C) Deeming period defined.--For purposes of this
paragraph, the term `deeming period' is the period
beginning on the effective date of the termination or
lapse of coverage described in subparagraph (A)(i) and
ending on the date on which the participant or
beneficiary receives notice described in subparagraph
(A)(ii).
``(D) No entitlement to benefits during deeming
period.--Nothing in this paragraph shall be construed
as entitling any individual to any benefits under the
plan or coverage during the deeming period.''.
(B) Section 9801(f)(1)(D) of such Code is amended
by inserting before the period ``or if later, the date
the employee is notified of such termination''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to terminations and lapses of coverage occurring on or
after the first day of the first month that begins after the date of
the enactment of this Act, regardless of the effective date of such
terminations and lapses, but do not apply to terminations and lapses
for which notice has been provided before such first day. | Amends such Acts and the Internal Revenue Code to deem any participant or beneficiary notified of a group health plan termination or lapse only after the fact to have been covered during the deeming period between the effective date of the termination or lapse and the date of notification. Limits the application of the deeming period to certain purposes, including reduction of pre-existing condition exclusion periods and avoidance of a significant break in coverage. Declares that nothing in this Act shall be construed as entitling any individual to any plan or coverage benefits during such deeming period. | {"src": "billsum_train", "title": "Beneficiary Health Coverage Notification Rights Act of 1999"} | 2,468 | 131 | 0.539538 | 1.587626 | 0.467638 | 3.009709 | 19.660194 | 0.893204 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Resources Enhancement and
Restoration Act of 2000''.
SEC. 2. NATIONAL SCIENCE FOUNDATION RESEARCH GRANTS FOR COASTAL
ENGINEERING AND SHORELINE PROTECTION.
Section 3 of the National Science Foundation Act of 1950 (42 U.S.C.
1862) is amended by adding at the end the following:
``(h) Beginning in fiscal year 2001, not less than 10 percent of
the amounts appropriated for a fiscal year for making grants for
engineering research under subsection (a)(1) shall be used by the
Foundation for making grants for coastal engineering and coastline
protection research.''.
SEC. 3. SUPPLEMENTAL ENVIRONMENTAL PROGRAMS IN COASTAL AREAS.
Section 313 of the Federal Water Pollution Control Act (33 U.S.C.
1323) is amended by adding at the end the following:
``(c) Artificial Reefs and Aquatic Habitat Restoration Projects.--A
department, agency, or instrumentality of the Federal Government that
is found to have violated this Act in connection with the discharge or
runoff of pollutants into coastal waters of the United States and that,
as a result of the violation, is ordered to undertake a supplemental
environmental program in lieu of paying fines shall be given the option
of constructing artificial reefs and undertaking aquatic habitat
restoration projects.''.
SEC. 4. ACCESS TO PUBLICLY OWNED SHORES.
(a) Eligibility of Shoreline Protection Projects.--Subsection (d)
of the first section of the Act entitled ``An Act authorizing Federal
participation in the cost of protecting the shores of publicly owned
property'', approved August 13, 1946 (33 U.S.C. 426d), is amended by
adding at the end the following: ``In making determinations under this
subsection, the Secretary shall consider a publicly owned shore with
insufficient public access (as determined in accordance with rules
issued by the Secretary) to be a privately owned shore.''.
(b) Cost Sharing.--Section 103(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(d)) is amended by adding at the
end the following:
``(3) Privately owned shores defined.--In this subsection,
the term `privately owned shores' includes a publicly owned
shore with insufficient public access, as determined in
accordance with rules issued by the Secretary.''.
(c) Rules.--The Secretary of the Army shall issue rules to carry
out the amendments made by this subsection. In issuing such rules, the
Secretary shall seek to ensure public access to every one-half mile of
publicly owned shore for which assistance is provided by the Secretary.
The Secretary may allow for exceptions to such access requirements in
cases of shores located in areas of extreme environmental sensitivity.
SEC. 5. BEACH NOURISHMENT ACCOUNT.
(a) Establishment.--There is established in the Treasury a separate
account to be known as the Beach Nourishment Account (in this section
referred to as the ``account''), which shall consist of such funds as
may be deposited or credited to the account under this section.
(b) Source of Funds for Account.--For fiscal year 2001 and each
fiscal year thereafter, the Secretary of the Treasury shall
periodically transfer to the account amounts equivalent to 2 percent of
the funds deposited in the general fund of the Treasury under section 9
of the Outer Continental Shelf Lands Act (43 U.S.C. 1338).
(c) Use of Account.--Funds in the account shall be available
without further appropriation--
(1) in the amounts specified in section 6, to the Secretary
of Commerce and the Administrator of the National Aeronautics
and Space Administration to carry out the pilot program
authorized by section 6; and
(2) in the amounts remaining after funds are made available
under paragraph (1), to the Secretary of the Army to carry out
projects for beach nourishment, shore protection, and beach
erosion control;
Funds in the account shall remain available until expended.
(d) Applicability of Requirements.--The Secretary of the Army shall
carry out beach nourishment, shore protection, and beach erosion
control projects using amounts in the account in accordance with the
cost-sharing requirements under section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213) and other requirements
applicable to such projects.
(e) Reporting of Transactions.--Receipts, obligations, and
expenditures of funds in the account shall be reported in annual
estimates submitted to Congress by the Secretary of the Army.
(f) Investment.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the account established by subsection (a) as is
not, in the judgment of the Secretary, required to meet current
withdrawals. Such investments may be made only in interest-
bearing obligations of the United States. For such purpose,
such obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(2) Sale of obligations.--Any obligation acquired by the
account may be sold at the market price.
(3) Interest on certain proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the account shall be credited to and form part of the
account.
SEC. 6. COMPREHENSIVE OCEAN OBSERVING SYSTEM PILOT PROGRAM.
(a) In General.--The Secretary of Commerce (acting through the
Under Secretary for Oceans and Atmosphere) and the Administrator of the
National Aeronautics and Space Administration shall jointly carry out a
pilot program to institute the mission of the Global Ocean Observing
System in the United States by establishing a comprehensive monitoring
network of ocean conditions.
(b) Partnerships.--In carrying out the pilot program, the Secretary
and the Administrator shall enter into partnerships with local and
regional interests to monitor and collect the widest range of data
possible about the coastal oceans and inland waterways in order to make
such information available to interested persons in real time or near
real time.
(c) Information To Be Collected.--Information collected under the
pilot program shall include the following:
(1) Wave heights, periods, swell direction and water
temperature.
(2) Coastal currents and their directions.
(3) Large mammal movement via implanted sensors.
(4) Sewage outfall movement.
(5) Water quality, such as bacteria counts, sediment
movement, and red tides.
(6) Beaconed fishing boat tracking (for tracking illegal
foreign whalers).
(7) Oil spill tracking.
(8) Beach erosion data.
(9) Weather.
(10) River mouth outflow sediment observation.
(11) Global Information System coastal mapping.
(d) Federal Cooperation.--The Secretary and the Administrator shall
carry out the pilot project in cooperation with the Geological Survey,
the Navy, and the Environmental Protection Agency.
(e) Regional Test Projects.--In carrying out the pilot program, the
Secretary and the Administrator shall establish 2 regional test
projects. One of the test projects shall be located at the Southern
California Bight from Encinitas, Mexico, to Point Dume, California,
with Orange County, California, serving as the focal point. The second
test project shall be carried out at a location to be determined by the
Secretary and the Administrator.
(f) Coordination of Existing Efforts.--In carrying out the pilot
program, the Secretary and the Administrator shall not replace or
duplicate existing efforts of Federal, State, and local entities in
monitoring ocean conditions, but shall seek to coordinate such efforts
and to obtain information that is not currently collected.
(g) Authorization of Appropriations.--
(1) In general.--There shall be available from the Beach
Nourishment Account established by section 5 $4,000,000 for
each of fiscal years 2001 through 2006 to carry out this
section.
(2) Allocation.--Of the amounts made available under
paragraph (1), $2,000,000 per fiscal year shall be available
for carrying out each of the 2 regional test projects referred
to in subsection (e). | Amends the Federal Water Pollution Control Act to direct a Federal agency found to have violated the Act in connection with the discharge or runoff of pollutants into U.S. coastal waters and ordered to undertake a supplemental environmental program in lieu of paying fines to be given the option of constructing artificial reefs and undertaking aquatic habitat restoration projects.
Requires the Secretary of the Army, in determining which shores other than public will be eligible for Federal assistance for shore protection, to consider a publicly owned shore with insufficient public access to be a privately owned shore.
Amends the Water Resources Development Act of 1986 to allow a publicly owned shore with insufficient public access to be considered a privately owned shore for purposes of costs of constructing projects or measures for beach erosion control and water quality enhancement assigned to projects for flood control and other water resources purposes.
Directs the Secretary of Commerce and the Administrator of the National Aeronautics and Space Administration to carry out a comprehensive ocean observing system pilot program. Requires the establishment of two regional test projects, one of which shall be located at the Southern California Bight from Encinitas, Mexico, to Point Dume, California, with Orange County, California, serving as the focal point.
Establishes a beach nourishment account in the Treasury to carry out: (1) such pilot program; and (2) projects for beach nourishment, shore protection, and beach erosion control. | {"src": "billsum_train", "title": "Coastal Resources Enhancement and Restoration Act of 2000"} | 1,802 | 305 | 0.566462 | 1.793878 | 0.837486 | 4.590909 | 6.106061 | 0.924242 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Utility Holding Company Act
of 1996''.
TITLE I--REPEAL OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
SEC. 101. PURPOSE.
(a) The Public Utility Holding Company Act of 1935 was intended to
facilitate the work of State and Federal regulators by placing certain
constraints on the activities of holding company systems. Developments
since 1935, including changes in other regulation and in the industry
itself, have called into question the continued relevance of the model
of regulation established by the statute.
(b) There is, however, a continuing need for limited Federal
regulation in this area to ensure the rate protection of utility
consumers. The Public Utility Holding Company Act of 1996 is intended
to eliminate unnecessary regulation, yet still provide for consumer
protection by providing for State commission access to books and
records of all companies in a holding company system, and for Federal
audit authority and oversight of affiliate transactions, to the extent
that such activities affect rates, while, at the same time, affording
companies the flexibility required to compete in today's energy
markets.
SEC. 102. REPEAL OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935.
The Public Utility Holding Company Act of 1935, as amended, is
hereby repealed, effective one year from the date of enactment of this
Act.
TITLE II--ENACTMENT OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1996
SEC. 201. PURPOSE.
Limited Federal regulation is necessary to supplement the work of
State commissions for the continued rate protection of electric and gas
utility consumers. This Act is intended to address these concerns by
providing for Federal and State access to books and records of all
companies in a holding company system and for federal oversight of
affiliate transactions, to the extent that such activities affect
rates.
SEC. 202. DEFINITIONS.
(a) When used in this title:
(1) ``Person'' means an individual or company.
(2) ``Company'' means a corporation, joint stock company,
partnership, association, business trust, organized group of
persons, whether incorporated or not, or a receiver or
receivers, trustee or trustees of any of the foregoing.
(3) ``Electric utility company'' means any company that
owns or operates facilities used for the generation,
transmission, or distribution of electric energy for sale.
(4) ``Gas utility company'' means any company that owns or
operates facilities used for distribution at retail (other than
the distribution only in enclosed portable containers) of
natural or manufactured gas for heat, light or power.
(5) ``Public utility company'' means an electric utility
company or gas utility company but does not mean a qualifying
facility as defined in the Public Utility Regulatory Policies
Act of 1992, or an exempt wholesale generator or a foreign
utility company defined by the Energy Policy Act of 1992.
(6) ``Holding company'' means (A) any company that directly
or indirectly owns, controls, or holds with power to vote, 10
percent or more of the outstanding voting securities of a
public utility company or of a holding company of any public
utility company; and (B) any person, determined by the
Commission, after notice and opportunity for hearing, to
exercise directly or indirectly (either alone or pursuant to an
arrangement or understanding with one or more persons) such a
controlling influence over the management or policies of any public
utility or holding company as to make it necessary or appropriate for
the protection of consumers with respect to rates that such person be
subject to the obligations, duties, and liabilities imposed in this
title upon holding companies.
(7) ``Subsidiary company'' of a holding company means (A)
any company 10 percent or more of the outstanding voting
securities of which are directly or indirectly owned,
controlled, or held with power to vote, by such holding
company; and (B) any person the management or policies of which
the Commission, after notice and opportunity for hearing,
determines to be subject to a controlling influence, directly
or indirectly, by such holding company (either alone or
pursuant to an arrangement or understanding with one or more
other persons) so as to make it necessary for the protection of
consumers with respect to rates that such person be subject to
the obligations, duties, and liabilities imposed in this title
upon subsidiary companies of holding companies.
(8) ``Holding company system'' means a holding company
together with its subsidiary companies.
(9) ``Associate company'' of a company means any company in
the same holding company system with such company.
(10) ``Affiliate'' of a company means any company 5 percent
or more of whose outstanding voting securities are owned,
controlled, or held with power to vote, directly or indirectly,
by such company.
(11) ``Voting security'' means any security presently
entitling the owner or holder thereof to vote in the direction
or management of the affairs of a company.
(12) ``Commission'' means the Federal Energy Regulatory
Commission.
(13) ``State Commission'' means any commission, board,
agency, or officer, by whatever name designated, of a State,
municipality, or other political subdivision of a State that
under the law of such State has jurisdiction to regulate public
utility companies.
(b) No provision in this Act shall apply to, or be deemed to
include: (1) the United States, (2) a State or any political
subdivision of a State, (3) any foreign governmental authority not
operating in the United States, (4) any agency, authority, or
instrumentality of any of the foregoing, or (5) any officer, agent, or
employee of any of the foregoing acting as such in the course of his
official duty.
SEC. 203. EXEMPTIONS.
(a) The provisions of this Act shall not apply to any person
previously exempted, by rule or order, from regulation under the Public
Utility Holding Company Act of 1935 and such person shall continue to
be exempted from the provisions of this Act: Provided, That the
Commission may institute proceedings to terminate such exemption if the
termination of such exemption would be necessary for regulating the
rates of a public utility company and necessary for the protection of
consumers.
(b) The Commission, by rules and regulations, or by order upon
application, may conditionally or unconditionally exempt any person or
transaction, or any class or classes of persons or transactions, from
any provision or provisions of this title or of any rule or regulation
thereunder, if the Commission finds that regulation of such person or
transaction is not relevant to the rates of a public utility company;
in considering whether to grant such an exemption, the Commission shall
consult with the affected State commissions.
SEC. 204. FEDERAL ACCESS TO BOOKS AND RECORDS.
(a) Every holding company and subsidiary company thereof shall
maintain, and make available to the Commission, such books, records,
accounts, and other documents as the Commission deems relevant to costs
incurred by a public utility company that is an associate company
of such holding company and necessary or appropriate for the protection
of consumers with respect to rates.
(b) Every affiliate of a holding company or of any subsidiary
company thereof shall maintain, and make available to the Commission,
such books, records, accounts, and other documents with respect to any
transaction with another affiliate, as the Commission deems relevant to
costs incurred by a public utility company that is an associate company
of such holding company and necessary or appropriate for the protection
of consumers with respect to rates.
(c) The Commission may examine the books and records of any company
in a holding company system, or any affiliate thereof, as the
Commission deems relevant to costs incurred by a public utility company
within such holding company system and necessary or appropriate for the
protection of consumers with respect to rates.
(d) No member, officer, or employee of the Commission shall divulge
any fact or information that may come to his knowledge during the
course of examination of books, accounts, or other information as
hereinbefore provided, except insofar as he may be directed by the
Commission or by a court.
SEC. 205. STATE ACCESS TO BOOKS AND RECORDS.
(a) Upon the written request of a State commission having
jurisdiction to regulate a public utility company in a holding company
system, and subject to such terms and conditions as may be necessary
and appropriate to safeguard against unwarranted disclosure to the
public of any trade secrets or sensitive commercial information, a
holding company or its associate company or affiliate thereof, wherever
located, shall produce for inspection such books and records as have
been identified in reasonable detail in a proceeding before the State
commission, are relevant to costs incurred by such public utility
company and are necessary for the effective discharge of the State
commission's responsibilities with respect to such proceeding.
(b) Nothing in this section shall preempt applicable State law
concerning the provision of records and other information, or in any
way limit a State's rights to obtain books and records and other
information under Federal law, contract, or otherwise.
SEC. 206. AFFILIATE TRANSACTIONS.
Nothing in this Act shall preclude the Commission or a State
commission from exercising its jurisdiction under otherwise applicable
law to determine whether a public utility company may recover in rates
any costs of an activity performed by an associate company, or any
costs of goods or services acquired by such public utility company from
an associate company.
SEC. 207. EFFECT ON OTHER REGULATION.
Nothing in this Act shall preclude a State commission from
exercising its jurisdiction under otherwise applicable law to protect
utility consumers.
SEC. 208. ENFORCEMENT.
The Commission shall have the same powers as set forth in Sections
306 through 317 of the Federal Power Act (16 U.S.C. 825d-825p) to
enforce the provisions of this Act.
SEC. 209. SAVINGS PROVISION.
Nothing in this Act prohibits a person from engaging in activities
in which it is legally engaged or authorized to engage on the effective
date of the Public Utility Holding Company Act of 1996, provided that
it continues to comply with the terms of any authorization, whether by
rule or by order.
SEC. 210. IMPLEMENTATION.
The Commission shall promulgate regulations necessary or
appropriate to implement this Act not later than one year after the
date of the enactment of this title.
SEC. 211. RESOURCES.
All books and records that relate primarily to the function hereby
vested in the Commission shall be transferred from the Securities and
Exchange Commission to the Commission. It is the sense of the Congress
that, subject to the approval of the Director of the Office of
Management and Budget and the Chairman of the Securities and Exchange
Commission all personnel of the Office of Public Utility Regulation of
the Securities and Exchange Commission as of the date of enactment of
this title should be transferred to the Commission.
SEC. 212. EFFECTIVE DATE.
This Act shall take effect one year after the date of enactment.
SEC. 213. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, shall be held invalid, the remainder of
the Act, and the application of such provision to persons or
circumstances other than those as to which it is held invalid, shall
not be affected thereby.
TITLE III--CONFORMING CHANGES TO OTHER STATUTES
SEC. 301. FEDERAL POWER ACT.
Section 318 of the Federal Power Act (16 U.S.C. 285g) if hereby
repealed. | TABLE OF CONTENTS:
Title I: Repeal of the Public Utility Holding Company Act of
1935
Title II: Enactment of the Public Utility Holding Company
Act of 1996
Title III: Conforming Changes to Other Statutes
Public Utility Holding Company Act of 1996 -
Title I: Repeal of the Public Utility Holding Act of 1935
- Repeals the Public Utility Holding Company Act of 1935 (PUHCA).
Title II: Enactment of the Public Utility Holding Company Act of 1996
- Declares that this Act does not apply to persons previously exempted from regulations under the PUHCA. Authorizes the Federal Energy Regulatory Commission (FERC) to institute proceedings to terminate any such exemption if termination would be necessary for regulating the rates of a public utility company and for protecting consumers.
Empowers FERC to exempt any person or transaction from this title if it finds that regulation of such person or transaction is irrelevant to the rates of a public utility company.
Prescribes procedural guidelines for both FERC and State access to holding company records (including subsidiaries and affiliates).
Retains the jurisdiction of FERC and State commissions to determine whether a public utility company may recover in rates any costs of affiliate transactions. Grants FERC certain Federal Power Act enforcement powers.
Transfers from the Securities and Exchange Commission (SEC) to FERC all resources that relate primarily to the functions vested in FERC by this Act.
Expresses the sense of the Congress that all personnel of the Office of Public Utility Regulation of the SEC should be transferred to FERC.
Title III: Conforming Changes to Other Statutes
- Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines. | {"src": "billsum_train", "title": "Public Utility Holding Company Act of 1996"} | 2,544 | 384 | 0.551142 | 1.779582 | 0.801897 | 3.734568 | 7.438272 | 0.839506 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Cuba Trademark
Protection Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Trademarks and trade names are vital assets of the many
United States companies that engage in international trade.
(2) Worldwide sales of branded products of United States
companies contribute in important ways to the livelihood of
American workers and the well-being and continued healthy
growth of numerous United States businesses. These sales
depend, in turn, on the security of the United States
trademarks and trade names protected by reciprocal treaties and
agreements for the protection of intellectual property.
(3) Among such treaties and agreements are the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
of the World Trade Organization, the Inter-American Convention
for Trademark and Commercial Protection, and the Madrid
Protocol.
(4) The United States should ensure that the trademark and
trade names of United States companies continue to be protected
abroad by working to ensure that countries comply with
intellectual property rights treaties and agreements. At the
same time, the United States should adhere to its obligations
under such treaties and agreements.
(5) Hundreds of United States companies have registered
their trademarks in Cuba in order to ensure the exclusive right
to use those trademarks when the United States trade embargo on
that country is lifted. Indeed, following the enactment of the
Trade Sanctions Reform and Export Enhancement Act of 2000, many
United States companies are already exporting branded food
products to Cuba.
(6) The United States District Court for the Southern
District of New York ruled that section 211 of the Department
of Commerce and Related Agencies Appropriations Act, 1999
abrogates, with respect to Cuba, the Inter-American Convention
on Trademarks and Commercial Protection, and the court's ruling
was affirmed by the United States Court of Appeals for the
Second Circuit.
(7) Cuba's international remedy under customary
international law, as codified by Article 60 of the 1969 Vienna
Convention on Treaties, for a breach by the United States of
the Inter-American Convention, is to suspend or revoke the
protections Cuba currently affords United States trademarks and
trade names.
(8) In order to preserve the rights of United States
nationals holding trademarks in Cuba, the United States must
repeal section 211 of the Department of Commerce and Related
Agencies Appropriations Act, 1999, and should take the
necessary steps to promote the long-term protection of
trademarks, trade names, and domain names held by United States
nationals in that country.
(9) The recent actions by the Government of Cuba to
prosecute and imprison unfairly critics of the government are
unacceptable and should be met with strong condemnation.
(10) Promoting greater respect for the rule of law in Cuba,
including through the provisions of this Act, will it is hoped
diminish the likelihood for actions taken in the future that
undermine operation of the rule of law or disregard fundamental
fairness in administrative and juridical proceedings.
(b) Purpose.--The purpose of this Act is to promote global
intellectual property rights protections by ensuring that the United
States and the Republic of Cuba continue to comply with their
obligations under international trademark agreements and
understandings.
SEC. 3. ADHERENCE TO INTERNATIONAL AGREEMENTS AND UNDERSTANDINGS.
(a) Consultations With Cuba.--The President shall direct the
Secretary of State to initiate consultations with the Republic of Cuba
not later than December 31, 2003, in order to obtain assurances that
the Republic of Cuba will--
(1) continue to adhere to--
(A) the Paris Convention for the Protection of
Industrial Property;
(B) the Inter-American Convention for Trademark and
Commercial Protection; and
(C) the Madrid Agreement Concerning the
International Registration of Marks and Protocol
Relating to the Madrid Agreement Concerning the
International Registration of Marks;
(2) implement the Joint Recommendation Concerning
Provisions on the Protection of Well-Known Marks adopted by the
General Assembly of the World Intellectual Property
Organization (Pub 833 E) in September 1999; and
(3) commit that the manager of the Country-Code Top-Level
Domain (ccTLD) will subscribe to the Uniform Dispute Resolution
Procedure (UDRP) approved by the Internet Corporation for
Assigned Names and Numbers (ICANN) and provide to United States
nationals nondiscriminatory access to such procedures.
(b) Consultation With Secretary of Commerce.--The Secretary of
State shall initiate and conduct the consultations under subsection (a)
in consultation with the Secretary of Commerce.
(c) Reports to Congress.--The Secretary of State and the Secretary
of Commerce shall submit to the Congress a report on the progress and
results of the consultations under subsection (a) not later than 6
months after the date of the enactment of this Act and not later than
every 6 months thereafter.
(d) Repeal of Prohibition on Transactions or Payments With Respect
to Certain United States Intellectual Property.--
(1) Repeal.--Section 211 of the Department of Commerce and
Related Agencies Appropriations Act, 1999 (as contained in
section 101(b) of division A of Public Law 105-277; 112 Stat.
2681-88) is repealed.
(2) Regulations.--The Secretary of the Treasury shall issue
such regulations as are necessary to carry out the repeal made
by paragraph (1), including removing any prohibition on
transactions or payments to which subsection (a)(1) of section
211 of the Department of Commerce and Related Agencies
Appropriations Act, 1999 applied.
SEC. 4. REGISTRY OF U.S. TRADEMARKS AND WELL-KNOWN MARKS IN CUBA.
(a) Registry of U.S. Trademarks.--Not later than December 31, 2003,
the Director of the Patent and Trademark Office shall establish a
registry of trademarks each of which is owned by a United States
national and was registered in, or submitted for registration to, the
Republic of Cuba on or after January 1, 1959.
(b) Registry of well-known marks.--
(1) Establishment.--Not later than December 31, 2003, the
Director of the Patent and Trademark Office shall establish a
registry of trademarks each of which is owned by a United
States national and met the requirements for a well-known mark
in the Republic of Cuba under Article 6bis of the Paris
Convention for the Protection of Industrial Property as of
December 31, 1958, and the Joint Recommendation Concerning
Provisions on the Protection of Well-Known Marks adopted by the
General Assembly of the World Intellectual Property Association
(Pub 833 E) in September 1999.
(2) Requirements for inclusion on registry.--The Director
of the Patent and Trademark Office shall require any applicant
seeking to register a well-known mark on the registry
established under paragraph (1) to supply documentation to
establish that the mark met the requirements set forth in
paragraph (1).
(c) Accessibility.--The Director of the Patent and Trademark Office
shall ensure that each registry established under subsections (a) and
(b)--
(1) is accessible to the public through the Internet;
(2) allows trademark examiners and applicants seeking to
register trademarks on the registry to send and receive
communications electronically;
(3) allows the United States Patent and Trademark Office to
process, maintain, and search electronically the contents and
history of each application to register a trademark, and
trademark registration, included in the registry; and
(4) allows the public to access and search electronically
the contents and history of each such application and trademark
registration.
SEC. 5. AMENDMENTS TO CUBAN ASSET CONTROL REGULATIONS.
The Secretary of the Treasury shall amend the Cuban Assets Control
Regulations (part 515 of title 31, Code of Federal Regulations) so
that--
(1) the following transactions by any person who is not a
designated national are authorized:
(A) the filing and renewal of a blocked foreign
domain name, the transfer or receipt of a blocked
foreign domain name, and the filing and prosecution of
proceedings to determine rights to a blocked foreign
domain name and the prosecution of defenses to such
proceedings; and
(B) the filing and renewal of a blocked foreign
trade name, the transfer or receipt of a blocked
foreign trade name, and the filing and prosecution of
proceedings related to a blocked foreign trade name and
the prosecution of defenses to such proceedings;
(2)(A) the transfer or receipt of any trademark, trade
name, or domain name subject to United States law in which a
designated national has an interest is authorized; and
(B) the filing and prosecution of opposition and
infringement proceedings related to any trademark or trade name
in which a designated national has an interest, the filing and
prosecution of proceedings to determine rights to any domain
name in which a designated national has an interest, and the
prosecution of defenses to such proceedings, are authorized;
and
(3) the payment of fees to the government of any foreign
country, either directly or through an attorney or
representative, is authorized for research of registries,
directories, and government records with respect to blocked
foreign trademarks, blocked foreign trade names, or blocked
foreign domain names, and the protection and enforcement
thereof.
SEC. 6. CONFORMING AMENDMENTS.
(a) International Conventions.--Section 44 of the Trademark Act of
1946 (15 U.S.C. 1126) is amended by adding at the end the following:
``(j)(1) Any designated national shall be entitled to the benefits
of this Act to the extent necessary to give effect to any provision of
any convention or treaty relating to trade or commercial names, or
relating to the repression of unfair competition, to which the United
States and the Republic of Cuba are parties, or to any reciprocal
rights relating to trade or commercial names or the repression of
unfair competition, that are extended by the Republic of Cuba to
nationals of the United States by law. The absence of commercial
activities within the United States shall not constitute a lack of
standing or any other reason for the dismissal of any action brought by
any such designated national pursuant to this subsection.
``(2) No other provision of this section shall be construed to
limit the applicability of paragraph (1).
``(3) As used in this subsection, the term `designated national'
has the meaning given that term in subpart C of part 515 of title 31,
Code of Federal Regulations, as in effect on April 28, 2003, and
includes any national of a foreign country that is a successor-in-
interest to that designated national.''.
(b) Civil Actions.--Section 43(a) of the Trademark Act of 1946 (15
U.S.C. 1125(a)) is amended by adding at the end the following:
``(4)(A) For purposes of this subsection, any person who is engaged
in the bona fide production, distribution, marketing, or sale of
spirits outside the United States and who lawfully uses a mark or
geographical indication in connection with such spirits shall be
considered to be or likely to be damaged by a mark or geographical
indication--
``(i) which, when used on or in connection with other
spirits, identifies a place other than origin of such other
spirits; and
``(ii) of which the first use in commerce on or in
connection with such other spirits was made on or after one
year after the date on which the WTO Agreement (as defined in
section 2(9) of the Uruguay Round Agreements Act) entered into
force with respect to the United States.
The preceding sentence shall also apply to any person in any proceeding
under section 13 or 14 of this Act.
``(B) As used in this paragraph, the term `spirits' means any
article provided for in heading 2207 or 2208 of the Harmonized Tariff
Schedule of the United States.''.
SEC. 7. AUTHORITY OF COURTS.
United States courts shall have the authority to recognize,
enforce, or otherwise validate any assertion by a designated national
of rights in any mark or trade name based on common law rights or
registration or under subsection (b) or (e) of section 44 of the
Trademark Act of 1946. In this subsection, the term ``designated
national'' includes any national of a foreign country that is a
successor-in-interest to that designated national.
SEC. 8. DEFINITIONS.
In this Act:
(1) Blocked foreign domain name.--The term ``blocked
foreign domain name'' means a domain name in which a designated
national has an interest, including any domain name issued by a
designated national.
(2) Blocked foreign trade name.--The term ``blocked foreign
trade name'' means any trade name in which a designated
national has an interest, including any such trade name issued
by a designated national.
(3) Blocked foreign trademark.--The term ``blocked foreign
trademark'' has the meaning given that term in section
515.528(c) of title 31, Code of Federal Regulations, as in
effect on April 28, 2003.
(4) Designated national.--The term ``designated national''
has the meaning given that term in subpart C of part 515 of
title 31, Code of Federal Regulations, as in effect on April
28, 2003.
(5) Director of the patent and trademark office.--The term
``Director of the Patent and Trademark Office'' means the Under
Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
(6) Domain name; mark; trademark.--The terms ``domain
name'', ``mark'', and ``trademark'' have the meanings given
those terms in section 45 of the Trademark Act of 1946.
(7) Interest.--The term ``interest'' has the meaning given
that term in section 515.312 of title 31, Code of Federal
Regulations, as in effect on April 28, 2003.
(8) Trademark act of 1946.--The term ``Trademark Act of
1946'' means the Act entitled ``An Act to provide for the
registration and protection of trademarks 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.).
(9) Trade name.--The term ``trade name'' means a trade name
or commercial name as those terms are defined in section 45 of
the Trademark Act of 1946.
(10) United states national.--The term ``United States
national'' means--
(A) any United States citizen; or
(B) any other legal entity which is organized under
the laws of the United States, or of any State, the
District of Columbia, or any commonwealth, territory,
or possession of the United States, and which has its
principal place of business in the United States. | United States-Cuba Trademark Protection Act of 2003 - Requires the President to direct the Secretary of State to obtain assurances that the Republic of Cuba will: (1) adhere to specified international agreements for the protection of intellectual property; (2) implement the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks; and (3) subscribe to dispute resolution procedures approved by the Internet Corporation for Assigned Names and Numbers.
Repeals provisions of the Department of Commerce and Related Agencies Appropriations Act, 1999 prohibiting certain transactions, payments, or U.S. court recognition with respect to confiscated marks, trade names, or commercial names.
Requires the Director of the Patent and Trademark Office to establish an electronic and publicly accessible registry of U.S. trademarks and well-known marks in Cuba.
Amends the Cuban Assets Control Regulations to authorize: (1) specified transactions and proceedings regarding blocked foreign domain and trade names by any person who is not a designated national; (2) the transfer or receipt of any trademark, trade name, or domain name subject to U.S. law in which a designated national has an interest, as well as related proceedings; and (3) the payment of fees to foreign governments for research with respect to blocked foreign trademarks, trade names, and domain names, and related enforcement.
Makes conforming amendments to the Trademark Act of 1946.
Gives U.S. courts authority to validate any assertion by a designated national of rights in any mark or trade name based on common law rights or registration under specified provisions of the Trademark Act. | {"src": "billsum_train", "title": "To improve and promote compliance with international intellectual property obligations relating to the Republic of Cuba, and for other purposes."} | 3,233 | 339 | 0.58841 | 1.859705 | 0.674535 | 4.885522 | 10.239057 | 0.946128 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Manufacturing Extension Partnership services are
available in all 50 States and at 392 locations.
(2) The Manufacturing Extension Partnership delivers
critical services to small and midsized manufacturers,
providing access to public and private resources that enhance
growth, improve productivity, and expand capacity.
(3) The Manufacturing Extension Partnership helps
manufacturers position themselves as strong long-term
competitors in domestic and international markets.
(4) Of the 7 million jobs lost in the recession as of
February 2009, over 2 million were from the manufacturing
sector, and the Manufacturing Extension Partnership reported
creating or retaining over 57,000 manufacturing jobs in the
most recent surveyed year.
(5) The Manufacturing Extension Partnership has delivered
$1.44 billion in cost savings annually and $10.5 billion in
increased or retained sales in a single year.
(6) Every dollar contributed by the Federal Government to
the Manufacturing Extension Partnership is matched 2-to-1 by
State and local governments and participating manufacturers.
(7) The recession has strained many State budgets, and 23
State Manufacturing Extension Partnership Centers reported a
decrease or elimination of State funding in 2009.
(8) When a State decreases or eliminates funding for the
Manufacturing Extension Partnership, the cost-share burden is
shifted to small manufacturers who are unlikely to be able to
afford increased contributions during an economic downturn, and
the availability of Manufacturing Extension Partnership
services is jeopardized.
(9) A reduction in the matching requirement for
participants in the Manufacturing Extension Partnership will
greatly alleviate the burden on State budgets and small
manufacturers and preserve the Manufacturing Extension
Partnership's ability to provide critical services to small
manufacturers and create much-needed jobs in the manufacturing
sector.
SEC. 2. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP PROGRAM.
Section 25(c) of the National Institute of Standards and Technology
Act (15 U.S.C. 278k(c)) is amended--
(1) in paragraph (1), by inserting ``, unless otherwise
determined under paragraph (3)(C)'' before the period at the
end;
(2) in paragraph (3)--
(A) in subparagraph (B)--
(i) by striking ``not less than 50 percent
of the costs incurred for the first 3 years and
an increasing share for each of the last 3
years'' and inserting ``the applicant's share
of the costs incurred (in this subsection
referred to as `cost share')''; and
(ii) by striking ``For purposes of the
preceding sentence, the'' and inserting
``The'';
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) The Secretary shall by rule establish
appropriate criteria to be considered in determining a
Center's cost share. A Center's cost share shall in no
case exceed 50 percent of the costs incurred by such
Center. The Secretary shall review each Center's cost
share annually and at such other times as the Secretary
considers appropriate. An adjustment to a Center's cost
share in a year shall not affect the amount of Federal
funds such Center receives in such year.''; and
(D) in subparagraph (D), as redesignated by
subparagraph (B)--
(i) by striking ``50 percent'' and
inserting ``cost share''; and
(ii) by striking ``Center's contribution''
and inserting ``Center's cost share''; and
(3) in paragraph (5)--
(A) in the 6th sentence, by striking ``at declining
levels''; and
(B) in the last sentence--
(i) by striking ``Funding'' and inserting
``Unless otherwise determined under paragraph
(3)(C), funding''; and
(ii) by striking ``one third'' and
inserting ``50 percent''. | Amends the National Institute of Standards and Technology Act to reduce the matching funds requirement for participants in the Hollings Manufacturing Extension Partnership Program (providing services to small and mid-sized manufacturers) from not less than 50% of the costs incurred for the first three years and an increasing share for each of the last three years to no more than 50% of the costs incurred by a participating Regional Center for the Transfer of Manufacturing Technology. Directs the Secretary of Commerce to establish criteria to determine a Center's cost share. | {"src": "billsum_train", "title": "To authorize the Secretary of Commerce to reduce the matching requirement for participants in the Hollings Manufacturing Extension Partnership Program."} | 864 | 110 | 0.53363 | 1.626346 | 0.884515 | 3.343434 | 8.363636 | 0.858586 |
SECTION 1. MUSIC LICENSE FEES.
Section 110(5) of title 17, United States Code, is amended to read
as follows:
``(5) communication within a commercial establishment of a
transmission embodying a performance or display of a work by
the reception of a broadcast, cable, satellite, or other
transmission, if communicated--
``(A) in an area within the establishment where a
transmission is intended to be received by the general
public that is smaller than 5,000 square feet;
``(B) within an establishment whose gross annual
income does not exceed 20 percent of the gross annual
income of a small business under the applicable
Standard Industrial Code as defined by the Small
Business Administration;
``(C) by means of 10 or fewer loudspeakers, not
including speakers in audiovisual devices; or
``(D) by means of speakers in audiovisual devices
only,
if no direct charge is made to see or hear the transmission,
the reception of the transmission is authorized, and the
transmission or retransmission is not further transmitted to
the public beyond the premises of the retail establishment;''.
SEC. 2. ARBITRATION BETWEEN GENERAL MUSIC USERS AND PERFORMING RIGHTS
SOCIETIES; AVAILABILITY OF REPERTOIRE.
(a) Arbitration.--
(1) In general.--Chapter 1 of title 17, United States Code,
is amended by adding after section 120 the following new
section:
``Sec. 121. Arbitration between general music users and performing
rights societies; availability of repertoire
``(a) Arbitration.--
``(1) In general.--Any controversy or dispute arising out
of or related to the appropriate fee to be paid for the user's
past or future performance of nondramatic musical works in the
repertoire of the performing rights society shall be settled by
arbitration administered by the American Arbitration
Association under its Commercial Arbitration Rules, and
judgment on the award may be rendered by the arbitrators may be
entered in any court having jurisdiction thereof.
``(2) Findings.--The arbitrator's findings shall be
confidential and shall not provide any precedent for the
determination of rates, except as to the parties involved.
``(3) Duration of determination.--In any arbitration
proceeding initiated under this subsection, the arbitrator's
determination of a fair and reasonable license fee for the
performance of nondramatic musical works in the repertoire of
the performing rights society shall apply for a period of not
less than 3 years nor more than 5 years after the date of the
arbitrator's determination.
``(b) Access to Licensing Information and Repertoire.--
``(1) In general.--Performing rights societies shall make
available, free of charge, to all interested persons, online
computer access to copyright and licensing information for each
nondramatic musical work in its repertoire which is published
or performed, without regard to whether the work is identified
in the society's survey of music use. Such information shall,
for each such nondramatic musical work, identify the work by
the title of the work; the name of the writer; the name,
address, and telephone number of the publisher; when the work
will enter the public domain, if determinable; and the names of
any artists known by the society to have recorded the work, to
the extent such artist information is tracked by the society
for any purpose other than this section. Such online computer
access shall permit the efficient review of multiple musical
works consistent with reasonably available technology.
``(2) Directory.--Each performing rights society shall make
available at its reproduction cost, not including the cost of
maintaining the database or any other overhead, not less
frequently than semiannually, a printed directory or CD ROM
directory of each title in its repertoire, at the choice of the
music user, as of the date which is not more than 30 days
before the date on which the directory is published, containing
the information under paragraph (1).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 1 of title 17, United States Code, is
amended by adding after the item relating to section 120 the
following:
``121. Arbitration between general music users and performing rights
societies; availability of repertoire.''.
(b) Restrictions on Infringement Actions.--Section 504 of title 17,
United States Code, is amended by adding at the end thereof the
following new subsection:
``(d) Restrictions.--No fee for a license may be charged and no
action may be instituted, maintained, or supported by the society for
the public performance of a nondramatic musical work in a society's
repertoire, that is not identified and documented as required under
section 121, without regard to whether the nondramatic musical work has
been published or performed, if a good faith effort to search the
repertoire of the performing rights society as provided under section
121 has been made.''.
SEC. 3. RADIO PER PROGRAMMING PERIOD LICENSE.
Section 504 of title 17, United States Code, as amended by section
2 of this Act, is further amended by adding at the end thereof the
following new subsection:
``(f) Radio Per Programming Period License.--
``(1) In general.--Each performing rights society shall
offer, to any radio broadcaster that so requests, a per
programming period license to perform nondramatic musical works
in the repertoire of the performing rights society. Such
license shall be offered on reasonable terms and conditions
that provide an economically and administratively viable
alternative to the blanket license offered by the society to
radio broadcasters for all such broadcasters.
``(2) Price of per programming period license.--
``(A) The total price of a per programming period
license described under paragraph (1)--
``(i) shall include separate components for
incidental and feature performances, with the
incidental performance component to be
independent of the quantity of such
performances by the broadcaster and not to
exceed the relative value the performing rights
society assigns to such performances in its
distribution of royalties; and
``(ii) shall vary between the incidental
performance component, for a broadcaster that
makes only incidental performances of music in
the society's repertoire, and the fee that
would be payable under the blanket license
offered to radio broadcasters, in direct
proportion to the percentage of the
broadcaster's revenue attributable to
programming periods containing feature
performances of nondramatic musical works in
the society's repertoire compared to the
industry average percentage of revenue
attributable to programming periods containing
feature performances of such musical works.
``(B) A nondramatic musical work shall not be
considered in calculating any per programming period
license fee under this subsection, if the performance
of such work--
``(i) has been licensed directly, at the
source, or other than by the society; or
``(ii) constitutes fair use or is otherwise
exempt from liability under this title.
``(3) Administration of license.--Commencing on January 1,
1998, the performance of nondramatic musical works by a
broadcaster under any per programming period license shall be
determined on the basis of statistically reliable sampling or
monitoring by the performing rights society, and the society
may not require the broadcaster to report such performances to
the society. The society shall provide the broadcaster with a
report detailing the results of such sampling or monitoring,
identifying each programming period containing the performance
of nondramatic musical works in the society's repertoire and
the nondramatic musical works in the society's repertoire
performed during each such period.
``(4) Implementation.--Any radio broadcaster entitled to a
per programming period license under this subsection may bring
an action to require compliance with this subsection in an
appropriate United States district court, including any
district court established by court order or statute as a court
that resolves disputes, with respect to license rates, that may
arise between performing rights societies and persons who
perform musical works in the society's repertoire.
``(5) Definitions.--As used in this subsection--
``(A) the term `blanket license' means a license
provided by a performing rights society that authorizes
the unlimited performance of musical works in the
society's repertoire, for a fee that does not vary with
the quantity of performances of musical works in the
society's repertoire, or any other license with
comparable economic effect;
``(B) the term `incidental' as applied to
performances shall include commercial jingles not
exceeding 60 seconds in duration, bridges, themes or
signatures, arrangements of works in the public domain,
and background music, including music used in
conjunction with sporting events; and
``(C) the term `programming period' means any 15
minute period of radio broadcasting commencing on the
hour, or at 15, 30, or 45 minutes past the hour.''.
SEC. 4. RELIGIOUS SERVICE EXEMPTION.
Section 110(3) of title 17, United States Code, is amended by
inserting after ``religious assembly'' the following: ``the
transmission of such services, whether live or recorded, or the
recording of copies or phonorecords of a transmission program embodying
such services in their entirety, if there is no commercial
advertisement or commercial sponsor within the program.''.
SEC. 5. CONFORMING AMENDMENTS RELATING TO DEFINITIONS.
(a) Performing Rights Society.--Section 101 of title 17, United
States Code, is amended by inserting after the undesignated paragraph
relating to the definition of ``perform'' the following:
``A `performing rights society' is an association,
corporation, or other entity that licenses the public
performance of nondramatic musical works on behalf of copyright
owners of such works, such as the American Society of
Composers, Authors, and Publishers, Broadcast Music, Inc., and
SESAC, Inc. The repertoire of a performing rights society
consists of those works for which the society provides licenses
on behalf of the owners of copyright in the works.''.
(b) General Music User.--Section 101 of title 17, United States
Code, is amended by inserting after the undesignated paragraph relating
to the definition of ``fixed'' the following:
``A `general music user' is any person who performs musical
works publicly but is not engaged in the transmission of
musical works to the general public or to subscribers through
broadcast, cable, satellite, or other transmission. For
purposes of this paragraph, transmissions within a single
commercial establishment or within establishments under common
ownership or control are not transmissions to the general
public.''.
(c) Loudspeaker.--Section 101 of title 17, United States Code, is
amended by inserting after the undesignated paragraph relating to the
definition of ``Literary works'' the following:
``A `loudspeaker' is any device or self contained
collection of devices that converts electronic signals to
audible sound.''. | Exempts from copyright infringement the communication within a commercial establishment of the transmission of a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission, if no direct charge is made to see or hear the transmission, its reception is authorized, and such transmission is not retransmitted to the public beyond such premises, and if communicated: (1) in an area where a transmission is intended to be received by the general public that is smaller than 5,000 square feet; (2) within an establishment whose gross annual income does not exceed 20 percent of the gross annual income of a small business as defined by the Small Business Administration; (3) by means of ten or fewer loudspeakers; or (4) by means of speakers in audiovisual devices only.
(Sec. 2) Requires any controversy or dispute arising out of the appropriate fee to be paid for the user's past or future performance of nondramatic musical works in the repertoire of a performing rights society (PRS) to be settled by arbitration administered by the American Arbitration Association. Outlines provisions: (1) requiring the confidentiality of arbitration findings; (2) limiting the length of time that the finding of an appropriate fee shall apply; (3) requiring a PRS to make available to all interested persons access to copyright and licensing information for each nondramatic musical work in its repertoire; and (4) requiring a PRS to make available a printed directory of each title in its repertoire. Provides restrictions for PRSs not in compliance with such requirements.
(Sec. 3) Requires each PRS to offer to any radio broadcaster that so requests a per programming period license (license) to perform nondramatic musical works in the repertoire of the PRS. Outlines provisions: (1) determining the price of each such license; (2) providing for the determination of the performance of nondramatic musical works by a broadcaster under any such license; and (3) enforcing a broadcaster's right to apply for and receive such a license.
(Sec. 4) Exempts from copyright infringement the transmission of religious services, or the recording of a program embodying such services in their entirety, if there is no commercial advertisement or commercial sponsor within such program.
(Sec. 5) Defines "performing rights society," "general music user," and "loudspeaker" for purposes of the copyright laws. | {"src": "billsum_train", "title": "A bill to amend title 17, United States Code, relating to the copyright interests of certain musical performances, and for other purposes."} | 2,395 | 532 | 0.752987 | 2.575333 | 0.739072 | 4.271368 | 4.754274 | 0.903846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Elections Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) for Congress to address the existing problems in the
Federal election laws, Congress must act in a nonpartisan
manner and engage in a debate based on academic studies and
empirical findings instead of partisan rhetoric;
(2) when addressing Federal election laws, Congress must be
cognizant of the freedoms of speech and association protected
under the Constitution; and
(3) the current Federal election laws unduly favor
incumbent Members of Congress, and, in previous years, Congress
has not been able to eliminate this bias when addressing the
reform of the Federal election laws.
SEC. 3. ESTABLISHMENT AND PURPOSE OF COMMISSION.
There is established a commission to be known as the ``Fair
Elections Commission'' (hereinafter in this Act referred to as the
``Commission''). The purposes of the Commission are to study the laws
relating to elections for Congress and to report and recommend
legislation to reform those laws.
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) Appointment.--The Commission shall be composed of 12 members
appointed within 15 days after the date of the enactment of this Act by
the President, by and with the advice and consent of the Senate, from
among individuals who are not incumbent Members of Congress and who are
specially qualified to serve on the Commission by reason of education,
training, or experience. In making appointments, the President shall
consult--
(1) the Speaker of the House of Representatives with
respect to the appointment of 3 members, one of whom is not
affiliated with either the Republican Party or the Democratic
Party;
(2) the majority leader of the Senate with respect to the
appointment of 3 members, one of whom is not affiliated with
either the Republican Party or the Democratic Party;
(3) the minority leader of the House of Representatives
with respect to the appointment of 2 members, one of whom is
not affiliated with either the Republican Party or the
Democratic Party; and
(4) the minority leader of the Senate with respect to the
appointment of 2 members, one of whom is not affiliated with
either the Republican Party or the Democratic Party.
(b) Chairman.--At the time of the appointment, the President shall
designate one member of the Commission as Chairman of the Commission.
The Chairman may not be affiliated with either the Republican Party or
the Democratic Party.
(c) Terms.--The members of the Commission shall serve for the life
of the Commission.
(d) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(e) Political Affiliation.--Not more than 4 members of the
Commission may be of the same political party.
SEC. 5. POWERS OF COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(b) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings. A majority of the full
Commission is required when approving all or a portion of the
recommended legislation. Any member of the Commission may, if
authorized by the Commission, take any action which the Commission is
authorized to take under this section.
SEC. 6. REPORT AND RECOMMENDED LEGISLATION.
Not later than 90 days after the date of the enactment of this Act,
the Commission shall submit to the Congress a report of the activities
of the Commission, together with a draft of legislation (including
technical and conforming provisions) recommended by the Commission to
reform the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)
and any other laws relating to elections for Congress.
SEC. 7. PRIMARY OBJECTIVES OF THE COMMISSION.
In formulating its draft of legislation under section 6, the
Commission shall consider the following to be its primary objectives:
(1) Encouraging fair and open Congressional elections that
provide voters with meaningful information about candidates and
issues.
(2) Eliminating the disproportionate influence of special
interest financing of Congressional elections.
(3) Creating a system in which incumbent Members of
Congress do not possess an inherent advantage over challengers.
SEC. 8. FAST-TRACK PROCEDURES.
(a) Rules of House of Representatives and Senate.--This section is
enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to such
House) at any time, in the same manner and to the same extent
as in the case of any other rule of that House.
(b) Definitions.--As used in this section, the term ``Federal
election bill'' means only a bill of either House of Congress which is
introduced as provided in subsection (c) to carry out the
recommendations of the Commission as set forth in the draft of
legislation referred to in section 6.
(c) Introduction and Referral.--Within 3 days after the Commission
submits its draft legislation under section 6, a Federal election bill
shall be introduced (by request) in the House by the majority leader of
the House and shall be introduced (by request) in the Senate by the
majority leader of the Senate. Such bills shall be referred to the
appropriate committees.
(d) Amendments Prohibited.--No amendment to a Federal election bill
shall be in order in either the House of Representatives or the Senate;
and no motion to suspend the application of this subsection shall be in
order in either House; nor shall it be in order in either House to
entertain a request to suspend the application of this subsection by
unanimous consent.
(e) Period for Committee and Floor Consideration.--
(1) If the committee of either House to which a Federal
election bill has been referred has not reported it at the
close of the 20th day after its introduction, such committee
shall be automatically discharged from further consideration of
the bill and it shall be placed on the appropriate calendar. If
prior to the passage by one House of a Federal election bill of
that House, that House receives the same Federal election bill
from the other House, then--
(A) the procedure in that House shall be the same
as if no Federal election bill had been received from
the other House; but
(B) the vote on final passage shall be on the
Federal election bill of the other House.
(2) For purposes of paragraph (1), in computing a number of
days in either House, there shall be excluded the days on which
that House is not in session because of an adjournment of more
than 3 days to a day certain or an adjournment of the Congress
sine die.
(f) Floor Consideration in the House.--
(1) A motion in the House of Representatives to proceed to
the consideration of a Federal election bill shall be highly
privileged except that a motion to proceed to consider may only
be made on the second legislative day after the calendar day on
which the Member making the motion announces to the House his
intention to do so. The motion to proceed to consider is not
debatable. An amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(2) Consideration of a Federal election bill in the House
of Representatives shall be in the House with debate limited to
not more than 10 hours, which shall be divided equally between
those favoring and those opposing the bill. The previous
question on the Federal election bill shall be considered as
ordered to final passage without intervening motion. It shall
not be in order to move to reconsider the vote by which a
Federal election bill is agreed to or disagreed to.
(3) All appeals from the decisions of the Chair relating to
the application of the Rules of the House of Representatives to
the procedure relating to a Federal election bill shall be
decided without debate.
(g) Floor Consideration in the Senate.--
(1) A motion in the Senate to proceed to the consideration
of a Federal election bill shall be privileged and not
debatable. An amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(2) Debate in the Senate on a Federal election bill, and
all debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours. The time shall be
equally divided between, and controlled by, the majority leader
and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal
in connection with a Federal election bill shall be limited to
not more than 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the bill, except
that in the event the manager of the bill is in favor of any
such motion or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control
on the passage of a Federal election bill, allot additional
time to any Senator during the consideration of any debatable
motion or appeal.
(4) A motion in the Senate to further limit debate is not
debatable. A motion to recommit a Federal election bill is not
in order.
SEC. 9. ADMINISTRATIVE PROVISIONS.
(a) Pay and Travel Expenses of Members.--(1) Each member of the
Commission, other than the Chairman, shall be paid at a rate equal to
the daily equivalent of the annual rate of basic pay payable for level
IV of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which the
member is engaged in the actual performance of duties vested in the
Commission. The Chairman shall be paid for each day referred to in the
preceding sentence at a rate equal to the daily equivalent of the
annual rate of basic pay payable for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(2) Members of the Commission shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(b) Staff Director.--The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a staff
director, who shall be paid at the rate of basic pay payable for level
IV of the Executive Schedule under section 5315 of title 5, United
States Code.
(c) Staff.--(1) Subject to paragraph (2), the Director, with the
approval of the Commission, may appoint and fix the pay of additional
personnel.
(2) The Director may make such appointments without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and any personnel so appointed 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 maximum annual rate of basic pay payable
for grade GS-15 of the General Schedule under section 5332 of title 5,
United States Code.
(d) Details.--Upon request of the Director, 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 the
Commission in carrying out its duties under this Act.
(e) Experts and Consultants.--The Commission may procure by
contract the temporary or intermittent services of experts or
consultants pursuant to section 3109 of title 5, United States Code.
SEC. 10. TERMINATION.
The Commission shall cease to exist 90 days after the date of the
submission of its report under section 6.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as are necessary to carry out its duties under this Act. | Fair Elections Act - Establishes the Fair Elections Commission to study and recommend reforms in the laws relating to elections for Congress.
Sets forth as the primary objectives of the Commission: (1) encouraging fair and open congressional elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of congressional elections; and (3) creating a system in which incumbent Members of Congress do not possess an inherent advantage over challengers.
Sets forth fast-track procedures for consideration of such reform legislation.
Authorizes appropriations. | {"src": "billsum_train", "title": "Fair Elections Act"} | 2,706 | 118 | 0.516556 | 1.308646 | 0.583835 | 5.818182 | 23.554545 | 0.945455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Bad Employers by Zeroing Out
Subsidies Act''.
SEC. 2. TAX ON EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL
BENEFITS.
(a) In General.--The Internal Revenue Code of 1986 is amended by
inserting after chapter 36 the following new chapter:
``CHAPTER 37--EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL
BENEFITS
``SEC. 4501. EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL
BENEFITS.
``(a) Imposition of Corporate Welfare Tax.--There is hereby imposed
on each large employer a tax equal to 100 percent of the qualified
employee benefits with respect to such employer for the taxable year.
``(b) Large Employer.--
``(1) In general.--For purposes of this section, the term
`large employer' means, with respect to a calendar year, an
employer who employed an average of at least 500 employees on
business days during the preceding calendar year.
``(2) Rules for determining employer size.--For purposes of
this subsection:
``(A) Application of aggregation rule for
employers.--All persons treated as a single employer
under subsection (b), (c), (m), or (o) of section 414
of the Internal Revenue Code of 1986 shall be treated
as 1 employer.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is a large
employer shall be based on the average number of
employees that it is reasonably expected such employer
will employ on business days in the current calendar
year.
``(C) Predecessors.--Any reference in this
subsection to an employer shall include a reference to
any predecessor of such employer.
``(c) Qualified Employee Benefits.--For purposes of this section:
``(1) In general.--The term `qualified employee benefits'
means, with respect to a person for a taxable year, the sum of
the qualified Federal benefits received by individuals who are
employees of such person for such taxable year.
``(2) Qualified federal benefits.--The term `qualified
Federal benefits' means, with respect to an individual, the
following:
``(A) The dollar value of supplemental nutrition
assistance for which the household (as defined in
section 3(m) of the Food and Nutrition Act of 2008)
that includes such individual is eligible.
``(B) The dollar value of meals that such
individual or dependents of such individual are
eligible for under the school lunch program under the
Richard B. Russell National School Lunch Act and the
school breakfast program under section 4 of the Child
Nutrition Act of 1966.
``(C) The aggregate amount of the monthly
assistance payments for rental of a dwelling unit that
the household of such individual is a member of is
eligible to have made on its behalf pursuant to section
8 of the United States Housing Act of 1937.
``(D) The amount of payments made under section
1903 of the Social Security Act with respect to
expenditures made by a State under a State Medicaid
plan under title XIX of such Act (or a waiver of such
plan) for medical assistance for such individual or for
dependents of such individual.
``(d) Employee.--For purposes of this section, the term `employee'
means--
``(1) any full-time or part-time employee,
``(2) any individual who is a full-time or part-time
independent contractor (including any employee of such
independent contractor) and provides services to the employer,
unless--
``(A) the individual is free from control and
direction in connection with the performance of the
service, both under the contract for the performance of
service and in fact,
``(B) the service is performed outside the usual
course of the business of the employer, and
``(C) the individual is customarily engaged in an
independently established trade, occupation,
profession, or business of the same nature as that
involved in the service performed, and
``(3) any individual who is a full-time or part-time joint
employee, provided that the employer possess, reserves, or
exercises sufficient direct or indirect control over the
essential terms and conditions of employment of such employee.
``(e) Regulations.--The Secretary, in consultation with the
Secretary of Agriculture, the Secretary of Housing and Urban
Development, and the Administrator of the Centers for Medicare and
Medicaid Services, shall prescribe such regulations as may be necessary
or appropriate to carry out this chapter.''.
(b) Clerical Amendments.--The table of chapters for subtitle D of
such Code is amended by inserting after the item relating to chapter 36
the following new item:
``Chapter 37--Employers With Employees Receiving Certain Federal
Benefits''.
(c) Effective Date.--The amendments made by this Act apply with
respect to taxable years beginning after December 31, 2018.
SEC. 3. UNLAWFUL EMPLOYMENT PRACTICES RELATED TO FEDERAL BENEFITS OF
APPLICANTS.
(a) In General.--It shall be an unlawful employment practice for
any large employer (as defined in section 4501(b) of the Internal
Revenue Code of 1986) to make inquiries of an applicant for employment,
or otherwise seek information about such an applicant (including
through the use of any form or application), relating to whether such
applicant receives Federal benefits.
(b) Enforcement.--A violation of subsection (a) shall be treated
as, and enforced by the Secretary of Labor in the same manner as, a
violation of section 6 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206), except that for purposes of section 15(b) of such Act (29
U.S.C. 215(b)), the employer shall be liable to the individual alleging
the violation for any lost wages due the individual and an additional
equal amount of liquidated damages. | Stop Bad Employers by Zeroing Out Subsidies Act This bill amends the Internal Revenue Code to impose a tax on large employers whose employees receive certain federal benefits during the year. A "large employer" is an employer who employed an average of at least 500 employees on business days during the preceding year. The tax is equal to the benefits that the employees receive under: the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program), the school lunch and school breakfast programs administered under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966, section 8 of the United States Housing Act of 1937, and Medicaid. The bill also prohibits large employers from asking questions or seeking information about whether a job applicant receives federal benefits. | {"src": "billsum_train", "title": "Stop Bad Employers by Zeroing Out Subsidies Act"} | 1,384 | 164 | 0.524764 | 1.369984 | 0.704098 | 3.207792 | 7.993506 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Piracy Deterrence and Education Act
of 2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Internet, while changing the way our society
communicates, has also changed the nature of many crimes,
including the theft of intellectual property.
(2) Trafficking in copyrighted works through increasingly
sophisticated electronic means, including peer-to-peer file
trading networks, Internet chat rooms, and newsgroups,
threatens lost jobs, lost income for creators, lower tax
revenue, and higher prices for honest purchasers.
(3) The most popular peer-to-peer file trading software
programs have been downloaded by computer users over
200,000,000 times. At any one time there are over 3,000,000
users simultaneously using just one of these services. Each
month, on average, over 2,300,000,000 digital-media files are
transferred among users of peer-to-peer systems.
(4) Many computer users either do not know that copyright
laws apply to Internet activity or simply believe that they
will not be caught or prosecuted for their conduct.
(5) In addition, many of the computer users drawn to the
convenience of peer-to-peer systems do not realize that these
systems pose serious security and privacy threats to their
personal computers or company networks. Recent studies reveal
that the majority of the users of these systems are unable to
tell what files they are sharing and sometimes incorrectly
assume they were not sharing any files when in fact they were
sharing all files on their hard drive.
(6) The security and privacy threats posed by peer-to-peer
networks extend beyond users inadvertently enabling a hacker to
access files. Millions of copies of one of the most popular
peer-to-peer networks contain software that could allow an
independent company to take over portions of users' computers
and Internet connections and has the capacity to keep track of
users' online habits.
(7) In light of these considerations, it is important that
Federal law enforcement agencies actively pursue criminals who
steal the copyrighted works of others, and prevent such
activity through enforcement and awareness. It is also
important that the public be educated about the security and
privacy risks associated with being connected to an
unauthorized peer-to-peer network.
(8) In addition, the Bureau of Customs and Border
Protection of the Department of Homeland Security has the
authority to act against infringements of copyrighted works,
including those works protected under the Berne Convention and
the Agreement on Trade Related Aspects of Intellectual Property
of the World Trade Organization. Under United States law,
merchandise can be seized by or forfeited to the Bureau of
Customs and Border Protection if ``it is merchandise or
packaging in which copyright, trademark, or trade name
protection violations are involved'' (section 596(c)(2)(C) of
the Tariff Act of 1930 (19 U.S.C. 1595a(c)(2)(C)).
(9) Though the regulations of the Bureau of Customs and
Border Protection (section 133.31 of title 19, Code of Federal
Regulations) provide that registered copyrighted works may be
recorded with the Bureau for ``import protection,'' recordation
is not explicitly required before infringing merchandise can be
seized or forfeited. Notwithstanding present legal authority,
there have been concerns raised about the authority of the
Bureau of Customs and Border Protection to seize infringing
copyrighted materials that have neither been registered with
the United States Copyright Office or recorded with the Bureau.
(10) Neither United States nor foreign works require
registration with the Copyright Office for protection of the
copyright in those works. United States works require
registration only before an action for infringement is brought
under title 17, United States Code. A foreign work need not be
registered to bring such an action for infringement, and none
of the rights contained in title 17, United States Code,
including the right to control distribution in section 106 of
that title or importation under section 602 of that title, are
contingent upon registration. In accordance with the
international obligations of the United States barring the use
of formalities, United States law gives foreign copyright
owners direct access to United States courts and procedures
without resort to any registration requirement, and section 603
of title 17, United States Code, directs the Secretary of the
Treasury and the United States Postal Service to separately or
jointly make regulations for the enforcement of the provisions
of title 17, United States Code, prohibiting importation.
(11) Notwithstanding the preceding provisions of this
section, the Bureau of Customs and Border Protection has been
unclear about its legal authority to seize infringing
copyrighted materials that have neither been registered with
the Copyright Office nor recorded with the Bureau. To provide
clarity, it is necessary to specify the authority of the Bureau
of Customs and Border Protection to seize infringing materials
protected by the copyright laws, with or without registration
or recordation.
SEC. 3. DETERRENCE AND COORDINATION.
The Director of the Federal Bureau of Investigation shall--
(1) develop a program to deter members of the public from
committing acts of copyright infringement by--
(A) offering on the Internet copies of copyrighted
works, or
(B) making copies of copyrighted works from the
Internet,
without the authorization of the copyright owners; and
(2) facilitate the sharing among law enforcement agencies,
Internet service providers, and copyright owners of information
concerning activities described in subparagraphs (A) and (B) of
paragraph (1).
The program under paragraph (1) shall include issuing appropriate
warnings to individuals engaged in an activity described in
subparagraph (A) or (B) of paragraph (1) that they may be subject to
criminal prosecution.
SEC. 4. DESIGNATION AND TRAINING OF AGENTS IN COMPUTER HACKING AND
INTELLECTUAL PROPERTY UNITS.
(a) Designation of Agents in CHIPs Units.--The Attorney General
shall ensure that any unit in the Department of Justice responsible for
investigating computer hacking or responsible for investigating
intellectual property crimes is assigned at least one agent to support
such unit for the purpose of investigating crimes relating to the theft
of intellectual property.
(b) Training.--The Attorney General shall ensure that each agent
assigned under subsection (a) has received training in the
investigation and enforcement of intellectual property crimes.
SEC. 5. EDUCATION PROGRAM.
(a) Establishment.--There shall be established within the Office of
the Associate Attorney General of the United States an Internet Use
Education Program.
(b) Purpose.--The purpose of the Internet Use Education Program
shall be to--
(1) educate the general public concerning the value of
copyrighted works and the effects of the theft of such works on
those who create them;
(2) educate the general public concerning the privacy,
security, and other risks of using the Internet to obtain
unauthorized copies of copyrighted works;
(3) coordinate and consult with the Department of Education
on compliance by educational institutions with applicable
copyright laws involving Internet use; and
(4) coordinate and consult with the Department of Commerce
on compliance by corporations with applicable copyright laws
involving Internet use.
SEC. 6. CUSTOMS RECORDATION.
(a) Registration and Infringement Actions.--Section 411(a) of title
17, United States Code, is amended by inserting after the first
sentence the following: ``An action for infringement of the copyright
in any United States work shall not include any action brought by the
Government of the United States or by any agency or instrumentality
thereof.''.
(b) Infringing Importation.--Section 602(a) of title 17, United
States Code, is amended by inserting before the period at the end of
the first sentence the following: ``, regardless of whether that work
has been registered with the Copyright Office or recorded with the
Bureau of Customs and Border Protection of the Department of Homeland
Security''.
(c) Importation Prohibitions.--Section 603(a) of title 17, United
States Code, is amended by inserting before the period the following:
``of copies or phonorecords of a work protected under this title,
regardless of whether that work has been registered with the Copyright
Office or recorded with the Bureau of Customs and Border Protection of
the Department of Homeland Security''.
SEC. 7. INFRINGEMENT WARNING NOTICE.
The Attorney General shall, within 3 months after the date of the
enactment of this Act, set forth criteria under which copyright owners
designated by the Attorney General will be able to use the seal of the
Federal Bureau of Investigation for deterrent purposes in connection
with physical and digital copies and phonorecords and digital
transmission of their works of authorship. | Piracy Deterrence and Education Act of 2003 - Directs the Director of the Federal Bureau of Investigation (FBI) to: (1) develop a program (including suitable warnings) to deter members of the public from committing acts of copyright infringement by offering on the Internet copies of copyrighted works, or making copies of copyrighted works from the Internet, without the authorization of the copyright owners; and (2) facilitate the sharing among law enforcement agencies, Internet service providers, and copyright owners of information concerning such activities.
Requires the Attorney General to ensure that: (1) any unit in the Department of Justice responsible for investigating computer hacking or responsible for investigating intellectual property crimes is assigned at least one agent to support such unit for the purpose of investigating crimes relating to the theft of intellectual property; and (2) each agent so assigned has received training in the investigation and enforcement of intellectual property crimes.
Establishes within the Office of the Associate Attorney General of the United States an Internet Use Education Program.
Amends Federal copyright law to make importation into the United States without the copyright owner's authorization of copies and phonorecords of a work that have been acquired outside the United State an infringement of the exclusive right to distribute such copies or phonorecords, regardless of whether that work has been registered with the Copyright Office or recorded with the Bureau of Customs and Border Protection (BCBP) of the Department of Homeland Security. Authorizes the Secretary of the Treasury and the U.S. Postal Service to make regulations prohibiting such importations regardless of registration with the Copyright Office or recordation with the BCBP.
Directs the Attorney General to set forth criteria under which copyright owners designated by the Attorney General will be able to use the FBI seal for deterrent purposes in connection with physical and digital copies and phonorecords and digital transmission of their works of authorship. | {"src": "billsum_train", "title": "To enhance criminal enforcement of the copyright laws, educate the public about the application of copyright law to the Internet, and clarify the authority to seize unauthorized copyrighted works."} | 1,894 | 409 | 0.439991 | 1.509294 | 0.752085 | 5.77937 | 5.051576 | 0.942693 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geothermal Energy Initiative Act of
2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Federal income tax credits have been established for
production of energy from renewable energy resources, other
than geothermal energy resources, including with respect to
wind energy and closed-loop biomass energy.
(2) The last national resource assessment of geothermal
energy resource sites in the United States was completed in
1978. There have been substantial changes in technology and
advances in geological science in the intervening 26 years.
(3) Many Federal land management agencies, including the
Bureau of Land Management and the Forest Service, are not aware
of geothermal energy resources and fail to recognize geothermal
energy resources in their land use planning process. Failure to
recognize geothermal energy resources during the land use
planning process poses significant delays in geothermal
resource development.
(4) The Bureau of Land Management has a backlog of 230
lease applications for prospecting for geothermal energy. The
average age of these lease applications is 9 years. The oldest
non-competitive application was received in 1974.
(5) There appears to be a lack of focus and priority in the
Bureau of Land Management concerning geothermal energy efforts.
(6) Development of geothermal energy resources is
environmentally safe and clean.
SEC. 3. CREDIT FOR ELECTRICITY PRODUCED FROM GEOTHERMAL ENERGY.
(a) In General.--Section 45(c)(1) of the Internal Revenue Code of
1986 (relating to qualified energy resources) is amended by striking
``and'' at the end of subparagraph (B), by striking the period at the
end of the subparagraph (C) and inserting ``, and'', and by adding at
the end the following new subparagraph:
``(D) geothermal energy.''.
(b) Qualified Facility.--Section 45(c)(3) of such Code (defining
qualified facility) is amended by inserting after subparagraph (E) the
following new subparagraph:
``(D) Geothermal energy facility.--In the case of a
facility using geothermal energy to produce
electricity, the term `qualified facility' means--
``(i) any facility owned by the taxpayer
which is originally placed in service after
December 31, 2004, and
``(ii) any facility owned by the taxpayer
which is originally placed in service before
January 1, 2005, but only to the extent of its
incremental production.
If such a facility is leased and the operator thereof
is the lessee, such lessee (and not the owner) shall be
treated for purposes of this section as owning such
facility.''.
(c) Incremental Production.--Section 45(d) of such Code (relating
to definitions and special rules) is amended by adding at the end the
following new paragraph:
``(9) Definition and special rule with respect to
incremental geothermal production.--For purposes of
subparagraph (D) of paragraph (3)--
``(A) In general.--The term `incremental
production' means, with respect to a facility described
in subsection (c)(3)(D)(ii) for any taxable year, the
excess of--
``(i) the total kilowatt hours of
electricity produced from such facility, over
``(ii) the average annual kilowatt hours
produced at such facility for five of the
previous seven calendar years prior to the date
of the enactment of this paragraph after
eliminating the highest and lowest kilowatt
hour production years in such seven-year
period.
``(B) Special rule.--A facility which was placed in
service seven years or longer prior to the date of the
enactment of this paragraph shall, commencing with the
year of such enactment, reduce the amount calculated
under subparagraph (A)(ii) each year, on a cumulative
basis, by the average decrease in annual kilowatt hour
production for the seven-year period described in
subparagraph (A)(ii) with such cumulative sum not to
exceed 30 percent.''.
(d) Effective Date.--The amendments made by this section shall
apply to electricity sold after December 31, 2004.
SEC. 4. ASSESSMENT OF GEOTHERMAL ENERGY RESOURCES.
(a) Resource Assessment.--Not later than 3 months after the date of
the enactment of this Act, and each year thereafter, the Secretary of
Energy shall review the available assessments of geothermal energy
resources available within the United States and undertake new
assessments as necessary, taking into account changes in market
conditions, available technologies, and other relevant factors.
(b) Contents of Reports.--Not later than 1 year after the date of
the enactment of this Act, and each year thereafter, the Secretary
shall publish a report based on the assessment under subsection (a).
The report shall contain a detailed inventory describing the available
amount and characteristics of the geothermal energy resources,
including--
(1) descriptions of surrounding terrain, population and
load centers, nearby energy infrastructure, location of energy
and water resources, and available estimates of the costs
needed to develop each resource;
(2) an identification of any barriers to providing adequate
transmission for remote sources of geothermal energy resources
to current and emerging markets;
(3) recommendations for removing or addressing such
barriers; and
(4) ways to provide access to the grid that do not unfairly
disadvantage renewable or other energy producers.
(c) Authorization of Appropriations.--To carry out this section
there is authorized to be appropriated to the Secretary of the Interior
$5,000,000 for fiscal years 2005, 2006, and 2007.
SEC. 5. ENHANCED ACCESS TO FEDERAL LANDS FOR GEOTHERMAL RESOURCE
DEVELOPMENT.
(a) Revision of Land Use Plans.--
(1) Public lands.--The Secretary of the Interior shall
expedite development of geothermal energy in making revisions
to land use plans under section 202 of the Federal Land Policy
and Management Act of 1976 (42 U.S.C. 1712) while protecting
other resources.
(2) National forest system lands.--The Secretary of
Agriculture shall expedite development of geothermal energy in
making revisions of land and resource management plans under
section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604) while protecting other
resources.
(3) Issuance of rights-of-way not affected.--Nothing in
this subsection shall preclude the issuance of a right-of-way
for the development of a geothermal energy project prior to the
revision of a land use plan by the appropriate land management
agency.
(b) Report to Congress.--Within 24 months after the date of the
enactment of this section, the Secretary of the Interior shall develop
and report to the Congress recommendations on any statutory or
regulatory changes the Secretary believes would assist in the
development of geothermal energy on Federal land. The report shall
include--
(1) a 5-year plan developed by the Secretary of the
Interior, in cooperation with the Secretary of Agriculture, for
encouraging the development of geothermal energy on Federal
land in an environmentally sound manner;
(2) an analysis of--
(A) whether the use of rights-of-ways is the best
means of authorizing use of Federal land for the
development of geothermal energy, or whether such
resources could be better developed through a leasing
system or other method;
(B) the desirability of grants, loans, tax credits,
or other provisions to promote geothermal energy
development on Federal land; and
(C) any problems, including environmental concerns,
that the Secretary of the Interior or the Secretary of
Agriculture has encountered in managing geothermal
energy projects on Federal land, or believe are likely
to arise in relation to the development of geothermal
energy on Federal land; and
(3) a list, developed in consultation with the Secretaries
of Energy and Defense, of lands under the jurisdiction of the
Departments of Energy and Defense, respectively, that would be
suitable for development for geothermal energy, and recommended
statutory and regulatory mechanisms for such development.
SEC. 6. CONSULTATION REGARDING GEOTHERMAL LEASING AND PERMITTING ON
PUBLIC LANDS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall enter into and submit to the Congress a memorandum
of understanding in accordance with this section regarding leasing and
permitting, for geothermal development, of public lands under their
respective administrative jurisdictions.
(b) Lease and Permit Applications.--The memorandum of understanding
shall include provisions that--
(1) identify known geothermal areas on public lands within
the National Forest System and to the extent necessary review
management plans to consider leasing of such lands under the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) as a land
use;
(2) establish an administrative procedure for processing
geothermal lease applications, including lines of authority,
steps in application processing, and timeframes for application
processing;
(3) provide that the Secretary concerned shall--
(A) within 14 days after receiving an application
for a lease, determine whether the application contains
sufficient information to allow processing of the
application; and
(B) if the application is found not to contain
sufficient information to allow processing the
application, before the end of such 14-day period,
provide written notification to the lease applicant
that the application is being returned to the applicant
without processing and an itemization of the
deficiencies in the application that prevent
processing;
(4) provide that the Secretary concerned shall within 30
days after receiving a lease application, provide written
notice to the lease applicant regarding the status of the
application, including an estimate of the time that will be
required to complete action on the application; and
(5) establish an administrative procedure for processing
geothermal development permits, including lines of authority,
steps in permit processing, and timeframes for permit
processing.
(c) Five-Year Leasing Plan.--The memorandum of understanding shall
develop a 5-year plan for leasing under the Geothermal Steam Act of
1970 (30 U.S.C. 1001 et seq.) of public land in the National Forest
System. The plan for geothermal leasing shall be updated every 5 years.
(d) Data Retrieval System.--The memorandum of understanding shall
establish a joint data retrieval system that is capable of--
(1) tracking lease and permit applications and requests;
and
(2) providing to the applicant or requester information as
to their status within the Departments of the Interior and
Agriculture, including an estimate of the time required for
administrative action.
SEC. 7. REIMBURSEMENT FOR COSTS OF NEPA ANALYSES, DOCUMENTATION, AND
STUDIES.
(a) In General.--The Geothermal Steam Act of 1970 (30 U.S.C. 1001
et seq.) is amended by adding at the end the following:
``SEC. 30. REIMBURSEMENT FOR COSTS OF NEPA ANALYSES, DOCUMENTATION, AND
STUDIES.
``(a) In General.--The Secretary of the Interior may, through
royalty credits, reimburse a person who is a lessee, operator,
operating rights owner, or applicant for a lease under this Act for
reasonable amounts paid by the person for preparation by the Secretary
(or a contractor or other person selected by the Secretary) of any
project-level analysis, documentation, or related study required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to the lease.
``(b) Conditions.--The Secretary may provide reimbursement under
subsection (a) only if--
``(1) adequate funding to enable the Secretary to timely
prepare the analysis, documentation, or related study is not
appropriated;
``(2) the person paid the amounts voluntarily; and
``(3) the person maintains records of its costs in
accordance with regulations prescribed by the Secretary.''.
(b) Application.--The amendment made by this section shall apply
with respect to any lease entered into before, on, or after the date of
the enactment of this Act.
(c) Deadline for Regulations.--The Secretary shall issue
regulations implementing the amendment made by this section by not
later than 90 days after the date of the enactment of this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
To carry out section 5 through 7 there are authorized to be
appropriated to the Secretary of the Interior such sums as may be
necessary. | Geothermal Energy Initiative Act of 2004 - Amends the Internal Revenue Code to include geothermal energy and certain geothermal energy facilities as qualified energy resources and appurtenant facilities eligible for the renewable electricity production credit.
Directs the Secretary of Energy to: (1) review and publish annually the available assessments of geothermal energy resources available within the United States; and (2) undertake new assessments as necessary, taking into account changes in market conditions, available technologies, and other relevant factors.
Requires such report to contain a detailed inventory describing the available amount and characteristics of geothermal energy resources.
Directs the Secretary of the Interior and the Secretary of Agriculture to expedite development of geothermal energy in making revisions to certain land use plans for public lands and National Forest System lands, respectively.
Directs the Secretary of the Interior to report to Congress on recommendations for geothermal energy development on Federal land, including a list, developed in consultation with the Secretaries of Energy and of Defense, of lands under their jurisdictions, that would be suitable for development for geothermal energy, and recommended statutory and regulatory mechanisms for such development.
Instructs the Secretary of the Interior and the Secretary of Agriculture to enter into and submit to Congress a memorandum of understanding regarding leasing and permitting for geothermal development of public lands under their respective jurisdictions.
Amends the Geothermal Steam Act of 1970 to authorize the Secretary of the Interior to reimburse certain persons through royalty credits, for reasonable amounts paid for preparation of project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 with respect to the lease. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish a Federal income tax credit for production of energy from geothermal energy resources, and for other purposes."} | 2,802 | 348 | 0.570421 | 1.830607 | 0.726669 | 4.844884 | 8.30033 | 0.943894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Contractor Tax
Simplification Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) Simplifying the tax rules with respect to independent
contractors was the top vote-getter at the 1995 White House
Conference on Small Business. Conference delegates recommended
that Congress ``should recognize the legitimacy of an
independent contractor''. The Conference found that the current
common law is ``too subjective'' and called upon the Congress
to establish ``realistic and consistent guidelines''.
(2) It is in the best interests of taxpayers and the
Federal Government to have fair and objective rules for
determining who is an employee and who is an independent
contractor.
SEC. 3. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT
EMPLOYEES.
(a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(general provisions relating to employment taxes) is amended by adding
after section 3510 the following new section:
``SEC. 3511. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT
EMPLOYEES.
``(a) General Rule.--For purposes of this subtitle, and
notwithstanding any provision of this subtitle to the contrary, if the
requirements of subsections (b), (c), and (d) are met with respect to
any service performed by any individual, then with respect to such
service--
``(1) the service provider shall not be treated as an
employee,
``(2) the service recipient shall not be treated as an
employer, and
``(3) the payor shall not be treated as an employer.
``(b) Service Provider Requirements With Regard to Service
Recipient.--For the purposes of subsection (a), the requirements of
this subsection are met if the service provider, in connection with
performing the service--
``(1) has a significant investment in assets and/or
training,
``(2) incurs significant unreimbursed expenses,
``(3) agrees to perform the service for a particular amount
of time or to complete a specific result and is liable for
damages for early termination without cause,
``(4) is paid primarily on a commissioned basis, or
``(5) purchases products for resale.
``(c) Additional Service Provider Requirements With Regard to
Others.--For the purposes of subsection (a), the requirements of this
subsection are met if--
``(1) the service provider--
``(A) has a principal place of business,
``(B) does not primarily provide the service in the
service recipient's place of business, or
``(C) pays a fair market rent for use of the
service recipient's place of business; or
``(2) the service provider--
``(A) is not required to perform service
exclusively for the service recipient, and
``(B) in the year involved, or in the preceding or
subsequent year--
``(i) has performed a significant amount of
service for other persons,
``(ii) has offered to perform service for
other persons through--
``(I) advertising,
``(II) individual written or oral
solicitations,
``(III) listing with registries,
agencies, brokers, and other persons in
the business of providing referrals to
other service recipients, or
``(IV) other similar activities, or
``(iii) provides service under a business
name which is registered with (or for which a
license has been obtained from) a State, a
political subdivision of a State, or any agency
or instrumentality of 1 or more States or
political subdivisions.
``(d) Written Document Requirements.--For purposes of subsection
(a), the requirements of this subsection are met if the services
performed by the individual are performed pursuant to a written
contract between such individual and the person for whom the services
are performed, or the payor, and such contract provides that the
individual will not be treated as an employee with respect to such
services for purposes of this subtitle.
``(e) Special Rules.--For purposes of this section--
``(1) If for any taxable year any service recipient or
payor fails to meet the applicable reporting requirements of
sections 6041(a), 6041A(a), or 6051 with respect to a service
provider, then, unless such failure is due to reasonable cause
and not willful neglect, this section shall not apply in
determining whether such service provider shall not be treated
as an employee of such service recipient or payor for such
year.
``(2) If the service provider is performing services
through an entity owned in whole or in part by such service
provider, then the references to `service provider' in
subsections (b) through (d) may include such entity, provided
that the written contract referred to in paragraph (1) of
subsection (d) may be with either the service provider or such
entity and need not be with both.
``(f) Definitions.--For the purposes of this section--
``(1) Service provider.--The term `service provider' means
any individual who performs service for another person.
``(2) Service recipient.--Except as provided in paragraph
(5), the term `service recipient' means the person for whom the
service provider performs such service.
``(3) Payor.--Except as provided in paragraph (5), the term
`payor' means the person who pays the service provider for the
performance of such service in the event that the service
recipients do not pay the service provider.
``(4) In connection with performing the service.--The term
`in connection with performing the service' means in connection
or related to--
``(A) the actual service performed by the service
provider for the service recipients or for other
persons for whom the service provider has performed
similar service, or
``(B) the operation of the service provider's trade
or business.
``(5) Exceptions.--The terms `service recipient' and
`payor' do not include any entity which is owned in whole or in
part by the service provider.''
(b) Clerical Amendment.--The table of sections for chapter 25 of
such Code is amended by adding at the end the following new item:
``Sec. 3511. Standards for determining
whether individuals are not
employees.''
(c) Effective Date.--The amendments made by this Act shall apply to
services performed after December 31, 1995. | Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if: (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee. | {"src": "billsum_train", "title": "Independent Contractor Tax Simplification Act of 1995"} | 1,439 | 274 | 0.645575 | 1.9964 | 0.831047 | 4.220408 | 5.57551 | 0.946939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Voting Reform Act of
2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On August 29, 2005, Hurricane Katrina came ashore and
destroyed 295 out of 442 polling locations in Orleans Parish,
Louisiana.
(2) In advance of the April 2006 municipal elections,
Louisiana election officials requested $2.4 million from the
Federal Emergency Management Agency (FEMA) for replacement,
repairs, re-inspection, and certification of voting machines
damaged by the hurricane.
(3) While FEMA provided $733,000 for repairs, those funds
could not be used to locate Orleans Parish voters spread across
48 states, and the State of Louisiana incurred a cost of
$750,000 for the purposes of voter outreach and education for
those displaced voters.
SEC. 3. GRANTS TO STATES FOR RESPONDING TO ELECTION ADMINISTRATION
NEEDS RESULTING FROM NATURAL DISASTERS.
(a) Authority To Make Grants.--The Election Assistance Commission
shall make a grant to each eligible State, in such amount as the
Commission considers appropriate, for purposes of restoring and
replacing supplies, materials, and equipment used in the administration
of elections in the State which were damaged as a result of a major
natural disaster, and for conducting voter outreach and education for
voters displaced as a result of a major natural disaster, as determined
on the basis of such criteria as the Commission may establish.
(b) Eligibility.--
(1) In general.--A State is eligible to receive a grant
under this Act if it submits to the Commission (at such time
and in such form as the Commission may require) a certification
that supplies, materials, and equipment used in the
administration of elections in the State were damaged as a
result of a major natural disaster.
(2) Preference for states using funds for satellite voting
sites.--In determining the eligibility of States for receiving
grants under this Act and the amount of the grant awarded to a
State, the Commission shall give preference to States which
will use the grant to operate voting sites for displaced voters
which are located outside of the area which was affected by the
major natural disaster.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2008 for grants under this section
$50,000,000, to remain available until expended.
SEC. 4. APPLICABILITY OF PROTECTIONS FOR ABSENT MILITARY AND OVERSEAS
VOTERS TO DISPLACED CITIZENS.
(a) Right of Evacuees to Use Absentee Balloting and Registration
Procedures Available to Military and Overseas Voters.--In the case of
any individual who is an eligible disaster evacuee, with respect to any
election occurring during the period described in subsection (d)--
(1) the individual shall be treated in the same manner as
an absent uniformed services voter and overseas voter for
purposes of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff et seq.), other than section 103(b)(1)
(42 U.S.C. 1973ff-2(b)(1)); and
(2) the individual shall be deemed to be an individual who
is entitled to vote by absentee ballot for purposes of the
National Voter Registration Act of 1993 and the Help America
Vote Act of 2002.
(b) Eligible Disaster Evacuee Defined.--
(1) In general.--For purposes of this section, the term
``eligible disaster evacuee'' means an individual--
(A) whose place of residence where the individual
is otherwise qualified to vote is located within a
jurisdiction described in paragraph (2);
(B) who provides the appropriate State election
official with a certification that the individual is
absent from such place of residence as a result of
evacuation from an area affected by a major natural
disaster; and
(C) who provides the official with an affidavit
stating that the individual intends to return to such
place of residence after the election or elections
involved.
(2) Jurisdiction described.--A jurisdiction described in
this paragraph is a registrar's jurisdiction defined in section
8(j) of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg-6(j)) in which not fewer than 20 percent of the voting
age population is absent as a result of evacuation from an area
affected by a major natural disaster (determined as of the date
on which the individual provides the certification and
affidavit referred to in paragraph (1)).
(c) Requiring Designated Voter Registration Agencies To Notify
Displaced Individuals of Availability of Protections.--Each motor
vehicle authority in a State and each voter registration agency
designated in a State under section 7(a) of the National Voter
Registration Act of 1993 shall take such steps as may be necessary to
notify individuals to whom services are provided of the protections
provided by this section and of the requirements for obtaining those
protections, including the requirement to submit an affidavit stating
that the individual intends to return to the place of residence where
the individual is otherwise qualified to vote.
(d) Period of Applicability.--The period described in this
subsection is, with respect to an individual who is absent from a place
of residence as a result of evacuation from an area affected by a major
natural disaster, the period--
(1) which begins on the date of the individual's
evacuation; and
(2) which ends on the date of the second regularly
scheduled general election for Federal office (or, if a runoff
election is held with respect to that second regularly
scheduled general election for Federal office, the date of the
runoff election) which occurs after the date of the
individual's evacuation.
SEC. 5. MAJOR NATURAL DISASTER DEFINED.
In this Act, the term ``major natural disaster'' means a major
disaster declared by the President under section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). | Disaster Voting Reform Act of 2007 - Directs the Election Assistance Commission to make grants to each eligible state to: (1) restore and replace supplies, materials, and equipment used in the administration of elections which were damaged as a result of a major natural disaster; and (2) conduct voter outreach and education for voters displaced as a result of a major natural disaster. Requires preference for states with satellite voting sites.
Grants an eligible disaster evacuee the right to be treated in the same manner as an absent uniform services voter and overseas voter under the Uniform and Overseas Citizen Absentee Voting Act. Deems such an individual entitled to vote by absentee ballot under the National Voter Registration Act of 1993 and the Help America Vote Act of 2002.
Requires each motor vehicle authority and each designated voter registration agency in a state to take necessary steps to notify individuals to whom services are provided of the protections of this Act and the requirements for obtaining those protections. | {"src": "billsum_train", "title": "To direct the Election Assistance Commission to make grants to States to respond to election administration needs which result from a major natural disaster, and for other purposes."} | 1,360 | 218 | 0.634159 | 1.87335 | 0.973311 | 4.333333 | 6.431694 | 0.945355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Operations in the Federal
Republic of Yugoslavia Limitation Act of 1999''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Consideration is being given to the introduction of
ground elements of the United States Armed Forces into the
Federal Republic of Yugoslavia as part of a North Atlantic
Treaty Organization (NATO) operation to halt Serbian military
action in the Serbian province of Kosovo.
(2) Such a deployment, if it were to occur, would in all
likelihood represent a commitment to maintain United States
ground forces in the Federal Republic of Yugoslavia for an
indeterminate period and cost billions of dollars.
(3) The Secretary of Defense has previously opposed the
deployment of United States ground forces to Kosovo, a province
of Serbia, as reflected in his testimony before the Congress on
October 6, 1998.
(4) The deployment of United States ground forces to
participate in the peacekeeping operation in Bosnia, which has
resulted in the expenditure of approximately $10,000,000,000 by
United States taxpayers to date, which has already been
extended past 2 previous withdrawal dates established by the
Administration, and which shows no sign of ending in the near
future, clearly argues that the costs and duration of a
deployment of United States ground forces to the Federal
Republic of Yugoslavia to halt the conflict and maintain the
peace in the province of Kosovo will be much heavier and much
longer than initially foreseen.
(5) The substantial drain on military readiness of a
deployment of United States ground forces to the Federal
Republic of Yugoslavia would be inconsistent with the need,
recently acknowledged by the Joint Chiefs of Staff, to reverse
the trends which have already severely compromised the ability
of the United States Armed Forces to carry out the National
Military Strategy of the United States.
(6) Military operations by the United States Armed Forces
against the military forces and infrastructure of the Federal
Republic of Yugoslavia--
(A) have resulted in a significant depletion of
inventories of conventional air-launched cruise
missiles, Tomahawk Block III cruise missiles, and other
mission-essential armaments;
(B) have cost several hundred million dollars and
are projected by the Administration to cost more than
$5,000,000,000 by the end of fiscal year 1999;
(C) have left the western Pacific region without a
United States aircraft carrier presence; and
(D) have compromised the ability of the United
States to perform other critical national security
missions, including Operation Northern Watch in the
airspace over Iraq, due to a lack of available assets.
(7) The Congress has already indicated its considerable
concern about the possible deployment of United States ground
forces to the region, as evidenced by section 8115 of the
Department of Defense Appropriations Act, 1999 (Public Law 105-
262; 112 Stat. 2327), which sets forth among other matters a
requirement for the President to transmit to the Congress a
report detailing the anticipated costs, funding sources,
schedule and exit strategy for any additional United States
Armed Forces deployed to Yugoslavia, Albania, or Macedonia.
(8) The President, in his reports to the Congress in
response to section 8115 of the Department of Defense
Appropriations Act, 1999, has indicated that ``it is not
possible to determine how long NATO operations will need to
continue . . .'' and that the exit strategy for United States
Armed Forces ``will depend on the course of events, and in
particular, on Belgrade's reaction to NATO operations.''.
(9) The introduction of United States Armed Forces into
hostilities, or into situations where imminent involvement in
hostilities may occur, clearly indicates authorization by the
Congress when such action is not required for the defense of
the United States, its Armed Forces, or its nationals.
(10) United States national security interests in Kosovo do
not rise to a level that warrants the introduction of United
States ground forces in the Federal Republic of Yugoslavia for
peacemaking or peacekeeping purposes with respect to the
conflict in Kosovo.
SEC. 3. PROHIBITION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR
DEPLOYMENT OF UNITED STATES GROUND FORCES TO THE FEDERAL
REPUBLIC OF YUGOSLAVIA WITHOUT SPECIFIC AUTHORIZATION BY
LAW.
(a) In General.--None of the funds appropriated or otherwise
available to the Department of Defense may be obligated or expended for
the deployment of ground elements of the United States Armed Forces in
the Federal Republic of Yugoslavia unless such deployment is
specifically authorized by a law enacted after the enactment of this
Act.
(b) Rule of Construction.--The prohibition in subsection (a) shall
not apply with respect to the authority of the President under the
Constitution to initiate missions specifically limited to rescuing
United States military personnel or citizens in the Federal Republic of
Yugoslavia. | Military Operations in the Federal Republic of Yugoslavia Limitation Act of 1999 - Prohibits funds appropriated or otherwise available to the Department of Defense from being obligated or expended for the deployment of ground elements of U.S. forces in the Federal Republic of Yugoslavia unless such deployment is specifically authorized by law. | {"src": "billsum_train", "title": "Military Operations in the Federal Republic of Yugoslavia Limitation Act of 1999"} | 1,102 | 75 | 0.554392 | 1.356515 | 0.635943 | 4.867925 | 18.641509 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brevard County Beach Equity Act of
2000''.
SEC. 2. EROSION MITIGATION, BREVARD COUNTY, FLORIDA.
(a) Definitions.--In this section, the following definitions apply:
(1) Canaveral harbor project.--The term ``Canaveral Harbor
Project'' means the Federal project for navigation authorized
by section 2 of the Act entitled ``An Act authorizing the
construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes'', approved March
2, 1945 (59 Stat. 16), as modified by section 101 of the River
and Harbor Act of 1962 (76 Stat. 1174).
(2) Secretary.--The term ``Secretary`` means the Secretary
of the Army.
(3) Shoreline protection project.--The term ``Shoreline
Protection Project'' means the Federal project for shoreline
protection authorized by section 101(b)(7) of the Water
Resources Development Act of 1996 (110 Stat. 3667).
(b) Study.--
(1) In general.--The Secretary, in cooperation with
interested non-Federal entities, shall conduct a study of the
shoreline in Brevard County, Florida, to determine whether any
erosion or property damage along the shoreline is attributable
to the Canaveral Harbor Project.
(2) Scope.--The Secretary shall limit the scope of the
study conducted under this subsection to a review of existing
data, reports, and studies (whether conducted by a Federal or a
non-Federal entity), relevant to erosion in Brevard County,
Florida.
(3) Review by independent expert.--
(A) In general.--In conducting the study under this
subsection, the Secretary shall hire an independent
coastal expert to review and report on the data,
reports, and studies referred to in paragraph (2).
(B) Selection.--The Secretary shall select the
expert described in subparagraph (A) from a list of
experts approved by the Corps of Engineers, the
Canaveral Port Authority, and the County Commission of
Brevard County, Florida.
(4) Treatment of mitigation measures.--In determining the
extent and rate of erosion under the study conducted under this
subsection, the Secretary shall take into account the effects
of each previously implemented measure designed to mitigate
erosion or property damage attributable to the Canaveral Harbor
Project, except those measures implemented under the Shoreline
Protection Project.
(c) Mitigation.--
(1) Determination.--Not later than 180 days after the date
of enactment of this section, the Secretary shall determine,
based on the results of the study conducted under subsection
(b), whether any measures are necessary to prevent or mitigate
erosion or property damage, or to correct or repair past
erosion or property damage, attributable to the Canaveral
Harbor Project.
(2) Authority.--After making a determination under
paragraph (1), the Secretary shall plan, design, and implement
any measures that the Secretary considers to be necessary to
prevent, mitigate, correct, or repair, any erosion or property
damage that is attributable to the Canaveral Harbor Project.
(3) Allocation of costs.--Except as provided in paragraph
(4), the Federal and non-Federal shares of the costs of
implementing any measure under this subsection shall be the
same as for the Canaveral Harbor Project.
(4) Renourishment in certain areas.--
(A) Reallocation of costs.--If under paragraph (2)
the Secretary carries out any renourishment of a shore
or beach located within the boundaries of the area
covered by the Shoreline Protection Project, the
Secretary shall modify the project cooperation
agreement for the Shoreline Protection Project to
increase the Federal share of the project costs of
initial construction and periodic renourishment to
reflect the increased costs incurred by the Secretary.
(B) Credit or reimbursement of funds.--Based on any
reallocation of costs under subparagraph (A), the
Secretary shall credit or reimburse each non-Federal
interest for any excess funds it may have expended with
respect to the Shoreline Protection Project.
(d) Repeal.--Section 310 of the Water Resources Development Act of
1999 (113 Stat. 301) is repealed.
(e) Funding.--
(1) Study.--Of the funds made available for the operation
or maintenance of the Canaveral Harbor Project, not more than
$250,000 may be used by the Secretary to conduct the study
described in subsection (b).
(2) Treatment of costs of mitigation measures.--The costs
of any mitigation measure carried out under this section shall
be allocated to the Canaveral Harbor Project as operation and
maintenance costs. | Requires the Secretary to: (1) take into account the effects of each previously implemented measure designed to mitigate erosion or property damage attributable to the Project, except those measures implemented under the Shoreline Protection Project; (2) determine whether any measures are necessary to prevent or mitigate erosion or property damage, or to correct or repair past erosion or property damage; and (3) plan, design, and implement such measures. Requires the Federal and non-federal share of the costs of implementing any measure to be the same as for such Project.
Requires the Secretary: (1) if he or she carries out any renourishment of a shore or beach located within the area covered by the Shoreline Protection Project, to modify the Project cooperation agreement to increase the Federal share to reflect the increased construction and periodic renourishment costs incurred; and (2) based on any reallocation of such costs, to credit or reimburse each non-Federal interest for any excess funds it may have expended with respect to such Project.
Amends the Water Resources Development Act of 1999 to repeal the requirement for the reimbursement of the non-Federal interest for the Federal share of preconstruction planning and design costs for the project for shore protection for Broward County and Hillsboro Inlet, Florida if the work is compatible with and integral to such project.
Authorizes use of up to $250,000 of funds made available for the operation or maintenance of the Canaveral Harbor Project to conduct the study. Provides for the costs of any mitigation measure carried out under this Act to be allocated to such Project as operation and maintenance costs. | {"src": "billsum_train", "title": "Brevard County Beach Equity Act of 2000"} | 1,039 | 343 | 0.534343 | 1.745604 | 0.793259 | 4.144262 | 3.032787 | 0.898361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mother's Day Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) Anna Jarvis, who is considered to be the founder of the
modern Mother's Day, was born in Webster, West Virginia, on May
1, 1864.
(2) A resident of Grafton, West Virginia, Anna Jarvis
dedicated much of her adult life to honoring her mother, Anna
Maria Reeves Jarvis, who passed on May 9, 1905.
(3) In 1908, the Andrews Methodist Episcopal Church of
Grafton, West Virginia, officially proclaimed the third
anniversary of Anna Maria Reeves Jarvis's death to be Mother's
Day.
(4) In 1910, West Virginia Governor, William Glasscock,
issued the first Mother's Day Proclamation encouraging all West
Virginians to attend church and wear white carnations.
(5) On May 8, 1914, the Sixty-Third Congress approved H.J.
Res. 263, designating the second Sunday in May to be observed
as Mother's Day, and encouraging all Americans to display the
American flag at their homes as a public expression of the love
and reverence for the mothers of our Nation.
(6) On May 9, 1914, President Woodrow Wilson issued a
Presidential Proclamation directing government officials to
display the American flag on all government buildings and
inviting the American people to display the flag at their homes
on the second Sunday of May as a public expression of the love
and reverence for the mothers of our Nation.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 400,000 $1 coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--The design of the coins minted under this
Act shall be emblematic of the 100th anniversary of President Wilson's
proclamation designating the second Sunday in May as Mother's Day.
(b) Designation and Inscriptions.--On each coin minted under this
Act, there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2014''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee
established under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning on January 1, 2014, except that the Secretary
may initiate sales of such coins before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2014.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins minted under this Act shall be sold by the Secretary at a price
equal to the sum of the face value of the coins, the surcharge required
under section 7(a) for the coins, and the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery,
overhead expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
minted under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales of coins minted under this Act
shall include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins minted under this Act shall be promptly paid by the
Secretary as follows:
(1) One-half to the St. Jude Children's Research Hospital,
for the purpose of furthering research funded by Hospital.
(2) One-half to the National Osteoporosis Foundation, for
the purpose of furthering research funded by the Foundation.
(c) Audits.--The St. Jude Children's Research Hospital and the
National Osteoporosis Foundation shall be subject to the audit
requirements of section 5134(f)(2) of title 31, United States Code,
with regard to the amounts received by the respective organizations
under subsection (b). | Mother's Day Centennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day. Authorizes the Secretary to issue such coins beginning on January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date. Terminates such minting authority after December 31, 2014. Requires coin sales to include a $10 surcharge per coin, with distribution of one-half of such surcharges to the St. Jude Children's Research Hospital and one-half to the National Osteoporosis Foundation for the purpose of furthering research. | {"src": "billsum_train", "title": "Mother's Day Centennial Commemorative Coin Act"} | 1,274 | 166 | 0.458432 | 1.449481 | 0.772506 | 5.522388 | 8.320896 | 0.940299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recalcitrant Cancer Research Act of
2012''.
SEC. 2. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS.
Subpart 1 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285 et seq.) is amended by adding at the end the following:
``SEC. 417G. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS.
``(a) Development of Scientific Framework.--
``(1) In general.--For each recalcitrant cancer identified
under subsection (b), the Director of the Institute shall
develop (in accordance with subsection (c)) a scientific
framework for the conduct or support of research on such
cancer.
``(2) Contents.--The scientific framework with respect to a
recalcitrant cancer shall include the following:
``(A) Current status.--
``(i) Review of literature.--A summary of
findings from the current literature in the
areas of--
``(I) the prevention, diagnosis,
and treatment of such cancer;
``(II) the fundamental biologic
processes that regulate such cancer
(including similarities and differences
of such processes from the biological
processes that regulate other cancers);
and
``(III) the epidemiology of such
cancer.
``(ii) Scientific advances.--The
identification of relevant emerging scientific
areas and promising scientific advances in
basic, translational, and clinical science
relating to the areas described in subclauses
(I) and (II) of clause (i).
``(iii) Researchers.--A description of the
availability of qualified individuals to
conduct scientific research in the areas
described in clause (i).
``(iv) Coordinated research initiatives.--
The identification of the types of initiatives
and partnerships for the coordination of
intramural and extramural research of the
Institute in the areas described in clause (i)
with research of the relevant national research
institutes, Federal agencies, and non-Federal
public and private entities in such areas.
``(v) Research resources.--The
identification of public and private resources,
such as patient registries and tissue banks,
that are available to facilitate research
relating to each of the areas described in
clause (i).
``(B) Identification of research questions.--The
identification of research questions relating to basic,
translational, and clinical science in the areas
described in subclauses (I) and (II) of subparagraph
(A)(i) that have not been adequately addressed with
respect to such recalcitrant cancer.
``(C) Recommendations.--Recommendations for
appropriate actions that should be taken to advance
research in the areas described in subparagraph (A)(i)
and to address the research questions identified in
subparagraph (B), as well as for appropriate benchmarks
to measure progress on achieving such actions,
including the following:
``(i) Researchers.--Ensuring adequate
availability of qualified individuals described
in subparagraph (A)(iii).
``(ii) Coordinated research initiatives.--
Promoting and developing initiatives and
partnerships described in subparagraph (A)(iv).
``(iii) Research resources.--Developing
additional public and private resources
described in subparagraph (A)(v) and
strengthening existing resources.
``(3) Timing.--
``(A) Initial development and subsequent update.--
For each recalcitrant cancer identified under
subsection (b)(1), the Director of the Institute
shall--
``(i) develop a scientific framework under
this subsection not later than 18 months after
the date of the enactment of this section; and
``(ii) review and update the scientific
framework not later than 5 years after its
initial development.
``(B) Other updates.--The Director of the Institute
may review and update each scientific framework
developed under this subsection as necessary.
``(4) Public notice.--With respect to each scientific
framework developed under subsection (a), not later than 30
days after the date of completion of the framework, the
Director of the Institute shall--
``(A) submit such framework to the Committee on
Energy and Commerce and Committee on Appropriations of
the House of Representatives, and the Committee on
Health, Education, Labor, and Pensions and Committee on
Appropriations of the Senate; and
``(B) make such framework publically available on
the Internet website of the Department of Health and
Human Services.
``(b) Identification of Recalcitrant Cancer.--
``(1) In general.--Not later than 6 months after the date
of the enactment of this section, the Director of the Institute
shall identify two or more recalcitrant cancers that each--
``(A) have a 5-year relative survival rate of less
than 20 percent; and
``(B) are estimated to cause the death of at least
30,000 individuals in the United States per year.
``(2) Additional cancers.--The Director of the Institute
may, at any time, identify other recalcitrant cancers for
purposes of this section. In identifying a recalcitrant cancer
pursuant to the previous sentence, the Director may consider
additional metrics of progress (such as incidence and mortality
rates) against such type of cancer.
``(c) Working Groups.--For each recalcitrant cancer identified
under subsection (b), the Director of the Institute shall convene a
working group comprised of representatives of appropriate Federal
agencies and other non-Federal entities to provide expertise on, and
assist in developing, a scientific framework under subsection (a). The
Director of the Institute (or the Director's designee) shall
participate in the meetings of each such working group.
``(d) Reporting.--
``(1) Biennial reports.--The Director of NIH shall ensure
that each biennial report under section 403 includes
information on actions undertaken to carry out each scientific
framework developed under subsection (a) with respect to a
recalcitrant cancer, including the following:
``(A) Information on research grants awarded by the
National Institutes of Health for research relating to
such cancer.
``(B) An assessment of the progress made in
improving outcomes (including relative survival rates)
for individuals diagnosed with such cancer.
``(C) An update on activities pertaining to such
cancer under the authority of section 413(b)(7).
``(2) Additional one-time report for certain frameworks.--
For each recalcitrant cancer identified under subsection
(b)(1), the Director of the Institute shall, not later than 6
years after the initial development of a scientific framework
under subsection (a), submit a report to the Congress on the
effectiveness of the framework (including the update required
by subsection (a)(3)(A)(ii)) in improving the prevention,
detection, diagnosis, and treatment of such cancer.
``(e) Recommendations for Exception Funding.--The Director of the
Institute shall consider each relevant scientific framework developed
under subsection (a) when making recommendations for exception funding
for grant applications.
``(f) Definition.--In this section, the term `recalcitrant cancer'
means a cancer for which the five-year relative survival rate is below
50 percent.''. | Recalcitrant Cancer Research Act of 2012 - Amends the Public Health Service Act to require the Director of the National Cancer Institute (NCI) to develop a scientific framework for research on recalcitrant cancers (cancer with a 5-year relative survival rate below 50%), which includes: (1) a review of the status of research, such as a summary of findings, identification of promising scientific advances, a description of the availability of qualified scientific researchers, and the identification of resources available to facilitate research; (2) identification of research questions that have not been adequately addressed; and (3) recommendations for actions to advance research and for appropriate benchmarks to measure progress on achieving such actions. Requires the Director to develop the framework within 18 months and review and update it every 5 years.
Requires the Director to identify within 6 months 2 or more recalcitrant cancers that have a 5-year relative survival rate of less than 20%, and are estimated to cause the death of at least 30,000 individuals in the United States per year. Authorizes the Director to identify additional such cancers and to consider additional metrics of progress (such as incidence and mortality rates) against such cancer.
Requires the Director to convene a working group for each identified cancer to provide expertise on, and assist in developing, a scientific framework under this Act.
Requires the Director to consider each relevant scientific framework developed under this Act when making recommendations for exception funding for grant applications. | {"src": "billsum_train", "title": "An original bill to provide for scientific frameworks with respect to recalcitrant cancers."} | 1,638 | 313 | 0.61142 | 1.853625 | 0.808734 | 3.925267 | 5.185053 | 0.94306 |
SECTION 1. CREDIT FOR ENERGY EFFICIENT APPLIANCES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. ENERGY EFFICIENT APPLIANCE CREDIT.
``(a) General Rule.--For purposes of section 38, the energy
efficient appliance credit determined under this section for the
taxable year is an amount equal to the applicable amount determined
under subsection (b) with respect to the eligible production of
qualified energy efficient appliances produced by the taxpayer during
the calendar year ending with or within the taxable year.
``(b) Applicable Amount; Eligible Production.--For purposes of
subsection (a)--
``(1) Applicable amount.--The applicable amount is--
``(A) $50, in the case of--
``(i) a clothes washer which is produced in
2003 with at least a 1.26 MEF (at least 1.42
MEF for washers produced after 2003 but not
after 2006), or
``(ii) a refrigerator produced in 2003
which consumes at least 10 percent less kWh per
year than the energy conservation standards for
refrigerators promulgated by the Department of
Energy effective July 1, 2001,
``(B) $100, in the case of--
``(i) a clothes washer which is produced in
2003 with at least a 1.42 MEF (at least 1.5 MEF
for washers produced after 2003 and before
2008), or
``(ii) a refrigerator produced after 2002
and before 2007 which consumes at least 15
percent less kWh per year (at least 20 percent
less kWh per year for refrigerators produced in
2007) than such energy conservation standards,
and
``(C) $150, in the case of a refrigerator which
consumes at least 20 percent less kWh per year than
such energy conservation standards and is produced
after 2002 and before 2007.
``(2) Eligible production.--
``(A) In general.--The eligible production of each
category of qualified energy efficient appliances is
the excess of--
``(i) the number of appliances in such
category which are produced by the taxpayer
during such calendar year, over
``(ii) the average number of appliances in
such category which were produced by the
taxpayer during calendar years 2000, 2001, and
2002.
``(B) Categories.--For purposes of subparagraph
(A), the categories are--
``(i) clothes washers described in
paragraph (1)(A)(i),
``(ii) clothes washers described in
paragraph (1)(B)(i),
``(iii) refrigerators described in
paragraph (1)(A)(ii),
``(iv) refrigerators described in paragraph
(1)(B)(ii), and
``(v) refrigerators described in paragraph
(1)(C).
``(C) Special rule for 2003 production.--For
purposes of determining eligible production for
calendar year 2003--
``(i) only production after the date of
enactment of this section shall be taken into
account under subparagraph (A)(i), and
``(ii) the amount taken into account under
subparagraph (A)(ii) shall be an amount which
bears the same ratio to the amount which would
(but for this subparagraph) be taken into
account under subparagraph (A)(ii) as--
``(I) the number of days in
calendar year 2003 after the date of
enactment of this section, bears to
``(II) 365.
``(c) Limitation on Maximum Credit.--
``(1) In general.--The maximum amount of credit allowed
under subsection (a) with respect to a taxpayer for all taxable
years shall be $60,000,000 except that not more than
$30,000,000 shall be allowed for production of any combination
of clothes washers produced with a 1.26 MEF (described in
subsection (b)(1)(A)(i)) and refrigerators described in
subsection (b)(1)(A)(ii).
``(2) Limitation based on gross receipts.--The credit
allowed under subsection (a) with respect to a taxpayer for the
taxable year shall not exceed an amount equal to 2 percent of
the average annual gross receipts of the taxpayer for the 3
taxable years preceding the taxable year in which the credit is
determined.
``(3) Gross receipts.--For purposes of this subsection, the
rules of paragraphs (2) and (3) of section 448(c) shall apply.
``(d) Definitions.--For purposes of this section--
``(1) Qualified energy efficient appliance.--The term
`qualified energy efficient appliance' means--
``(A) a clothes washer described in subparagraph
(A)(i) or (B)(i) of subsection (b)(1), or
``(B) a refrigerator described in subparagraph
(A)(ii), (B)(ii) or (C) of subsection (b)(1).
``(2) Clothes washer.--The term `clothes washer' means a
residential clothes washer, including a residential style coin
operated washer.
``(3) Refrigerator.--The term `refrigerator' means an
automatic defrost refrigerator-freezer which has an internal
volume of at least 16.5 cubic feet.
``(4) MEF.--The term `MEF' means Modified Energy Factor (as
determined by the Secretary of Energy).
``(e) Special Rules.--
``(1) In general.--Rules similar to the rules of
subsections (c), (d), and (e) of section 52 shall apply for
purposes of this section.
``(2) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52 or
subsection (m) or (o) of section 414 shall be treated as 1
person for purposes of subsection (a).
``(f) Verification.--The taxpayer shall submit such information or
certification as the Secretary, in consultation with the Secretary of
Energy, determines necessary to claim the credit amount under
subsection (a).''.
(b) Limitation on Carryback.--Section 39(d) of the Internal Revenue
Code of 1986 (relating to transition rules) is amended by adding at the
end the following new paragraph:
``(11) No carryback of energy efficient appliance credit
before effective date.--No portion of the unused business
credit for any taxable year which is attributable to the energy
efficient appliance credit determined under section 45G may be
carried to a taxable year ending before January 1, 2003.''.
(c) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended by
striking ``plus'' at the end of paragraph (14), by striking the period
at the end of paragraph (15) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(16) the energy efficient appliance credit determined
under section 45G(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45G. Energy efficient appliance
credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to appliances produced after December 31, 2002, in taxable years
ending after such date. | Amends the Internal Revenue Code to establish a limited energy efficient appliance credit for the eligible production of qualified energy efficient appliances produced by a taxpayer. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow for an energy efficient appliance credit."} | 1,714 | 32 | 0.5654 | 1.229107 | 0.253422 | 3.259259 | 56.148148 | 0.888889 |
SECTION 1. SHORT TITLE AND FINDINGS.
(a) Short Title.--This Act may be cited as the ``Linking Educators
and Developing Entrepreneurs for Reaching Success (LEADERS) Act of
2002''.
(b) Findings.--Congress makes the following findings:
(1) Business incubators housed in academic settings provide
unique educational opportunities for students, provide
entrepreneurs with enhanced access to a skilled workforce, and
bring a wealth of resources to business, academia, and
communities.
(2) Academic affiliated incubators bridge the missions of
academic institutions by bringing together education, economic
development, and technology commercialization efforts.
(3) Studies have shown that incubator tenant companies have
an average success rate of 87 percent, and 90 percent for
technology-based incubator tenant companies. These success
rates are dramatically higher than the success rates for
companies in the general economy.
(4) Incubator companies are also more likely to remain in
the same communities as they grow and to provide high paying
jobs and benefits to their employees.
(5) Business incubators help academic institutions
contribute to local goals of sustaining economic development in
their surrounding communities.
(6) Education in entrepreneurship and other business
formation skills is essential to business success and
sustainable economic development.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage entrepreneurship by
increasing the role for academia in entrepreneurship by providing space
and expertise in an academic setting to house and support new and
emerging small businesses.
SEC. 3. DEFINITIONS.
In this Act:
(1) Degree-granting institution.--The term ``degree-
granting institution'' means an institution of higher
education, as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001), that awards an associate or
baccalaureate degree.
(2) Incubator.--The term ``incubator'' means an entity
affiliated with or housed in a degree-granting institution that
provides space and coordinated and specialized services to
entrepreneurial businesses which meet selected criteria during
the businesses' startup phase, including providing services
such as shared office space and services, access to equipment,
access to telecommunications and technology services, flexible
leases, specialized management assistance, access to financing,
and other coordinated business or technical support services.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. PROGRAM AUTHORIZED.
(a) In General.--The Secretary is authorized to support the
establishment and development of incubators.
(b) Allocation of Funds.--From the amount appropriated under
section 9, the Secretary--
(1) shall use 80 percent of the amount to--
(A) make awards, on a competitive basis, in amounts
of $500,000 to $750,000, to help acquire or renovate
space for incubators; and
(B) make awards, on a competitive basis, in amounts
of $50,000 to $150,000, for developing curricula,
providing services (including preparing corporate
charters, partnership agreements, and basic contracts,
assistance with patents, trademarks, and copyrights,
and technology acquisition services), or providing
programming for entrepreneurs housed in an incubator;
(2) shall use 10 percent of the amount to make awards, on a
competitive basis, in amounts of $50,000 to $150,000, for
feasibility studies for determining the need for or siting of
incubators; and
(3) shall use 10 percent for research regarding best
practices for incubator programs, including the development of
a benchmarking system based on uniform measures, and for
dissemination of information regarding such practices.
(c) Contracts.--The Secretary is authorized to contract with
organizations with expertise in business incubation practices for the
purposes of carrying out subsection (b)(3).
(d) Recipients.--The Secretary shall make an award--
(1) described in subsection (b)(1) to a nonprofit entity
that has a strong affiliation with a degree-granting
institution and manages or provides technical assistance to the
degree-granting institution's affiliated incubator, or if no
nonprofit entity manages or provides technical assistance to
the incubator, to the degree-granting institution managing the
incubator; and
(2) described in subsection (b)(2) to a degree-granting
institution, or a nonprofit municipality, city, township, or
community development organization.
SEC. 5. USES OF FUNDS.
Funds awarded under section 4(b)(1)(B) may be used for--
(1) curriculum, training, or technical assistance developed
by academic faculty with participation from entrepreneurship
experts and local government leaders;
(2) programming that contributes to a coordinated set of
business assistance tools, such as developing management teams,
providing workforce development, forming strategic alliances,
developing capital formation networks, and developing
customized plans to help entrepreneurs meet the challenges of
doing business in their specific communities; and
(3) hiring staff to coordinate the activities described in
paragraph (1) or (2) or for curriculum development.
SEC. 6. APPLICATIONS.
(a) In General.--Each entity desiring assistance under this Act
shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary may
require.
(b) Contents.--Each application shall contain an assurance that the
activities to be assisted--
(1) have the support of the municipality, city, or township
in which the incubator is housed or proposed to be housed; and
(2) are consistent with the local economic development plan
or strategic master plan.
(c) Priority.--The Secretary shall give priority to funding
applications under this Act that provide strong educational
opportunities to students in entrepreneurship, and that require
significant collaboration between businesses, academia, and local
government and economic development leaders.
(d) Consideration.--
(1) In general.--In addition to applications from other
appropriate sources, the Secretary may give consideration to
funding applications under this Act that support--
(A) the building of new incubators;
(B) incubators located in economically distressed
areas;
(C) incubators with successful graduation rates for
tenant companies;
(D) incubators that have shown demonstrable
economic benefits in their surrounding communities;
(E) incubators that work with faculty entrepreneurs
or university-based research; or
(F) incubators located in rural, inner-city areas,
or Indian reservations or pueblos where the presence of
an incubator may enhance and diversify the area's
economy through expanded technology commercialization.
(2) Definition of consideration.--In this subsection, the
term ``consideration'' does not mean priority.
SEC. 7. MATCHING FUNDS.
Each entity receiving Federal assistance under section 4(b)(1)
shall contribute matching funds, in an amount equal to the amount of
Federal assistance received under this Act, toward the costs of the
activities assisted under this Act. The non-Federal share required
under this section may be provided in the form of in-kind
contributions.
SEC. 8. REPORT.
The Secretary, at the end of the third year for which assistance is
provided under this Act, shall prepare and submit to Congress a report
that--
(1) describes the most effective or innovative additions to
curricula developed under this Act;
(2) contains a comparison of small business survival rates
for small businesses that started up in incubators versus small
businesses that did not so start;
(3) describes factors leading to any success of incubator
businesses;
(4) describes the best role for degree-granting
institutions in business incubation; and
(5) contains a comparison of academic-affiliated incubators
of specific missions and ages supported under this Act with
incubators with similar missions and ages that are not
supported under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$20,000,000 for each of fiscal years 2003, 2004, and 2005. | Linking Educators and Developing Entrepreneurs for Reaching Success (LEADERS) Act of 2002 - Authorizes the Secretary of Education to support business incubation at institutions of higher education that award associate or baccalaureate degrees.Directs the Secretary to make competitive, matching awards to: (1) a non-profit entity that manages or provides technical assistance to a degree-granting institution's affiliated incubator (or to the institution that manages in the absence of such an entity), for helping acquire or renovate space for incubators, and for developing curricula, providing services, or providing programming for entrepreneurs housed in an incubator; and (2) a degree-granting institution or a nonprofit local government or community development organization, for feasibility studies to determine the need for or siting of incubators. Requires the Secretary to reserve certain amounts for research regarding best practices for incubator programs, including the development of a benchmarking system based on uniform measures, and for dissemination of information regarding such practices. Authorizes contracts for such purposes with organizations with expertise in business incubation practices. | {"src": "billsum_train", "title": "To support business incubation in academic settings, and for other purposes."} | 1,667 | 237 | 0.658059 | 1.980175 | 0.93651 | 4.132653 | 8.178571 | 0.938776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reservist Opportunities and
Protection of Education Act of 2003''.
SEC. 2. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE.
(a) Leave of Absence for Military Service.--Part G of title IV of
the Higher Education Act of 1965 is amended by inserting after section
484B (20 U.S.C. 1094) the following new section:
``SEC. 484C. REFUNDS AND LEAVE OF ABSENCE FOR MILITARY SERVICE.
``(a) Leave of Absence Required.--Whenever a student who is an
affected individual is unable to complete a period of instruction or to
receive academic credit because he or she was called up for active duty
or active service, the institution of higher education in which the
student is enrolled shall--
``(1) grant the student a military leave of absence from
the institution while such student is serving on active duty or
active service, and for one year after the conclusion of such
duty or service, in accordance with subsection (b); and
``(2) provide the student with a refund or credit in
accordance with subsection (c).
``(b) Consequences of Military Leave of Absence.--A student who is
an affected individual and who is on a military leave of absence from
an institution of higher education shall be entitled, upon release from
serving on active duty or active service, to be restored to the
educational status such student had attained prior to being ordered to
such duty without loss of academic credits earned, scholarships or
grants awarded by the institution, or, subject to subsection (c),
tuition and other fees paid prior to the commencement of the active
duty or active service.
``(c) Refunds.--An institution of higher education shall refund
tuition or fees paid prior to the commencement of the active duty or
active service of an affected individual. If a student taking a
military leave of absence for active duty or active service requests a
refund during a period of enrollment, the percentage of the tuition and
fees that shall be refunded shall be equal 100 percent minus the
percentage of the period of enrollment (for which the tuition and fees
were paid) that was completed (as determined in accordance with section
484B(d)) as of the day the student withdrew.
``(d) Leave of Absence Not Treated as Withdrawal.--Notwithstanding
the 180-day limitation in section 484B(a)(2), a student on a military
leave of absence under this section shall not be treated as having
withdrawn for purposes of section 484B unless the student fails to
return at the end of the military leave of absence (as determined under
subsection (a) of this section).
``(e) Definitions.--As used in this section:
``(1) Active duty.--The term `active duty' has the meaning
given such term in section 101(d)(1) of title 10, United States
Code, except that such term does not include active duty for
training or attendance at a service school.
``(2) Affected individual.--The term `affected individual'
means an individual who--
``(A) is serving on active duty during a war or
other military operation or national emergency; or
``(B) is performing qualifying National Guard duty
during a war or other military operation or national
emergency.
``(3) Military operation.--The term `military operation'
means a contingency operation as such term is defined in
section 101(a)(13) of title 10, United States Code.
``(4) National emergency.--The term `national emergency'
means a national emergency declared by the President of the
United States.
``(5) Serving on active duty.--The term `serving on active
duty during a war or other military operation or national
emergency' means service by an individual who is--
``(A) a Reserve of an Armed Force ordered to active
duty under section 12301(a), 12301(g), 12302, 12304, or
12306 of title 10, United States Code, or any retired
member of an Armed Force ordered to active duty under
section 688 of such title, for service in connection
with a war or other military operation or national
emergency, regardless of the location at which such
active duty service is performed; and
``(B) any other member of an Armed Force on active
duty in connection with such war, operation, or
emergency or subsequent actions or conditions who has
been assigned to a duty station at a location other
than the location at which such member is normally
assigned.
``(6) Qualifying national guard duty.--The term `qualifying
National Guard duty during a war or other military operation or
national emergency' means service as a member of the National
Guard on full-time National Guard duty (as defined in section
101(d)(5) of title 10, United States Code) under a call to
active service authorized by the President or the Secretary of
Defense for a period of more than 30 consecutive days under
section 502(f) of title 32, United States Code, in connection
with a war, another military operation, or a national emergency
declared by the President and supported by Federal funds.''.
(b) Obligation as Part of Program Participation Requirements.--
Section 487(a)(22) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(22)) is amended by inserting ``and with the policy on leave of
absence for military service established pursuant to section 484C''
after ``section 484B''. | Amends the Higher Education Act of 1965 (HEA) to require institutions of higher education that participate in HEA title IV student assistance programs to grant military leaves of absence, and provide refunds of or credits for tuition and fees paid, to individuals who are unable to complete a period of instruction or receive academic credit because they were called to serve on active duty in the Armed Forces, or to perform qualifying National Guard duty, during a war or other military operation or national emergency.Requires the leave of absence to be for the period of active duty or service and for one year after completion of such duty or service. Requires the refund or credit to be prorated to cover the period when the student had to leave. Provides that such leave of absence shall not be treated as a withdrawal for certain student assistance purposes. | {"src": "billsum_train", "title": "To require institutions of higher education to make full refunds of tuitions and fees paid by members of the Armed Forces and National Guard called to active duty or active service during a war or national emergency."} | 1,249 | 178 | 0.62378 | 1.633953 | 0.791016 | 2.828025 | 7.140127 | 0.840764 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prairie Protection Act of 2013''.
SEC. 2. CROP PRODUCTION ON NATIVE SOD.
(a) Federal Crop Insurance.--Section 508(o) of the Federal Crop
Insurance Act (7 U.S.C. 1508(o)) is amended--
(1) in paragraph (1)(B), by inserting ``, or the producer
cannot substantiate that the ground has ever been tilled,''
after ``tilled'';
(2) in paragraph (2)(A), by striking ``for benefits under--
'' and all that follows through the period at the end and
inserting ``for--
``(i) a portion of crop insurance premium
subsidies under this subtitle in accordance
with paragraph (3);
``(ii) benefits under section 196 of the
Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333); and
``(iii) payments described in subsection
(b) of section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308).''; and
(3) by striking paragraph (3) and inserting the following:
``(3) Administration.--
``(A) In general.--During the first 4 crop years of
planting on native sod acreage by a producer described
in paragraph (2)--
``(i) paragraph (2) shall apply to 65
percent of the applicable transitional yield;
and
``(ii) the crop insurance premium subsidy
provided for the producer under this subtitle
shall be 50 percentage points less than the
premium subsidy that would otherwise apply.
``(B) Yield substitution.--During the period native
sod acreage is covered by this subsection, a producer
may not substitute yields for the native sod
acreage.''.
(b) Noninsured Crop Disaster Assistance.--Section 196(a)(4) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333(a)(4)) is amended--
(1) in subparagraph (A)(ii), by inserting ``, or the
producer cannot substantiate that the ground has ever been
tilled,'' after ``tilled'';
(2) in subparagraph (B)(i), by striking ``for benefits
under--'' and all that follows through the period at the end
and inserting ``for--
``(I) benefits under this section;
``(II) a portion of crop insurance
premium subsidies under the Federal
Crop Insurance Act (7 U.S.C. 1501 et
seq.) in accordance with subparagraph
(C); and
``(III) payments described in
subsection (b) of section 1001 of the
Food Security Act of 1985 (7 U.S.C.
1308).''; and
(3) by striking subparagraph (C) and inserting the
following:
``(C) Administration.--
``(i) In general.--During the first 4 crop
years of planting on native sod acreage by a
producer described in subparagraph (B)--
``(I) subparagraph (B) shall apply
to 65 percent of the applicable
transitional yield; and
``(II) the crop insurance premium
subsidy provided for the producer under
the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) shall be 50
percentage points less than the premium
subsidy that would otherwise apply.
``(ii) Yield substitution.--During the
period native sod acreage is covered by this
paragraph, a producer may not substitute yields
for the native sod acreage.''.
(c) Cropland Report.--
(1) Baseline.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that describes the cropland
acreage in each county and State, and the change in cropland
acreage from the preceding year in each county and State,
beginning with calendar year 2000 and including that
information for the most recent year for which that information
is available.
(2) Annual updates.--Not later than January 1, 2014, and
each January 1 thereafter through January 1, 2018, the
Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
(A) the cropland acreage in each county and State
as of the date of submission of the report;
(B) the change in cropland acreage from the
preceding year in each county and State; and
(C) the number of acres of native sod that have
been converted to cropland or to any other use in the
preceding year in each county and State. | Prairie Protection Act of 2013 - Amends the Federal Crop Insurance Act to reduce crop insurance assistance and noninsured crop disaster assistance for crops grown on native sod acreage converted to cropland for the first four years. | {"src": "billsum_train", "title": "Prairie Protection Act of 2013"} | 1,109 | 51 | 0.52223 | 1.255708 | 0.752201 | 2.578947 | 25.5 | 0.789474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Traffic Control Service
Improvement Act of 1994''.
TITLE I--UNITED STATES AIR TRAFFIC SERVICE CORPORATION
SEC. 101. ESTABLISHMENT OF CORPORATION.
(a) In General.--There is established a wholly owned Government
corporation, to be known as the ``United States Air Traffic Service
Corporation'', to operate the air traffic control system of the United
States after the completion of transfers of air traffic control
facilities and equipment under section 201.
(b) Limitations.--The Corporation--
(1) except as provided in subsection (c), shall not be an
agency or establishment of the United States Government;
(2) shall have its principal office in the District of
Columbia and is deemed to be a resident thereof;
(3) to the extent consistent with this Act, shall be
subject to the District of Columbia Business Corporation Act
(D.C. Code, Sec. 29-301 et seq.);
(4) shall be subject to safety regulatory oversight of the
Federal Aviation Administration; and
(5) shall be self-sufficient through revenues earned by
charging fees to users of the air traffic control system.
(c) War or National Emergency.--
(1) Transfer of functions.--In the event of a declared war
or national emergency, the President may by Executive order
transfer any functions, personnel, property, records, funds,
and other matters relating to the Corporation to the Department
of Defense.
(2) Development of plans.--The Board, in consultation with
the Secretary of Defense, shall develop plans for the effective
discharge of the functions of the Corporation in the event of a
declared war or national emergency.
SEC. 102. CORPORATION.
(a) Chief Executive Officer.--Within 30 days after the date of the
enactment of this Act, the President shall appoint an interim chief
executive officer of the Corporation to handle the preliminary
development of the Corporation before the appointment of the board of
directors. The interim chief executive officer shall serve as a member
of the board until the board elects a permanent chief executive
officer. The chief executive officer (other than the interim chief
executive officer) shall be selected by the board. The first executive
officer to be selected shall be selected not later than the 180th day
following the date of the first meeting of the board.
(b) Appointment of Transition Team.--The interim chief executive
officer shall appoint a 6-member transition team which shall be
responsible for getting the Corporation operational and shall serve
until the Corporation is operational.
(c) Functions of Transition Team.--The transition team appointed
under this section shall--
(1) subject to approval by the President, draft and file
articles of incorporation for the Corporation, draft the
initial bylaws of the Corporation, and take any other actions
necessary for the establishment and initial operation of the
corporation; and
(2) after appointment of the board, the transition team
shall work under the board until the Corporation is
operational.
(d) Articles of Incorporation.--The articles of incorporation filed
by the transition team in accordance with subsection (c)--
(1) shall provide for cumulative voting under section 27(d)
of the District of Columbia Business Corporation Act (D.C.
Code, Sec. 29-327(d)); and
(2) may be amended, altered, changed, or repealed by a vote
of not less than \2/3\ of the members of the board.
(e) Budget.--The Corporation shall be subject to provisions of the
Government Corporation Control Act, shall submit an annual business-
type budget to Congress, and shall have an annual financial audit
performed by an independent public accountant.
SEC. 103. BOARD OF DIRECTORS AND OFFICERS.
(a) Board of Directors.--
(1) Membership.--The Corporation shall be governed by a
board of directors with 11 members. The board shall be
comprised of the chief executive officer of the Corporation,
the Secretary of Transportation, and the Secretary of Defense
(or their designees), and 8 members appointed by the President
with the advice and consent of the Senate.
(2) Appointed members.--The President shall appoint the
initial 8 appointed members of the board so that thereafter the
appointed members will serve on the board for 5-year staggered
terms. The 8 members of the board appointed by the President
shall be as follows:
(A) 3 members from among persons who represent the
views of commercial aviation interests.
(B) 1 member from among persons who represent the
views of airports.
(C) 1 member from among persons who represent the
views of employees of the Federal Aviation
Administration and the Corporation who belong to a
union.
(D) 1 member from among persons who represent the
views of general business interests.
(E) 2 members from among persons who represent the
views of noncommercial aviation interests.
(3) Chairperson.--The board shall elect one of its members
annually to serve as Chairperson.
(4) Compensation and expenses.--Members of the board may
receive compensation in accordance with rules established by
the board.
(5) Functions of the board.--The board shall meet at least
quarterly and shall be responsible for strategic planning and
approving major financial decisions of the Corporation, the
annual budget, and the level of user fees. The board shall
provide for public notice and comment on its fee proposals. The
board shall have authority over decisions about contracting for
air traffic control facilities, including Level I towers and
navigational facilities and equipment.
(6) Function of the secretary of transportation.--
(A) User fees.--In consultation with the Attorney
General, the Secretary of Transportation shall have the
authority to disapprove the kind and level of user fees
established by the board if such fees are not
reasonable as determined by the Secretary under
criteria established by the Secretary. Not later than
180 days after the date of the enactment of this Act,
the Secretary shall issue regulations establishing such
criteria. In determining if fees are reasonable under
this paragraph, the Secretary shall consider if the
fees will harm new entrant air carriers, diminish
competition among users of the air traffic control
system, or lead to excessive charges for air service.
(B) Borrowing.--The Secretary of Transportation
shall have the authority to disapprove borrowing by the
Corporation under the following circumstances:
(i) If the Corporation seeks to borrow
funds at levels which exceed a reasonable
prospect for repayment as determined by the
Secretary.
(ii) If the Corporation seeks to borrow
funds for inappropriate, wasteful, or
unreasonably speculative activities as
determined by the Secretary.
(C) Intermodal issues.--The Secretary of
Transportation shall have the authority to address
intermodal issues affecting the Corporation.
(7) Function of the secretary of defense.--The Secretary of
Defense shall address national security concerns as they relate
to the Corporation.
(b) Safety Committee.--
(1) Appointment.--The board shall establish a 3-member
permanent safety committee from among persons who are citizens
of the United States to review the operations of the
Corporation to ensure the highest level of aviation safety.
Persons appointed under this paragraph shall serve at the
pleasure of the board.
(2) Compensation.--Individuals appointed under paragraph
(1) shall be compensated at rates fixed by the board.
(c) CEO.--The Corporation shall have a chief executive officer who
is elected by the board and who shall serve at the discretion of the
board. The board shall fix the term of employment and compensation of
the chief executive officer.
(d) Restriction on Receipt of Other Salary.--An officer of the
Corporation shall not receive any salary from any source other than the
Corporation during the period of the officer's employment by the
Corporation.
SEC. 104. POWERS OF CORPORATION.
The Corporation may--
(1) plan, initiate, construct, own, manage, and operate, by
itself or in cooperation with other entities, an air traffic
control system;
(2) furnish, for hire, air traffic control services to air
transportation common carriers, and other operators of civil
aircraft;
(3) establish reasonable nondiscriminatory fees for the
provision of air traffic control services;
(4) enter into contracts under which other entities may
operate individual air traffic control facilities on behalf of
the Corporation;
(5) acquire, by construction, purchase, or gift, physical
facilities, equipment, and devices necessary to the operations
of the Corporation, including air traffic control and
associated equipment and facilities; and
(6) conduct or contract for the conduct of research and
development related to the operations of the Corporation and
establish technical specifications of all elements of the air
traffic control system.
SEC. 105. FOREIGN BUSINESS NEGOTIATIONS OF CORPORATION.
(a) Negotiations of Corporation.--Whenever the Corporation enters
into negotiations with any foreign entity with respect to facilities,
operations, and services authorized by this Act to be conducted by the
Corporation--
(1) the Corporation shall notify the Secretary of State
regarding the initiation, conduct, and foreign policy
implications of such negotiations; and
(2) the Secretary of State shall advise the Corporation of
relevant foreign policy considerations and, upon request of the
Corporation, shall render such assistance as may be
appropriate.
(b) Negotiations of Secretary of State.--The Secretary of State
shall consult with the Corporation with respect to all negotiations
conducted by the Secretary regarding matters which relate to air
traffic control.
SEC. 106. SANCTIONS.
(a) Petition for Relief.--Except as otherwise prohibited by law--
(1) if the Corporation engages in any activity, or takes
any action in furtherance of any policy, which is inconsistent
with the policy and purposes of this Act; or
(2) if any other person--
(A) violates any provision of this Act;
(B) obstructs or interferes with any activity
authorized by this Act;
(C) refuses, fails, or neglects to discharge any
duty or responsibility under this Act; or
(D) threatens any such violation, obstruction,
interference, refusal, failure, or neglect;
the district court of the United States for any district in
which such Corporation or other person resides or may be found
shall have jurisdiction, upon petition of the Attorney General
of the United States, to grant such equitable relief as may be
necessary or appropriate to prevent or terminate such activity.
(b) Punishment, Liability, or Sanction Under Other Provisions.--
Nothing contained in this section shall be considered to relieve any
person of any liability, punishment, or sanction under any other law.
SEC. 107. REPORT.
(a) Corporation.--The Corporation shall transmit to the President
and Congress, annually and at such other times as it considers
appropriate, a comprehensive and detailed report of its operations,
activities, and accomplishments under this Act.
(b) Administrator.--The Administrator shall transmit to the
Congress, annually and at such other times as the Administrator
considers appropriate, an evaluation of the capital structure of the
Corporation so as to assure the Congress that such structure is
consistent with the most efficient and economical operation of the
Corporation.
TITLE II--MISCELLANEOUS
SEC. 201. TRANSFER OF FACILITIES AND EQUIPMENT TO CORPORATION.
(a) In General.--Not later than 1 year after the date the Senate
approves the appointments of the President under section 102(a), the
Secretary of Transportation shall take such steps as may be necessary--
(1) to transfer to the Corporation all right, title, and
interest of the United States in, and all control of the United
States over, all facilities and equipment under the
jurisdiction of the Administration by the operational date of
the Corporation, which are part of the air traffic control
system including the air route traffic centers, terminal radar
control centers, VHF omnidirectional radio stations, long-range
and terminal radar systems, flight service stations, and
related facilities and equipment; and
(2) to transfer all right of the United States in airport
control towers, landing aids, and landing slots to owners of
the airport where such towers and aids are located and to which
such landing slots relate.
(b) Compensation.--In consideration for property transferred by the
United States pursuant to subsection (a), the Corporation shall pay
into the General Fund of the Treasury such amount as the Corporation
and the Secretary of Transportation agree is reasonable and shall
relinquish all rights of the Corporation to amounts in the Airport and
Airway Trust Fund.
SEC. 202. AIRPORT FEES.
(a) In General.--Notwithstanding any other law, on and after the
date of the transfers carried out by the Secretary of Transportation
pursuant to section 201(a), an airport may establish and charge fees
for use of airport facilities by, and provision of services to, air
carriers and air transportation passengers, including--
(1) fees which air carriers must pay for landing aircraft
at or taking aircraft off from such facilities; and
(2) fees which passengers must pay for departing from such
facilities.
(b) Criteria.--Fees established under subsection (a)--
(1) shall be in an amount equal to the cost to the airport
of providing the particular use or service for which the fee is
charged, plus a reasonable profit; and
(2) may vary according to time of day and demand for the
facility or service.
SEC. 203. AIRPORT ACCESS.
(a) Prohibition.--An owner, operator, or other person in charge of
a public-use airport shall not deny access to and use of the facilities
of such airport by any person operating an aircraft which is in
compliance with all laws relating to aviation safety if the person
offers to pay all fees which are usually charged for such use.
(b) Penalty.--Any person who violates subsection (a) shall be
subject to a civil penalty under section 46301 of title 49, United
States Code.
SEC. 204. LIABILITY OF CORPORATION.
The Corporation shall be treated as a Federal agency for purposes
of chapter 171 of title 28, United States Code; except that judgments,
awards, settlements, interest, and costs of claims resulting from air
traffic control system liability, shall not be paid from amounts
available under section 1304 of title 31, United States Code, but shall
be paid from amounts otherwise available to the Corporation. The
Corporation may secure its own insurance for claims resulting from air
traffic control system liability. The Corporation shall be responsible
for any legal or administrative costs for air traffic control-related
litigation. The Corporation may secure liability insurance for the
board of directors. The Corporation may sue or be sued in its corporate
name. The Secretary of Transportation shall identify potential
environmental liabilities of facilities before their transfer to the
Corporation.
SEC. 205. DEFINITIONS.
As used in this Act--
(1) the terms ``airport'' and ``public-use airport'',
respectively, have the meaning given such terms by section
47102 of title 49, United States Code;
(2) the terms ``air carrier'', ``aircraft'', ``air
transportation'', ``civil aircraft'', ``citizen of the United
States'', ``person'' and ``United States'', respectively, have
the meaning given such terms by section 40102 of title 49,
United States Code;
(3) the term ``board'' means the board of directors of the
Corporation appointed under section 103;
(4) the term ``Corporation'' means the corporation
established by section 101 of this Act;
(5) the term ``Administration'' means the Federal Aviation
Administration; and
(6) the term ``Administrator'' means the Administrator of
the Federal Aviation Administration.
SEC. 206. CONFORMING AMENDMENTS.
The Secretary of Transportation shall submit to Congress not later
than 1 year after the date of the enactment of this Act such conforming
amendments as the Secretary of Transportation determines are necessary
to fully implement this Act.
HR 5209 IH----2 | TABLE OF CONTENTS:
Title I: United States Air Traffic Service Corporation
Title II: Miscellaneous
Air Traffic Control Service Improvement Act of 1994 -
Title I: United States Air Traffic Service Corporation
- Establishes, as a Government corporation, the United States Air Traffic Service Corporation to operate the U.S. air traffic control system.
Title II: Miscellaneous
- Directs the Secretary of Transportation to transfer to the Corporation all right, title, and interest of the United States over facilities, including airport control towers, landing aids, landing slots, and equipment which are part of the air traffic control system.
Authorizes airports to charge fees for use of airport facilities by, and provision of services to, air carriers and air transportation passengers.
Prohibits owners or operators of public-use airports from denying access to and use of airport facilities by any person operating an aircraft which is in compliance with all aviation safety laws if such person offers to pay all user fees. Subjects persons who violate such prohibition to a civil penalty. | {"src": "billsum_train", "title": "Air Traffic Control Service Improvement Act of 1994"} | 3,437 | 223 | 0.49523 | 1.375271 | 0.707638 | 4.524752 | 16.227723 | 0.910891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Shutdown Prevention
Act''.
SEC. 2. CONTINUING FUNDING.
(a) In General.--If any regular appropriation bill for fiscal year
1998 does not become law prior to the beginning of fiscal year 1998 or
a joint resolution making continuing appropriations is not in effect,
there is appropriated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
program, project, or activity for which funds were provided in fiscal
year 1997.
(b) Level of Funding.--Appropriations and funds made available, and
authority granted, for a program, project, or activity for fiscal year
1998 pursuant to this Act shall be at 98 per cent of the rate of
operations that was provided for the program, project, or activity in
fiscal year 1997 in the corresponding regular appropriation Act for
fiscal year 1997.
(c) Period of Availability.--Appropriations and funds made
available, and authority granted, for fiscal year 1998 pursuant to this
Act for a program, project, or activity shall be available for the
period beginning with the first day of a lapse in appropriations and
ending with the earlier of--
(1) the date on which the applicable regular appropriation
bill for fiscal year 1998 becomes law (whether or not that law
provides for that program, project, or activity) or a
continuing resolution making appropriations becomes law, as the
case may be; or
(2) the last day of fiscal year 1998.
SEC. 3. TERMS AND CONDITIONS.
(a) In General.--An appropriation of funds made available, or
authority granted, for a program, project, or activity for fiscal year
1998 pursuant to this Act shall be made available to the extent and in
the manner which would be provided by the pertinent appropriations Act
for fiscal year 1997, including all of the terms and conditions and the
apportionment schedule imposed with respect to the appropriation made
or funds made available for fiscal year 1997 or authority granted for
the program, project, or activity under current law.
(b) Extent and Manner.--Appropriations made by this Act shall be
available to the extent and in the manner which would be provided by
the pertinent appropriations Act.
SEC. 4. COVERAGE.
Appropriations and funds made available, and authority granted, for
any program, project, or activity for fiscal year 1998 pursuant to this
Act shall cover all obligations or expenditures incurred for that
program, project, or activity during the portion of fiscal year 1998
for which this Act applies to that program, project, or activity.
SEC. 5. EXPENDITURES.
Expenditures made for a program, project, or activity for fiscal
year 1998 pursuant to this Act shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of fiscal year 1998 providing for that program, project, or
activity for that period becomes law.
SEC. 6. INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY.
No appropriation or funds made available or authority granted
pursuant to this Act shall be used to initiate or resume any program,
project, or activity for which appropriations, funds, or other
authority were not available during fiscal year 1997.
SEC. 7. PROTECTION OF OTHER OBLIGATIONS.
Nothing in this Act shall be construed to effect Government
obligations mandated by other law, including obligations with respect
to Social Security, Medicare, Medicaid, and veterans benefits.
SEC. 8. DEFINITION.
In this Act, the term ``regular appropriation bill'' means any
annual appropriation bill making appropriations, otherwise making funds
available, or granting authority, for any of the following categories
of programs, projects, and activities:
(1) Agriculture, rural development, and related agencies
programs.
(2) The Departments of Commerce, Justice, and State, the
judiciary, and related agencies.
(3) The Department of Defense.
(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the revenues
of the District.
(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
(6) The Departments of Veterans and Housing and Urban
Development, and sundry independent agencies, boards,
commissions, corporations, and offices.
(7) Energy and water development.
(8) Foreign assistance and related programs.
(9) The Department of the Interior and related agencies.
(10) Military construction.
(11) The Department of Transportation and related agencies.
(12) The Treasury Department, the U.S. Postal Service, the
Executive Office of the President, and certain independent
agencies.
(13) The legislative branch. | Government Shutdown Prevention Act - Provides for continuing appropriations in the absence of regular appropriations for FY 1998. | {"src": "billsum_train", "title": "Government Shutdown Prevention Act"} | 1,078 | 28 | 0.576308 | 1.43504 | 0.496601 | 1.578947 | 52.736842 | 0.842105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom for Refugees Escaping Enmity
(FREE) Act''.
SEC. 2. NULLIFICATION OF EFFECT OF EXECUTIVE ORDER.
(a) In General.--The Executive Order entitled ``Protecting the
Nation from Foreign Terrorist Entry into the United States'' (January
27, 2017) (``the Executive Order''), is null and void, shall have no
force or effect, and may not be implemented, administered, enforced, or
carried out.
(b) Effective Date.--Subsection (a) shall take effect as if enacted
concurrent with the execution of the Executive Order.
(c) No Funds Available.--No amounts (including fees) made available
to the Secretary of Homeland Security, or to any other official of a
Federal agency, by any Act for any fiscal year, may be used to
implement, administer, enforce, or carry out (including through the
issuance of any regulations) any of the policy changes set forth in the
Executive Order.
(d) Release of Aliens in Custody.--The Secretary of Homeland
Security shall release any alien in custody under the authority of the
Executive Order.
(e) Revoked Visas.--The Secretary of State shall ensure that any
visa or other documentation issued to an alien and revoked, or
provisionally revoked, under the authority of the Executive Order is
reinstated, reissued, or replaced, as appropriate, unless a consular
officer knows, or has reason to believe, that the alien is ineligible
to receive the visa or documentation under section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182) or any other provision
of the immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). The Secretary
of State shall ensure that, in the case of an alien who was unable to
apply for admission before the expiration of the validity of the
alien's visa by reason of the Executive Order, the visa is timely
renewed or replaced, as appropriate, in order to afford the alien an
opportunity to apply for admission, unless a consular officer knows, or
has reason to believe, that the alien is ineligible to receive the visa
or documentation under section 212 of the Immigration and Nationality
Act (8 U.S.C. 1182) or any other provision of the immigration laws (as
defined in section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17))).
(f) Visa Refusal.--The Secretary of State shall ensure that any
decision by a consular officer to refuse a visa or other documentation
under the authority of the Executive Order is reconsidered by the
consular officer in order to determine whether the consular officer
knows, or has reason to believe, that the alien is ineligible to
receive the visa or documentation under section 212 of the Immigration
and Nationality Act (8 U.S.C. 1182) or any other provision of the
immigration laws (as defined in section 101(a)(17) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(17))).
(g) No Effect on Immigration Status or Benefits.--The Executive
Order, and any action taken under the authority of the Executive Order,
shall not be considered to have modified or otherwise affected the
immigration status, or eligibility for any immigration benefit, under
the immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) of any person.
Section 206 the Immigration and Nationality Act (8 U.S.C. 1156),
section 212(a)(9)(A) of such Act (8 U.S.C. 1182(a)(9)(A)), and section
276 of such Act (8 U.S.C. 1326) shall not be construed to apply to any
denial of admission, removal, or departure from the United States under
the authority of the Executive Order. No alien may be adversely
affected for any withdrawal of an application for admission or other
voluntary departure from the United States initiated due to the
Executive Order. The registration of any alien may not be terminated
under section 203(g) of the Immigration and Nationality Act (8 U.S.C.
1153(g)) if the alien fails timely to apply for an immigrant visa by
reason of the Executive Order.
SEC. 3. NONDISCRIMINATION IN THE ISSUANCE OF IMMIGRANT VISAS BASED ON
RELIGION.
Section 202(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1152(a)(1)(A)) is amended by inserting ``religion or lack of
religious beliefs,'' after ``sex,''.
SEC. 4. PROHIBITION ON DENYING ADMISSION OR ENTRY BECAUSE OF RELIGION.
(a) In General.--Chapter 2 of title I of the Immigration and
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after
section 219 the following:
``SEC. 220. PROHIBITION ON DENYING ADMISSION OR ENTRY BECAUSE OF
RELIGION.
``Notwithstanding any other provision of the immigration laws, an
alien may not be denied entry, reentry, or admission to the United
States because of the alien's religion or lack of religious beliefs.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 219 the following:
``Sec. 220. Prohibition on denying admission or entry because of
religion.''.
SEC. 5. LIMITATION ON PRESIDENTIAL AUTHORITY.
Section 212(f) of the Immigration and Nationality Act (8 U.S.C.
1182(f)) is amended--
(1) by striking ``(f)'' and inserting ``(f)(1)''; and
(2) by adding at the end the following:
``(2)(A) Beginning on the date of the enactment of this paragraph,
the President, notwithstanding paragraph (1) and section 215(a)(1), may
not exercise the President's authority under such provisions so as to
modify the requirements under the immigration laws for entry, reentry,
or admission, as applied to an alien having, on the date of such
exercise of authority--
``(i) a valid and unexpired immigrant or nonimmigrant visa;
or
``(ii) valid and unexpired status as--
``(I) an alien lawfully admitted for permanent
residence;
``(II) a refugee who qualifies for admission, or
who has been admitted, under section 207(c)(1); or
``(III) an alien granted asylum.
``(B) Nothing in subparagraph (A) shall be construed to affect the
authorities under subsections (h) and (i) of section 221.''. | Freedom for Refugees Escaping Enmity (FREE) Act This bill nullifies Executive Order 13769, entitled "Protecting the Nation from Foreign Terrorist Entry into the United States." No federal funds may be used to implement or enforce any of the policy changes set forth in such order. Among the order's major provisions are restrictions on the entry of immigrants and nonimmigrants from seven countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) and additional limitations on refugee admissions to the United States. The Department of Homeland Security shall release any alien in custody under authority of such order. Visas or documentation that were revoked or refused under authority of such order shall be reissued or reconsidered as appropriate unless a consular officer knows, or has reason to believe, that the alien is ineligible to receive the visa or documentation under any provision of the immigration laws. The Immigration and Nationality Act is amended to prohibit an alien from being given immigration visa preference, being discriminated against, or being denied U.S. entry or admission based upon religion or lack of religious beliefs. The President may may not exercise his or her authority to suspend or restrict the U.S. entry of aliens or classes of aliens so as to modify the entry, reentry, or admission requirements of an alien having a valid and unexpired: (1) immigrant or nonimmigrant visa, or (2) refugee or legal permanent resident status. | {"src": "billsum_train", "title": "Freedom for Refugees Escaping Enmity (FREE) Act"} | 1,670 | 333 | 0.618525 | 1.949235 | 0.728776 | 3.205993 | 4.970037 | 0.82397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brittany Wilkinson Mitochondrial
Disease Research and Treatment Enhancement Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Mitochondrial disease results when there is a defect
that reduces the ability of the mitochondria in a cell to
produce energy. As mitochondria fail to produce enough energy,
the cells will cease to function properly and will eventually
die. Organ systems will begin to fail, and the life of the
individual is compromised or ended.
(2) There are more than 40 mitochondrial diseases.
(3) Mitochondrial diseases are a relatively newly diagnosed
group of diseases, first recognized in the late 1960s.
Diagnosis of these diseases is extremely difficult.
(4) Mitochondrial diseases can present themselves at any
age, with associated mortality rates that vary depending upon
the particular disease. The most severe diseases result in
progressive loss of neurological and liver function, and death
within several years.
(5) According to the National Institute of Environmental
Health Sciences, half of those affected by mitochondrial
disease are children, who show symptoms before age five and
approximately 80 percent of whom will not survive beyond the
age of 20.
(6) Mitochondrial dysfunction is also associated with
numerous other disorders, including many neurological diseases
(such as Parkinson's, Alzheimer's, ALS, and autism), and other
diseases associated with aging, diabetes, and cancer.
(7) Mitochondrial diseases are most commonly the result of
genetic mutation, either in the nuclear DNA or in the
mitochondrial DNA. Some mitochondrial diseases have been
attributable to environmental factors that interfere with
mitochondrial function.
(8) Researchers estimate that one in 4,000 children will
develop a mitochondrial disease related to an inherited
mutation by the age of 10 years, and that 1,000-2,000 children
are born each year in the United States who will develop
mitochondrial disease in their lifetimes. However, studies of
umbilical cord blood samples show that one in 200 children are
born with both normal and mutant mitochondrial DNA, and the
number of children with these mutations who actually develop a
disease is unknown.
(9) There are no cures for any of the specifically
identified mitochondrial diseases, nor is there a specific
treatment for any of these diseases.
(10) Improving our basic understanding of mitochondrial
function and dysfunction has potential application to numerous
areas of biomedical research. The National Institutes of Health
has taken an increased interest in mitochondrial disease and
dysfunction and has sponsored a number of activities in recent
years aimed at advancing mitochondrial medicine, including
incorporating research into functional variation in
mitochondria in the Transformative Research Grants Initiative.
(b) Purpose.--It is the purpose of this Act to promote an enhanced
research effort aimed at improved understanding of mitochondrial
disease and dysfunction and the development of treatments and cures for
mitochondrial disease.
SEC. 3. ENHANCEMENT OF RESEARCH AND TREATMENT ACTIVITIES RELATED TO
MITOCHONDRIAL DISEASE.
(a) Mitochondrial Disease Research Enhancement.--Part A of title IV
of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended--
(1) by redesignating section 404H as section 404I; and
(2) inserting after section 404G the following new section:
``SEC. 404H. OFFICE OF MITOCHONDRIAL DISEASE.
``(a) Establishment.--There is established within the Office of the
Director of NIH at the Division of Program Coordination, Planning and
Strategic Initiatives, an office to be known as the Office of
Mitochondrial Disease (in this section referred to as the `Office'),
which shall be headed by a Director (in this section referred to as the
`Director'), appointed by the Director of NIH.
``(b) Mitochondrial Disease Research Plan.--
``(1) In general.--The Director shall develop, make
publicly available, and implement a written plan to facilitate
and coordinate research into mitochondrial disease.
``(2) Contents.--The plan required under paragraph (1)
shall include the following objectives:
``(A) Improving coordination of research related to
mitochondrial disease among the national research
institutes and between the National Institutes of
Health and outside researchers.
``(B) Providing training to research scientists and
clinical researchers engaged in research related to
mitochondrial disease.
``(C) Conducting programs to provide information
and continuing education to health care providers
regarding the diagnosis of mitochondrial disease.
``(D) Ensuring relevant scientific review groups
contain individuals with expertise in mitochondrial
disease.
``(3) Consultation.--In developing the plan under paragraph
(1), the Director shall consult with--
``(A) the Director of the National Cancer
Institute;
``(B) the Director of the National Institute of
Child Health and Human Development;
``(C) the Director of the National Institute of
Environmental Health Sciences;
``(D) the Director of the National Heart, Lung, and
Blood Institute;
``(E) the Director of the National Institute of
Neurological Disorders and Stroke;
``(F) the Director of the National Institute of
Diabetes and Digestive and Kidney Diseases;
``(G) the Director of the National Eye Institute;
``(H) the Director of the National Institute of
Mental Health;
``(I) the Director of the National Institute of
Arthritis and Muscoloskeletal and Skin Diseases;
``(J) the Director of the National Human Genome
Research Institute; and
``(K) the heads of such other institutes and
offices as the Director considers appropriate.
``(4) Updates.--The Director shall update the plan required
under paragraph (1) on a biennial basis.
``(c) Research Grants.--In addition to any grants otherwise awarded
by the National Institutes of Health for research in mitochondrial
disease, the Director may award competitive, peer-reviewed grants--
``(1) for integrated, multi-project research programs
related to mitochondrial disease; and
``(2) for planning activities associated with integrated,
multi-project research programs related to mitochondrial
disease.
``(d) Centers of Excellence.--
``(1) In general.--The Director may award grants to
institutions or consortiums of institutions to establish
Mitochondrial Disease Centers of Excellence to promote
interdisciplinary research and training related to
mitochondrial disease.
``(2) Use of funds awarded.--A grant awarded under
paragraph (1) may be used to--
``(A) conduct basic and clinical research related
to mitochondrial disease;
``(B) facilitate training programs for research
scientists and health professionals seeking to engage
in research related to mitochondrial disease; and
``(C) develop and disseminate programs and
materials to provide continuing education to health
care professionals regarding the recognition,
diagnosis, and treatment of mitochondrial disease.
``(e) National Registry; Biorepository.--
``(1) National registry.--The Director of the Centers for
Disease Control and Prevention shall establish a national
registry for the maintenance and sharing for research purposes
of medical information collected from patients with
mitochondrial disease.
``(2) Biorepository.--The Director of the Centers for
Disease Control and Prevention shall establish a national
biorepository for the maintenance and sharing for research
purposes of tissues and DNA collected from patients with
mitochondrial disease.
``(f) Definition.--In this section, the term `mitochondrial
disease' means mitochondrial diseases, mutations, dysfunctions and
functions.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated, such sums as may be necessary to carry out this
section.''.
(b) Development of Mitochondrial Disease Research Plan.--The
Director of the Office of Mitochondrial Disease shall develop and make
publicly available the mitochondrial disease research plan required
under section 404H(b)(1) of the Public Health Service Act, as added by
subsection (a) of this section, not later than 180 days after the date
of the enactment of this Act. | Brittany Wilkinson Mitochondrial Disease Research and Treatment Enhancement Act - Amends the Public Health Service Act to establish the Office of Mitochondrial Disease within the National Institutes of Health (NIH). Requires the Director of the Office to develop, make publicly available, and implement a written plan to facilitate and coordinate research into mitochondrial disease.
Authorizes the Director to award grants for: (1) integrated, multi-project research programs related to mitochondrial disease and planning activities associated with such programs; and (2) the establishment of Mitochondrial Disease Centers of Excellence to promote interdisciplinary research and training related to mitochondrial disease.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to establish: (1) a national registry of medical information collected from patients with mitochondrial disease for research purposes; and (2) a national biodepository of tissues and DNA collected from patients with mitochondrial disease for research purposes. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish an Office of Mitochondrial Disease at the National Institutes of Health, and for other purposes."} | 1,795 | 206 | 0.481538 | 1.344074 | 0.662907 | 4.19186 | 9.563953 | 0.959302 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Facilitating Investments in Local
Markets Act'' or the ``FILM Act''.
SEC. 2. EXTENSION OF SPECIAL EXPENSING RULES FOR CERTAIN FILM AND
TELEVISION PRODUCTIONS; SPECIAL EXPENSING FOR LIVE
THEATRICAL PRODUCTIONS.
(a) In General.--Section 181(f) of the Internal Revenue Code of
1986 is amended by striking ``December 31, 2014'' and inserting
``December 31, 2016''.
(b) Application to Live Productions.--
(1) In general.--Section 181(a)(1) of such Code is amended
by inserting ``, and any qualified live theatrical
production,'' after ``any qualified film or television
production''.
(2) Conforming amendments.--Section 181 of such Code is
amended--
(A) by inserting ``or any qualified live theatrical
production'' after ``qualified film or television
production'' each place it appears in subsections
(a)(2), (b), and (c)(1),
(B) by inserting ``or qualified live theatrical
productions'' after ``qualified film or television
productions'' in subsection (f), and
(C) by inserting ``and live theatrical'' after
``film and television'' in the heading.
(3) Clerical amendment.--The item relating to section 181
in the table of sections for part VI of subchapter B of chapter
1 of such Code is amended to read as follows:
``Sec. 181. Treatment of certain qualified film and television and live
theatrical productions.''.
(c) Qualified Live Theatrical Production.--Section 181 of such Code
is amended--
(1) by redesignating subsections (e) and (f), as amended by
subsections (a) and (b), as subsections (f) and (g),
respectively, and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Qualified Live Theatrical Production.--For purposes of this
section--
``(1) In general.--The term `qualified live theatrical
production' means any production described in paragraph (2) if
75 percent of the total compensation of the production is
qualified compensation (as defined in subsection (d)(3)).
``(2) Production.--
``(A) In general.--A production is described in
this paragraph if such production is a live staged
production of a play (with or without music) which is
derived from a written book or script and is produced
or presented by a taxable entity in any venue which has
an audience capacity of not more than 3,000 or a series
of venues the majority of which have an audience
capacity of not more than 3,000.
``(B) Touring companies, etc.--In the case of
multiple live staged productions--
``(i) for which the election under this
section would be allowable to the same
taxpayer, and
``(ii) which are--
``(I) separate phases of a
production, or
``(II) separate simultaneous
stagings of the same production in
different geographical locations (not
including multiple performance
locations of any one touring
production),
each such live staged production shall be treated as a
separate production.
``(C) Phase.--For purposes of subparagraph (B), the
term `phase' with respect to any qualified live
theatrical production refers to each of the following,
but only if each of the following is treated by the
taxpayer as a separate activity for all purposes of
this title:
``(i) The initial staging of a live
theatrical production.
``(ii) Subsequent additional stagings or
touring of such production which are produced
by the same producer as the initial staging.
``(D) Exception.--A production is not described in
this paragraph if such production includes or consists
of any performance of conduct described in section
2257(h)(1) of title 18, United States Code.''.
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to productions commencing after December 31, 2014.
(2) Commencement.--For purposes of paragraph (1), the date
on which a qualified live theatrical production commences is
the date of the first public performance of such production for
a paying audience. | Facilitating Investments in Local Markets Act or the FILM Act Amends the Internal Revenue Code, with respect to the expensing of the costs of qualified film and television productions, to: (1) extend through 2016 provisions allowing such expensing, and (2) allow such expensing for the costs of certain live theatrical productions. | {"src": "billsum_train", "title": "FILM Act"} | 1,003 | 73 | 0.618852 | 1.444386 | 0.888513 | 2.066667 | 14.75 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Hospital Emergency Repair
Act''.
SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS FOR PATIENT
CARE IMPROVEMENTS.
(a) In General.--(1) The Secretary of Veterans Affairs is
authorized to carry out major medical facility projects in accordance
with this section, using funds appropriated for fiscal year 2002 or
fiscal year 2003 pursuant to section 3. The cost of any such project
may not exceed $25,000,000.
(2) Projects carried out under this section are not subject to
section 8104(a)(2) of title 38, United States Code.
(b) Purpose of Projects.--A project carried out pursuant to
subsection (a) may be carried out only at a Department of Veterans
Affairs medical center and only for the purpose of improving,
renovating, and updating to contemporary standards patient care
facilities. In selecting medical centers for projects under subsection
(a), the Secretary shall select projects to improve, renovate, or
update facilities to achieve one or more of the following:
(1) Seismic protection improvements related to patient
safety.
(2) Fire safety improvements.
(3) Improvements to utility systems and ancillary patient
care facilities.
(4) Improved accommodation for persons with disabilities,
including barrier-free access.
(5) Improvements to facilities carrying out specialized
programs of the Department, including the following:
(A) Blind rehabilitation centers.
(B) Facilities carrying out inpatient and
residential programs for seriously mentally ill
veterans, including mental illness research, education,
and clinical centers.
(C) Facilities carrying out residential and
rehabilitation programs for veterans with substance-use
disorders.
(D) Facilities carrying out physical medicine and
rehabilitation activities.
(E) Facilities providing long-term care, including
geriatric research, education, and clinical centers,
adult day care centers, and nursing home care
facilities.
(F) Facilities providing amputation care, including
facilities for prosthetics, orthotics programs, and
sensory aids.
(G) Spinal cord injury centers.
(H) Facilities carrying out traumatic brain injury
programs.
(I) Facilities carrying out women veterans' health
programs (including particularly programs involving
privacy and accommodation for female patients).
(J) Facilities for hospice and palliative care
programs.
(c) Review Process.--(1) Before a project is submitted to the
Secretary with a recommendation that it be approved as a project to be
carried out under the authority of this section, the project shall be
reviewed by an independent board within the Department of Veterans
Affairs constituted by the Secretary to evaluate capital investment
projects. The board shall review each such project to determine the
project's relevance to the medical care mission of the Department and
whether the project improves, renovates, and updates patient care
facilities of the Department in accordance with this section.
(2) In selecting projects to be carried out under the authority of
this section, the Secretary shall consider the recommendations of the
board under paragraph (1). In any case in which the Secretary selects a
project to be carried out under this section that was not recommended
for approval by the board under paragraph (1), the Secretary shall
include in the report of the Secretary under section 4(b) notice of
such selection and the Secretary's reasons for not following the
recommendation of the board with respect to the project.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Veterans Affairs for the Construction, Major Projects,
account for projects under section 2--
(1) $250,000,000 for fiscal year 2002; and
(2) $300,000,000 for fiscal year 2003.
(b) Limitation.--Projects may be carried out under section 2 only
using funds appropriated pursuant to the authorization of
appropriations in subsection (a).
SEC. 4. REPORTS.
(a) GAO Report.--Not later than April 1, 2003, the Comptroller
General shall submit to the Committees on Veterans' Affairs and on
Appropriations of the Senate and House of Representatives a report
evaluating the advantages and disadvantages of congressional
authorization for projects of the type described in section 2(b)
through general authorization as provided by section 2(a), rather than
through specific authorization as would otherwise be applicable under
section 8104(a)(2) of title 38, United States Code. Such report shall
include a description of the actions of the Secretary of Veterans
Affairs during fiscal year 2002 to select and carry out projects under
section 2.
(b) Secretary Report.--Not later than 120 days after the date on
which the site for the final project under section 2 is selected, the
Secretary shall submit to the committees referred to in subsection (a)
a report on the authorization process under section 2. The Secretary
shall include in the report the following:
(1) A listing by project of each project selected by the
Secretary under that section, together with a prospectus
description of the purposes of the project, the estimated cost
of the project, and a statement attesting to the review of the
project under section 2(c), and, if that project was not
recommended by the board, the Secretary's justification under
section 2(d) for not following the recommendation of the board.
(2) An assessment of the utility to the Department of
Veterans Affairs of the authorization process.
(3) Such recommendations as the Secretary considers
appropriate for future congressional policy for authorizations
of major and minor medical facility construction projects for
the Department.
(4) Any other matter that the Secretary considers to be
appropriate with respect to oversight by Congress of capital
facilities projects of the Department. | Veterans' Hospital Emergency Repair Act - Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects at Department of Veterans Affairs medical centers for improving, renovating, and updating patient care facilities. Requires the Secretary to use FY 2002 or 2003 appropriated funds for such purpose. Limits to $25 million the cost of any single project. Requires an independent board within the Department to review projects before their selection. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Veterans Affairs to carry out construction projects for the purpose of improving, renovating, and updating patient care facilities at Department of Veterans Affairs medical centers."} | 1,196 | 91 | 0.493173 | 1.314331 | 1.175046 | 2.936709 | 14.797468 | 0.886076 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Schools Improvement Act of
2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Bullying and harassment foster a climate of fear and
disrespect that can seriously impair the physical and
psychological health of its victims and create conditions that
negatively affect learning, thereby undermining the ability of
students to achieve their full potential.
(2) Bullying and harassment contribute to high dropout
rates, increased absenteeism, and academic underachievement.
(3) Bullying and harassment include a range of behaviors
that negatively impact a student's ability to learn and
participate in educational opportunities and activities that
schools offer. Such behaviors can include hitting or punching,
name-calling, intimidation through gestures or social
exclusion, and sending insulting or offensive messages through
electronic communications, such as internet sites, e-mail,
instant messaging, mobile phones and messaging, telephone, or
any other means.
(4) Schools with enumerated anti-bullying and harassment
policies have an increased level of reporting and teacher
intervention in incidents of bullying and harassment, thereby
reducing the overall frequency and number of such incidents.
(5) Students have been particularly singled out for
bullying and harassment on the basis of their actual or
perceived race, color, national origin, sex, disability status,
sexual orientation, gender identity, or religion, among other
categories.
(6) Some young people experience a form of bullying called
relational aggression or psychological bullying, which harms
individuals by damaging, threatening, or manipulating their
relationships with their peers, or by injuring their feelings
of social acceptance.
(7) Interventions to address bullying and harassment
conduct to create a positive and safe school climate, combined
with evidence-based discipline policies and practices, such as
Positive Behavior Interventions and Supports (PBIS) and
restorative practices, can minimize suspensions, expulsions,
and other exclusionary discipline policies to ensure that
students are not ``pushed-out'' or diverted to the juvenile
justice system.
(8) According to one poll, 85 percent of Americans strongly
support or somewhat support a Federal law to require schools to
enforce specific rules to prevent bullying.
(9) Students, parents, educators, and policymakers have
come together to call for leadership and action to address the
national crisis of bullying and harassment.
SEC. 3. SAFE SCHOOLS IMPROVEMENT.
(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--SAFE SCHOOLS IMPROVEMENT
``SEC. 4401. PURPOSE.
``The purpose of this part is to address the problem of bullying
and harassment conduct of students in public elementary schools and
secondary schools.
``SEC. 4402. ANTI-BULLYING POLICIES.
``(a) Bullying.--In this part, the term `bullying' includes cyber-
bullying through electronic communications.
``(b) Policies.--A State that receives a grant under this title
shall require all local educational agencies in the State to carry out
the following:
``(1) Establish policies that prevent and prohibit conduct,
including bullying and harassment, that is sufficiently severe,
persistent, or pervasive--
``(A) to limit a student's ability to participate
in, or benefit from, a program or activity of a public
school or local educational agency; or
``(B) to create a hostile or abusive educational
environment, adversely affecting a student's education,
at a program or activity of a public school or local
educational agency, including acts of verbal,
nonverbal, or physical aggression or intimidation.
``(2) The policies required under paragraph (1) shall
include a prohibition of bullying or harassment conduct based
on--
``(A) a student's actual or perceived race, color,
national origin, sex, disability, sexual orientation,
gender identity, or religion;
``(B) the actual or perceived race, color, national
origin, sex, disability, sexual orientation, gender
identity, or religion of a person with whom a student
associates or has associated; or
``(C) any other distinguishing characteristics that
may be defined by the State or local educational
agency, including being homeless or the child or ward
of a member of the Armed Forces.
``(3) Provide--
``(A) annual notice to students, parents, and
educational professionals describing the full range of
prohibited conduct contained in such local educational
agency's discipline policies; and
``(B) grievance procedures for students or parents
to register complaints regarding the prohibited conduct
contained in such local educational agency's discipline
policies, including--
``(i) the name of the local educational
agency officials who are designated as
responsible for receiving such complaints; and
``(ii) timelines that the local educational
agency will establish in the resolution of such
complaints.
``(4) Collect annual incidence and frequency of incidents
data about the conduct prohibited by the policies described in
paragraph (1) at the school building level that are accurate
and complete and publicly report such data at the school level
and local educational agency level. The local educational
agency shall ensure that victims or persons responsible for
such conduct are not identifiable.
``(5) Encourage positive and preventative approaches to
school discipline that minimize students' removal from
instruction and ensure that students, including students
described in paragraph (2), are not subject to disproportionate
punishment.
``SEC. 4403. STATE REPORTS.
``The chief executive officer of a State that receives a grant
under this title, in cooperation with the State educational agency,
shall submit a biennial report to the Secretary--
``(1) on the information reported by local educational
agencies in the State pursuant to section 4402(b)(5); and
``(2) describing the State's plans for supporting local
educational agency efforts to address the conduct prohibited by
the policies described in section 4402(b)(1).
``SEC. 4404. EVALUATION.
``(a) Biennial Evaluation.--The Secretary shall conduct an
independent biennial evaluation of programs and policies to combat
bullying and harassment in elementary schools and secondary schools,
including implementation of the requirements described in section 4402,
including whether such requirements have appreciably reduced the level
of the prohibited conduct and have conducted effective parent
involvement and training programs.
``(b) Data Collection.--The Commissioner for Education Statistics
shall collect data from States, that are subject to independent review,
to determine the incidence and frequency of conduct prohibited by the
policies described in section 4402.
``(c) Biennial Report.--Not later than January 1, 2015, and every 2
years thereafter, the Secretary shall submit to the President and
Congress a report on the findings of the evaluation conducted under
subsection (a) together with the data collected under subsection (b)
and data submitted by the States under section 4403.
``SEC. 4405. EFFECT ON OTHER LAWS.
``(a) Federal and State Nondiscrimination Laws.--Nothing in this
part shall be construed to invalidate or limit rights, remedies,
procedures, or legal standards available to victims of discrimination
under any other Federal law or law of a State or political subdivision
of a State, including title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of
1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part
are in addition to those imposed by title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
``(b) Free Speech and Expression Laws.--Nothing in this part shall
be construed to alter legal standards regarding, or affect the rights
(including remedies and procedures) available to individuals under,
other Federal laws that establish protections for freedom of speech or
expression.
``SEC. 4406. RULE OF CONSTRUCTION.
``Nothing in this part shall be construed to prohibit a State or
local entity from enacting any law with respect to the prevention of
bullying or harassment of students that is not inconsistent with this
part.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 4304 the following:
``Part D--Safe Schools Improvement
``Sec. 4401. Purpose.
``Sec. 4402. Anti-bullying policies.
``Sec. 4403. State reports.
``Sec. 4404. Evaluation.
``Sec. 4405. Effect on other laws.
``Sec. 4406. Rule of construction.''. | Safe Schools Improvement Act of 2013 - Amends the Elementary and Secondary Education Act of 1965 to require states to direct their local educational agencies (LEAs) to establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive to: (1) limit students' ability to participate in, or benefit from school programs; or (2) create a hostile or abusive educational environment that adversely affects their education. Requires LEAs to also provide: (1) students, parents, and educational professionals with annual notice of the conduct prohibited in their discipline policies; (2) students and parents with grievance procedures that target such conduct; (3) the public with annual data on the incidence and frequency of that conduct at the school and LEA level; and (4) discipline policies that minimize the removal of students from instruction and prevent disproportionate punishment. Requires: (1) the Secretary of Education to conduct, and report on, an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools; and (2) the Commissioner for Education Statistics to collect state data, that are subject to independent review, to determine the incidence and frequency of the conduct prohibited by LEA discipline policies. | {"src": "billsum_train", "title": "Safe Schools Improvement Act of 2013"} | 2,073 | 251 | 0.545785 | 1.644673 | 0.882142 | 3.516529 | 7.904959 | 0.946281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Tax Freedom Act Amendments
Act of 2007''.
SEC. 2. MORATORIUM.
The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended--
(1) in section 1101(a) by striking ``2007'' and inserting
``2014'', and
(2) in section 1104(a)(2)(A) by striking ``2007'' and inserting
``2014''.
SEC. 3. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS.
Section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note)
is amended by adding at the end the following:
``(c) Application of Definition.--
``(1) In general.--Effective as of November 1, 2003--
``(A) for purposes of subsection (a), the term `Internet
access' shall have the meaning given such term by section
1104(5) of this Act, as enacted on October 21, 1998; and
``(B) for purposes of subsection (b), the term `Internet
access' shall have the meaning given such term by section
1104(5) of this Act as enacted on October 21, 1998, and amended
by section 2(c) of the Internet Tax Nondiscrimination Act
(Public Law 108-435).
``(2) Exceptions.--Paragraph (1) shall not apply until June 30,
2008, to a tax on Internet access that is--
``(A) generally imposed and actually enforced on
telecommunications service purchased, used, or sold by a
provider of Internet access, but only if the appropriate
administrative agency of a State or political subdivision
thereof issued a public ruling prior to July 1, 2007, that
applied such tax to such service in a manner that is
inconsistent with paragraph (1); or
``(B) the subject of litigation instituted in a judicial
court of competent jurisdiction prior to July 1, 2007, in which
a State or political subdivision is seeking to enforce, in a
manner that is inconsistent with paragraph (1), such tax on
telecommunications service purchased, used, or sold by a
provider of Internet access.
``(3) No inference.--No inference of legislative construction
shall be drawn from this subsection or the amendments to section
1105(5) made by the Internet Tax Freedom Act Amendments Act of 2007
for any period prior to June 30, 2008, with respect to any tax
subject to the exceptions described in subparagraphs (A) and (B) of
paragraph (2).''.
SEC. 4. DEFINITIONS.
Section 1105 of the Internet Tax Freedom Act (47 U.S.C. 151 note)
is amended--
(1) in paragraph (1) by striking ``services'',
(2) by amending paragraph (5) to read as follows:
``(5) Internet access.--The term `Internet access'--
``(A) means a service that enables users to connect to the
Internet to access content, information, or other services
offered over the Internet;
``(B) includes the purchase, use or sale of
telecommunications by a provider of a service described in
subparagraph (A) to the extent such telecommunications are
purchased, used or sold--
``(i) to provide such service; or
``(ii) to otherwise enable users to access content,
information or other services offered over the Internet;
``(C) includes services that are incidental to the
provision of the service described in subparagraph (A) when
furnished to users as part of such service, such as a home
page, electronic mail and instant messaging (including voice-
and video-capable electronic mail and instant messaging), video
clips, and personal electronic storage capacity;
``(D) does not include voice, audio or video programming,
or other products and services (except services described in
subparagraph (A), (B), (C), or (E)) that utilize Internet
protocol or any successor protocol and for which there is a
charge, regardless of whether such charge is separately stated
or aggregated with the charge for services described in
subparagraph (A), (B), (C), or (E); and
``(E) includes a homepage, electronic mail and instant
messaging (including voice- and video-capable electronic mail
and instant messaging), video clips, and personal electronic
storage capacity, that are provided independently or not
packaged with Internet access.'';
(3) by amending paragraph (9) to read as follows:
``(9) Telecommunications.--The term `telecommunications' means
`telecommunications' as such term is defined in section 3(43) of
the Communications Act of 1934 (47 U.S.C. 153(43)) and
`telecommunications service' as such term is defined in section
3(46) of such Act (47 U.S.C. 153(46)), and includes communications
services (as defined in section 4251 of the Internal Revenue Code
of 1986 (26 U.S.C. 4251)).'', and
(4) in paragraph (10) by adding at the end the following:
``(C) Specific exception.--
``(i) Specified taxes.--Effective November 1, 2007, the
term `tax on Internet access' also does not include a State
tax expressly levied on commercial activity, modified gross
receipts, taxable margin, or gross income of the business,
by a State law specifically using one of the foregoing
terms, that--
``(I) was enacted after June 20, 2005, and before
November 1, 2007 (or, in the case of a State business
and occupation tax, was enacted after January 1, 1932,
and before January 1, 1936);
``(II) replaced, in whole or in part, a modified
value-added tax or a tax levied upon or measured by net
income, capital stock, or net worth (or, is a State
business and occupation tax that was enacted after
January 1, 1932 and before January 1, 1936);
``(III) is imposed on a broad range of business
activity; and
``(IV) is not discriminatory in its application to
providers of communication services, Internet access,
or telecommunications.
``(ii) Modifications.--Nothing in this subparagraph
shall be construed as a limitation on a State's ability to
make modifications to a tax covered by clause (i) of this
subparagraph after November 1, 2007, as long as the
modifications do not substantially narrow the range of
business activities on which the tax is imposed or
otherwise disqualify the tax under clause (i).
``(iii) No inference.--No inference of legislative
construction shall be drawn from this subparagraph
regarding the application of subparagraph (A) or (B) to any
tax described in clause (i) for periods prior to November
1, 2007.''.
SEC. 5. CONFORMING AMENDMENTS.
(a) Accounting Rule.--Section 1106 of the Internet Tax Freedom Act
(47 U.S.C. 151 note) is amended--
(1) by striking ``telecommunications services'' each place it
appears and inserting ``telecommunications'', and
(2) in subsection (b)(2)--
(A) in the heading by striking ``services'',
(B) by striking ``such services'' and inserting ``such
telecommunications'', and
(C) by inserting before the period at the end the
following: ``or to otherwise enable users to access content,
information or other services offered over the Internet''.
(b) Voice Services.--The Internet Tax Freedom Act (47 U.S.C. 151
note) is amended by striking section 1108.
SEC. 6. SUNSET OF GRANDFATHER PROVISIONS.
Section 1104(a) of the Internet Tax Freedom Act is amended by
adding at the end thereof the following:
``(3) Exception.--Paragraphs (1) and (2) shall not apply to any
State that has, more than 24 months prior to the date of enactment
of this paragraph, enacted legislation to repeal the State's taxes
on Internet access or issued a rule or other proclamation made by
the appropriate agency of the State that such State agency has
decided to no longer apply such tax to Internet access.''.
SEC. 7. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
November 1, 2007, and shall apply with respect to taxes in effect as of
such date or thereafter enacted, except as provided in section 1104 of
the Internet Tax Freedom Act (47 U.S.C. 151 note).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Internet Tax Freedom Act Amendments Act of 2007 - Amends the Internet Tax Freedom Act to extend until November 1, 2014, the moratorium on state and local taxation of Internet access and electronic commerce (moratorium) and the exemption from such moratorium for states with previously enacted Internet tax laws (grandfathering provisions).
Redefines, effective November 1, 2003, "Internet access" to prevent certain states from claiming an expanded exemption under the Internet Tax Nondiscrimination Act from the moratorium. Delays the application of such redefinition until June 30, 2008, for a state or local tax on Internet access that is: (1) generally imposed and actually enforced on telecommunication services; or (2) the subject of litigation instituted in a state court prior to July 1, 2007.
Expands the term "Internet access" to include related communication services (e.g., emails and instant messaging). Redefines "telecommunications" to include unregulated non-utility telecommunications (e.g., cable services).
Provides for a specific exception to the moratorium for certain state business taxes enacted between June 20, 2005, and before November 1, 2007, that do not discriminate against providers of communication services, Internet access, or telecommunications.
Renders inapplicable the grandfather provisions of the Internet Tax Freedom Act for states that repealed or nullified their tax laws on Internet access more than 24 months prior to the enactment of this Act.
Makes the amendments made by this Act effective November 1, 2007. | {"src": "billsum_train", "title": "To amend the Internet Tax Freedom Act to extend the moratorium on certain taxes relating to the Internet and to electronic commerce."} | 1,958 | 331 | 0.637202 | 1.907921 | 0.740512 | 2.892857 | 6.410714 | 0.828571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``50 State Capitols Commemorative
Currency Program''.
SEC. 2. 50 STATE CAPITOLS COMMEMORATIVE CURRENCY PROGRAM.
Section 5114 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(d) 50 State Capitols Commemorative Currency Program.--
``(1) Redesign beginning in 2005.--
``(A) In general.--In addition to the requirements
of subsection (b) (relating to the inclusion of the
inscription `In God We Trust' on all United States
currency) and the 8th undesignated paragraph of section
16 of the Federal Reserve Act, during the 10-year
period beginning on January 1, 2005, the center panel
of the reverse side of the $1 Federal reserve notes
shall incorporate designs selected in accordance with
this subsection which are emblematic of the capitols or
statehouses of the 50 States.
``(B) Transition provision.--Notwithstanding
subparagraph (A), the Secretary may continue to print,
and the Board to issue, $1 Federal reserve notes in
2005 which bear the design in effect before the
redesign required under this subsection as required to
ensure a smooth transition into the 10-year program
under this subsection.
``(2) Single state designs.--The design on the center panel
of the reverse side of each $1 Federal reserve note issued
during the 10-year period referred to in paragraph (1) shall be
emblematic of the capitol or statehouse of 1 of the 50 States.
``(3) Issuance of notes commemorating 5 states during each
of the 10 years.--
``(A) In general.--The designs for the $1 Federal
reserve notes issued during each year of the 10-year
period referred to in paragraph (1) shall be emblematic
of 5 States selected in the order in which such States
ratified the Constitution of the United States or were
admitted into the Union, as the case may be.
``(B) Number of each of 5 designs in each year.--Of
the $1 Federal reserve notes issued during each year of
the 10-year period referred to in paragraph (1), the
Board shall prescribe, in accordance with section 16 of
the Federal Reserve Act and on the basis of such
factors as the Board determines to be appropriate, the
number of $1 Federal reserve notes which shall be
issued with each of the 5 designs selected for such
year.
``(4) Selection of design.--
``(A) In general.--Each of the 50 designs required
under this subsection for $1 Federal reserve notes
shall be--
``(i) selected by the Secretary after
consultation with--
``(I) the Governor of the State
whose capitol or statehouse is being
commemorated, or such other State
officials or group as the State may
designate for such purpose; and
``(II) the Commission of Fine Arts;
and
``(ii) reviewed by the Board and the
Citizens Coinage Advisory Committee.
``(B) Selection and approval process.--Designs for
$1 Federal reserve notes may be submitted in accordance
with the design selection and approval process
developed by the Secretary in the sole discretion of
the Secretary.
``(C) Participation.--The Secretary may include
participation by State officials, artists from the
States, engravers of the United States Mint, and
members of the general public.
``(D) Standards.--Because it is important that the
Nation's coinage and currency bear dignified designs of
which the citizens of the United States can be proud,
the Secretary shall not select any frivolous or
inappropriate design for any $1 Federal reserve note
subject to this subsection.
``(E) Prohibition on certain representations.--No
head and shoulders portrait or bust of any person,
living or dead, and no portrait of a living person may
be included in the design of a State capitol or
statehouse on any $1 Federal reserve note under this
subsection.
``(5) Application in event of the admission of additional
states.--If any additional State is admitted into the Union
before the end of the 10-year period referred to in paragraph
(1), the Secretary of the Treasury may print, and the Board
issue, $1 Federal reserve notes, in accordance with this
subsection, with a design which is emblematic of the capitol or
statehouse of such State during any 1 year of such 10-year
period, in addition to the $1 Federal reserve notes issued
during such year in accordance with paragraph (3)(A).
``(6) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Board.--The term `Board' means the Board of
Governors of the Federal Reserve System.
``(B) Secretary.--The term `Secretary' means the
Secretary of the Treasury.''. | 50 State Capitols Commemorative Currency Program - Amends Federal law governing coinage to declare that during the ten-year period beginning on January 1, 2005, the center panel of the reverse side of the $1 Federal reserve notes shall incorporate designs emblematic of the capitols or statehouses of the 50 States, with five States selected each year in the order in which they ratified the Constitution of the United States or were admitted into the Union.
Proscribes representation of any head and shoulders portrait or bust of any person, living or dead, or any portrait of a living person in the design of a State capitol or statehouse on any such $1 Federal reserve note. | {"src": "billsum_train", "title": "To create a commemorative currency program featuring each of the 50 State capitols or statehouses on the $1 Federal reserve note, and for other purposes."} | 1,055 | 144 | 0.656913 | 1.832476 | 0.710902 | 5.68254 | 8.02381 | 0.920635 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Cruise Ship Tourism
Act of 1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastwise trade.--The term ``coastwise trade'' means
transportation of a passenger between points in the United
States, either directly or by way of a foreign point.
(2) Cruise ship.--The term ``cruise ship'' means a self-
propelled ship that--
(A) is of at least 9,000 gross tons (as measured
under chapter 143 of title 46, United States Code) and
has a stateroom or berth capacity of at least 200
passengers;
(B) provides a full range of accommodations,
entertainment, dining, and other services for its
passengers; and
(C) does not operate as a ferry providing
intrastate or interstate commuter service for
passengers, vehicles or other cargo for compensation.
(3) Documented vessel.--The term ``documented vessel'' has
the same meaning as that term is defined in section 2101 of
title 46, United States Code.
(4) Person.--The term ``person'' means a corporation,
partnership, limited liability company, association, or other
entity, the controlling interest of which is owned by citizens
of the United States within the meaning of section 2(a) of the
Shipping Act, 1916 (46 U.S.C. App. 802(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. EMPLOYMENT OF FOREIGN-BUILT, U.S.-FLAG CRUISE SHIPS IN THE
COASTWISE TRADE.
(a) In General.--Notwithstanding section 12106(a)(2) of title 46,
United States Code, section 27 of the Merchant Marine Act, 1920 (46
U.S.C. App. 883), and section 8 of the Act of June 19, 1886 (46 U.S.C.
App. 289), the Secretary may issue a certificate of documentation with
coastwise endorsement for a cruise ship not built in the United States,
or if rebuilt, not rebuilt in the United States, to a person that is an
owner or operator of such cruise ship.
(b) Limitations.--
(1) A certificate of documentation with coastwise
endorsement may be issued pursuant to subsection (a) of this
section only for a cruise ship that was built or rebuilt not
more than 10 years before the date of enactment of this Act.
(2) A certificate of documentation with coastwise
endorsement may be issued pursuant to subsection (a) of this
section only for a cruise ship that--
(A) is of at least 20,000 gross tons (as measured
under chapter 143 of title 46, United States Code); or
(B) has a stateroom or berth capacity of at least
800 passengers.
(3) Certificates of documentation with coastwise
endorsement may be issued pursuant to subsection (a) of this
section for not more than 3 cruise ships.
(4) The Secretary may require any additional appropriate
conditions the Secretary deems necessary.
(b) Construction Standards.--
(1) Certificate of inspection.--A cruise ship issued a
certificate of documentation with coastwise endorsement
pursuant to subsection (a) of this section shall be eligible
for a certificate of inspection (as prescribed by 46 U.S.C.
3309) if the Secretary determines that--
(A) the cruise ship is classed by and designed in
accordance with the rules of a classification society
accepted by the Secretary;
(B) the cruise ship complies with applicable
international agreements and associated guidelines, as
determined by the Secretary. Additionally, such cruise
ship shall be equipped with automatic sprinkler and
fire detection systems meeting the requirements of the 1992 Amendments
to the Safety of Life at Sea Convention of 1974 (SOLAS 74) throughout
all service and accommodation spaces; and
(2) Continued eligibility for certificate.--Paragraph (1)
of this subsection does not apply to any cruise ship after any
date on which the cruise ship fails to comply with the
applicable international agreements and associated guidelines
described in paragraph (1)(B) of this subsection.
(3) Reliance on classification society.--The Secretary may
rely on a certification from a classification society accepted
by the Secretary to establish that the cruise ship is in
compliance with the requirements of paragraphs (1) and (2) of
this subsection.
(d) Foreign transfer.--Notwithstanding section 9(c) of the Shipping
Act, 1916 (46 U.S.C. App. 808), a coastwise qualified United States-
flag, foreign-built cruise ship may be placed under foreign registry
without the approval of the Secretary any time after its documentation
under subsection (a)(1) of this section. The Secretary shall revoke the
coastwise endorsement of any such cruise ship when it is placed under
foreign registry.
SEC. 4. LIMITED EMPLOYMENT OF FOREIGN-FLAG CRUISE SHIPS IN THE
COASTWISE TRADE OF THE UNITED STATES.
(a) In General.--Notwithstanding section 12106 of title 46, United
States Code, section 27 of the Merchant Marine Act, 1920 (46 U.S.C.
App. 883), and section 8 of the Act of June 19, 1886 (46 U.S.C. App.
289), the Secretary may approve the employment in the coastwise trade
of the United States of a cruise ship that is not a documented vessel
(hereinafter referred to as a ``coast-wise qualified foreign-flag
cruise ship'')
(b) Limitations.--
(1) Repositionings. A coastwise qualified foreign-flag
cruise ship may be employed in the coastwise trade during each
calendar year for not more than 2 voyages, the coastwise trade
portion of which does not exceed 2 weeks and includes
transportation of passengers for hire--
(A) from one coast of the United States through the
Panama Canal to another coast of the United States; or
(B) along one coast of the United States during a
voyage between 2 foreign countries.
(2) Charters.--
(A) 30-day limit.--Not more than 30 coastwise
qualified foreign-flag cruise ships may be employed in
the coastwise trade for not more than 30 days per
cruise ship during a calendar year.
(B) Eligible charterers.--A coastwise qualified
foreign-flag cruise ship may only be employed in the
coastwise trade under subparagraph (A) if such
coastwise qualified foreign-flag cruise ship is time-
chartered to a charterer that--
(i) does not own or operate a cruise ship;
or
(ii) is not affiliated with an owner or
operator of a cruise ship.
(C) Exception to 30-day limit.--A coastwise
qualified foreign-flag cruise ship may be authorized to
be employed in the coastwise trade for more than 30
days during a calendar year if fewer than 30 requests
for coastwise trade employment authority under
subparagraph (A) are received by the Secretary for a
calendar year.
SEC. 5. REPORT.
Not later than January 1, 2004, the Secretary shall report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives on the development of the domestic cruise ship trade
since the date of enactment of this Act and make recommendations
concerning the expansion or termination of authorities enacted by this
Act. | United States Cruise Ship Tourism Act of 1998 - Authorizes the Secretary of Transportation to issue to an owner or operator a certificate of documentation with coastwise endorsement for up to three cruise ships of specified tonnage and passenger capacity which were not built or rebuilt in the United States.
Makes a cruise ship with such a certificate eligible for a certificate of inspection if the Secretary determines that: (1) the cruise ship is classed by and designed in accordance with the rules of a classification society accepted by the Secretary; and (2) the cruise ship complies with applicable international agreements and associated guidelines, including being equipped with automatic sprinkler and fire detection systems that meet certain standards.
Authorizes a coastwise qualified U.S.-flag, foreign-built cruise ship to be placed under foreign registry without the approval of the Secretary any time after its certificate of documentation. Requires the Secretary to revoke the coastwise endorsement of such cruise ship when it is placed under foreign registry.
Authorizes the Secretary to approve the employment in the U.S. coastwise trade of a cruise ship that is not a documented vessel (coastwise qualified foreign-flag cruise ship). Sets forth certain limitations with respect to such cruise ships. Directs the Secretary to report to specified congressional committees on the development of the domestic cruise ship trade since the enactment of this Act, and make recommendations concerning the expansion or termination of authorities it enacts. | {"src": "billsum_train", "title": "United States Cruise Ship Tourism Act of 1998"} | 1,632 | 310 | 0.55236 | 1.702064 | 0.81741 | 4.278195 | 5.503759 | 0.887218 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notch Baby Act of 1997''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
Section 215(a) of the Social Security Act is amended--
(1) in paragraph (4)(B), by inserting ``(with or without
the application of paragraph (8))'' after ``would be made'';
and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraph (F) of this paragraph), the amount of the
individual's primary insurance amount as computed or recomputed under
paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the excess under former law, by
``(ii) the applicable percentage in relation to the year in
which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
``If the individual
becomes eligible for
The applicable
such benefits in:
percentage is:
1979............................... 60 percent
1980............................... 35 percent
1981............................... 30 percent
1982............................... 25 percent
1983............................... 10 percent.
``(C) For purposes of subparagraph (B), the term `excess under
former law' means, in the case of any individual, the excess of--
``(i) the applicable former law primary insurance amount,
over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable
former law primary insurance amount' means, in the case of any
individual, the amount which would be such individual's primary
insurance amount if it were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.''.
SEC. 3. EFFECTIVE DATE AND RELATED RULES.
(a) Applicability of Amendments.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this Act shall be effective as though they
had been included or reflected in section 201 of the Social
Security Amendments of 1977.
(2) Prospective applicability.--No monthly benefit or
primary insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for any
month before January 1998.
(b) Recomputation To Reflect Benefit Increases.--In any case in
which an individual is entitled to monthly insurance benefits under
title II of the Social Security Act for December 1997, if such benefits
are based on a primary insurance amount computed--
(1) under section 215 of such Act as in effect (by reason
of the Social Security Amendments of 1977) after December 1978,
or
(2) under section 215 of such Act as in effect prior to
January 1979 by reason of subsection (a)(4)(B) of such section
(as amended by the Social Security Amendments of 1977),
the Secretary of Health and Human Services (notwithstanding section
215(f)(1) of the Social Security Act) shall recompute such primary
insurance amount so as to take into account the amendments made by this
Act. | Notch Baby Act of 1997 - Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals who reached age 65 in or after 1982 and to whom applies the period of transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977.
Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 60 percent to ten percent keyed to the year an individual became eligible for such benefits between 1979 and 1983. | {"src": "billsum_train", "title": "Notch Baby Act of 1997"} | 1,200 | 125 | 0.540552 | 1.382115 | 0.42581 | 1.731481 | 9.861111 | 0.75 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Every Child Counts Act''.
SEC. 2. ALTERNATE STANDARDS AND ASSESSMENTS FOR STUDENTS WITH THE MOST
SIGNIFICANT COGNITIVE DISABILITIES.
Section 1111 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``The'' and inserting ``Except as provided in
subparagraph (G), the''; and
(ii) by adding at the end the following:
``(G) Alternate academic achievement standards for
students with the most significant cognitive
disabilities.--
``(i) In general.--The State may, through a
documented and validated standards-setting
process, adopt alternate academic achievement
standards in any subject included in the
State's accountability system under paragraph
(2) for students with the most significant
cognitive disabilities, if such alternate
academic achievement standards--
``(I) are aligned with the State
challenging academic content standards
and challenging student academic
achievement standards;
``(II) provide access to the
general curriculum for the grade in
which the student is enrolled;
``(III) are vertically aligned to
ensure that a student who achieves at
the on-target or advanced level under
subclause (VI) signifies that the
student is on track to access a
postsecondary education or achieve
competitive integrated employment, as
defined under section 3 of the
Workforce Innovation and Opportunity
Act (Public Law 113-128; 128 Stat.
1425);
``(IV) are supported by evidence-
based learning progressions to age and
grade-level performance;
``(V) are designated in the
individualized education program
developed under section 614(d)(3) of
the Individuals with Disabilities
Education Act for each such student as
the academic achievement standard that
will be used for the student; and
``(VI) establish, at a minimum--
``(aa) 2 levels of high
achievement (on-target and
advanced) that indicate that a
student with the most
significant cognitive
disabilities meets or exceeds
the State's proficient level of
academic achievement under
paragraph (2)(L) as measured by
performance on alternate
assessments under paragraph
(3)(E); and
``(bb) a third level of
achievement (catch-up) that
provides information about the
progress of a student with the
most significant cognitive
disabilities toward meeting the
State's proficient level of
academic achievement under
paragraph (2)(L) as measured by
performance on alternate
assessments under paragraph
(3)(E).
``(ii) Prohibition on any other alternate
or modified standards.--A State shall not
develop, or implement for use, under this part
any alternate or modified academic achievement
standards for students who are children with
disabilities that are not alternate academic
achievement standards that meet the
requirements of clause (i).'';
(B) in paragraph (2), by adding at the end the
following:
``(L) Students with the most significant cognitive
disabilities.--In determining the percentage of
students meeting or exceeding the State's proficient
level of academic achievement on the State assessments,
a State educational agency may include, for all schools
in the State, the performance of the State's students
with the most significant cognitive disabilities on
alternate assessments as described in paragraph (3)(E)
in the subjects included in the State's accountability
system, consistent with the 1 percent limitation of
paragraph (3)(E)(i).'';
(C) in paragraph (3), by adding at the end the
following:
``(E) Alternate assessments for students with the
most significant cognitive disabilities.--A State may
provide alternate assessments that are aligned with
alternate academic achievement standards described in
paragraph (1)(G) for students with the most significant
cognitive disabilities, if the State--
``(i) ensures that for each subject, the
total number of students in each grade level
assessed in such subject using the alternate
assessments does not exceed 1 percent of the
total number of all students in such grade
level in the State who are assessed in such
subject;
``(ii) certifies, consistent with section
612(a)(16)(A) of the Individuals with
Disabilities Education Act, that the State's
regular academic assessments are universally
designed to be accessible to students,
including students with sensory, physical, and
intellectual disabilities, through the
provision of accommodations that produce valid
results; and
``(iii) ensures that such alternate
assessments are peer reviewed and based on the
best available evidence.''; and
(2) in subsection (h)(1)(C)--
(A) in clause (vii), by striking ``and'' after the
semicolon;
(B) in clause (viii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(ix) the number and percentage of
students with disabilities who take an
alternate assessment under subsection
(b)(3)(E), by grade, subject, and type of
disability, as outlined in section 602(3) of
the Individuals with Disabilities Education
Act.''. | Every Child Counts Act Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 to allow states to establish alternate academic achievement standards and assessments for students who have the most significant cognitive disabilities. Requires the alternate standards to meet certain conditions, including that they: are aligned with the state's challenging academic content and achievement standards; provide access to the general curriculum for the grade in which the student is enrolled; and establish, at a minimum, two levels of achievement (on-target and advanced) that indicate that a student meets or exceeds the state's proficient level of academic achievement; and establish, at a minimum, a third level of achievement (catch-up) that provides information about a student's progress toward proficiency. Requires each state using alternate assessments to ensure that: (1) not more than 1% of the total number of all students in each grade level in the state who are assessed in a subject are assessed using the alternate assessments, (2) the state's regular academic assessments remain accessible to all students, and (3) the alternate assessments are peer reviewed and based on the best available evidence. Allows each state to count students who are determined to be proficient using such alternate assessments in its determination of the percentage of the state's students who are meeting or exceeding the state's academic content and achievement standards. Requires states' annual report cards to: (1) include the number and percentage of disabled students who take the alternate assessments; and (2) break that information down by grade, subject matter, and disability type. | {"src": "billsum_train", "title": "Every Child Counts Act"} | 1,147 | 335 | 0.662943 | 1.848478 | 0.851505 | 3.229299 | 3.515924 | 0.88535 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Sustainability Act
of 2004''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Progress on sustainable development requires the
simultaneous achievement of a well functioning environmental
system, economic viability that creates new jobs and livable
communities that provide access to all for participation in
their governance.
(2) The Nation has improved some challenging environmental
conditions through application of best technologies, but
serious problems persist that require new science,
technologies, and innovative policy approaches that are
flexible, and use market mechanisms, and engage relevant
stakeholders from the private and public sectors.
(3) Achieving long-term economic prosperity requires
opportunities for employment and the maintenance of a healthy
environment for the workers.
(4) The Nation's institutions of higher education have a
unique role to play in fostering new knowledge, evaluating
policies, and discovering new technologies to address the
persistent and often linked environmental, social and economic
problems that exist.
(5) The Nation's higher education institutions are places
where approaches that integrate the environmental, social and
economic dimensions can be designed, tested, and refined for
application to real world settings in collaboration with
industry, government and the nonprofit sector.
(6) The Nation's higher education institutions are uniquely
positioned to prepare the future labor force for successful
careers in the private and public sectors that contribute to
economic, environmental, and social sustainability.
(7) The Nation's higher education institutions are uniquely
situated to be models of sustainable management and operations
that can provide examples to industry and government of
operational strategies that integrate the basic principles of
environmental, economic, and social sustainability.
(b) Purposes.--The purposes of this Act are--
(1) to provide support to faculty, staff, and students at
institutions of higher education to establish both
administrative and educational sustainability programs on
campus;
(2) to promote and enhance research by faculty and students
at institutions of higher education in sustainability practices
and innovations that assist and improve sustainability; and
(3) to provide support to institutions of higher education
to work with community partners from the business, government,
and nonprofit sectors to design and implement sustainability
programs for application in the community and workplace.
SEC. 3. ESTABLISHMENT OF PROGRAM.
Title VII of the Higher Education Act of 1965 is amended by adding
at the end the following new part:
``PART E--UNIVERSITY SUSTAINABILITY CENTERS
``SEC. 771. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary shall make grants to eligible
entities to establish sustainability centers to design and implement
sustainability practices including in the areas of energy management,
green building, waste management, purchasing, transportation, and
toxics management other aspects of sustainability that integrate campus
operations with multidisciplinary educational programs and are
applicable to the private and government sectors.
``(b) Period of Grant.--The provision of payments under a grant
under subsection (a) may extend over a period of not more than 4 fiscal
years.
``(c) Definition of Eligible Entities.--For purposes of this part,
the term `eligible entity' means a comprehensive college or university
that grants 4-year undergraduate degrees and masters and doctoral
degrees.
``SEC. 772. APPLICATIONS.
``(a) In General.--To receive a grant under section 771(a), an
eligible entity shall submit an application to the Secretary at such
time, in such form, and containing such information as the Secretary
may reasonably require.
``(b) Assurances.--Such application shall include assurances that
the eligible entity--
``(1) has developed or shall develop a plan, including an
evaluation component, for the program component established
pursuant to section 773;
``(2) shall use Federal funds received from a grant under
section 771(a) to supplement, not supplant, non-Federal funds
that would otherwise be available for projects funded under
such section;
``(3) shall provide, with respect to any fiscal year in
which such entity receives funds from a grant under section
771(a), non-Federal funds or an in kind contribution in an
amount equal to 20 percent of funds from such grant, for the
purpose of carrying out the program component established in
section 773; and
``(4) shall collaborate with business, government, and the
nonprofit sectors in the development and implementation of its
sustainability plan.
``SEC. 773. USE OF FUNDS.
``Grants made under section 771 may be used by an eligible entity
only for establishing a sustainability program--
``(1) to develop and implement administrative and
operations practices at institutions of higher education that
test, model, and analyze principles of sustainability;
``(2) to establish multidisciplinary education, research,
and outreach programs at institutions of higher education that
address the environmental, social, and economic dimensions of
sustainability;
``(3) to support research and teaching initiatives that
focus on multidisciplinary and integrated environmental,
economic, and social elements;
``(4) to establish initiatives in the areas of energy
management, green building, waste management, purchasing,
toxics management, transportation, and other aspects of
sustainability; and
``(5) to support student, faculty, and staff work at
institutions of higher education to implement, research, and
evaluate sustainable practices.
``SEC. 774. REPORTS.
``An eligible entity that receives a grant under section section
771(a) shall submit to the Secretary, for each fiscal year in which the
entity receives amounts from such grant, a report that describes the
work conducted pursuant to section 773, research findings and
publications, administrative savings experienced, and an evaluation of
the program.
``SEC. 775. ALLOCATION REQUIREMENT.
``The Secretary may not make grants under section 771(a) to any
eligible entity in an amount totaling more than 10 percent appropriated
under section 776.
``SEC. 776. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out section 771(a) $50,000,000 for fiscal year 2005 and such sums as
may be necessary for each of the 5 succeeding fiscal years.
``(b) Availability.--Amounts appropriated under subsection (a)
shall remain available until expended.''. | Higher Education Sustainability Act of 2004 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make grants to eligible institutions of higher education to establish university sustainability centers to develop and implement integrated environmental, economic, and social sustainability programs through administrative and operational practices as well as multidisciplinary research, education, and outreach. | {"src": "billsum_train", "title": "To direct the Secretary of Education to provide grants to establish sustainability centers, charged with developing and implementing integrated environmental, economic, and social sustainability programs through administrative and operational practices as well as multidisciplinary research, education, and outreach at institutions of higher education."} | 1,377 | 68 | 0.51389 | 1.356246 | 0.722383 | 3.222222 | 21.095238 | 0.968254 |
S ON THE BUDGET.
Section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632)
is amended by adding at the end the following:
``(j) Means-Tested Welfare Spending.--
``(1) In general.--The concurrent resolution on the budget
for a fiscal year shall set forth the appropriate level for
aggregate means-tested welfare spending for the first fiscal
year of that concurrent resolution and for at least each of the
4 ensuing fiscal years beginning on the earlier of--
``(A) the first fiscal year that begins after the
date of enactment of this subsection and after any
monthly rate of unemployment during the immediately
preceding fiscal year is below 6 percent; or
``(B) fiscal year 2016.
``(2) Setting level.--The level described in paragraph (1)
shall not exceed the aggregate level of Federal means-tested
welfare spending for fiscal year 2007, adjusted for inflation
as follows:
``(A) In fiscal year 2016, the sum of
$825,000,000,000.
``(B) In fiscal year 2017, the sum of
$750,000,000,000.
``(C) In fiscal year 2018 and in subsequent fiscal
years, the aggregate level of Federal means-tested
welfare spending for fiscal year 2007, adjusted for
inflation as follows:
``(i) Means-tested welfare spending
relating to medical assistance programs shall
be adjusted for inflation according to the
price index for personal consumption
expenditures for health products and services
as calculated by the Bureau of Economic
Analysis.
``(ii) All other means-tested welfare
spending shall be adjusted for inflation
according to the weighted price index for
personal consumption expenditures excluding
health products and services as calculated by
the Bureau of Economic Analysis.''.
SEC. 304. ALLOCATIONS OF MEANS-TESTED WELFARE SPENDING.
(a) In General.--Section 302 of the Congressional Budget Act of
1974 (2 U.S.C. 633) is amended by adding at the end the following:
``(h) Means-Tested Welfare Spending Limit.--
``(1) Further division of amounts.--For any concurrent
resolution on the budget in which levels for aggregate means-
tested welfare spending are set forth under section 301(j), in
the House of Representatives and the Senate, the amounts
allocated under subsection (a) shall be further divided to
establish an allocation of--
``(A) total new budget authority and total outlays
for discretionary means-tested welfare spending in
appropriation measures for the first fiscal year of
that concurrent resolution; and
``(B) total new budget authority and total outlays
for mandatory means-tested welfare spending for the
first fiscal year of that concurrent resolution and at
least each of the ensuing 4 fiscal years to all other
committees of the House of Representatives and the
Senate that have jurisdiction over legislation
providing mandatory means-tested welfare spending.
``(2) Point of order.--
``(A) In general.--Except as provided in
subparagraph (B), it shall not be in order in the House
of Representatives or the Senate to consider any bill,
joint resolution, amendment, or amendment between the
Houses if--
``(i) the enactment of such bill or
resolution as reported;
``(ii) the adoption and enactment of such
amendment;
``(iii) the enactment of such bill or
resolution in the form recommended in such
conference report; or
``(iv) the enactment of such amendment
between the Houses,
would cause the applicable allocation of new budget
authority or outlays made under subparagraph (A) or (B)
of paragraph (1) for a fiscal year to be exceeded.
``(B) Exception.--The limits on the allocation of
new budget authority or outlays made under subparagraph
(A) or (B) of paragraph (1) shall not be in effect for
a fiscal year if the average monthly unemployment rate
in the preceding fiscal year exceeded 7.5 percent.''.
(b) Conforming Amendment.--Section 302(b) of the Congressional
Budget Act of 1974 is amended by striking ``under subsection (a)'' and
inserting ``under subsections (a) and (h)''.
SEC. 305. RECONCILIATION.
Section 310(a) of the Congressional Budget Act of 1974 (2 U.S.C.
641(a)) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) by redesignating paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the following:
``(4) specify the total amount by which new budget
authority for such fiscal year for mandatory means-tested
welfare spending contained in laws, bills, and resolutions
within the jurisdiction of a committee is to be changed and
direct that committee to determine and recommend changes to
accomplish a change of such total amount, which amount shall be
the amount by which the Congressional Budget Office baseline
level of spending for aggregate mandatory means-tested welfare
programs exceeds the allocation made pursuant to section
302(h)(1)(B) for such fiscal year; and''; and
(4) in paragraph (5), as so redesignated, by striking ``and
(3)'' and inserting ``(3), and (4)''.
TITLE IV--GRANTS TO PROMOTE SELF-SUFFICIENCY
SEC. 401. GRANTS TO STATES.
(a) Purpose.--The purpose of this title is to encourage States to
develop policies to promote self-sufficiency and prosperity and to
reduce poverty and Government dependence.
(b) Grants.--The Social Security Act is amended by adding at the
end the following:
``TITLE XXII--GRANTS TO STATES TO PROMOTE SELF-SUFFICIENCY AND
PROSPERITY AND TO REDUCE DEPENDENCE
``SEC. 2201. GRANTS TO STATES.
``(a) In General.--The Secretary may provide grants to States to
reward reductions in poverty and Government dependence and increases in
self-sufficiency.
``(b) Allocation of Grants to States.--For each fiscal year for
which funds are made available under subsection (e), the Secretary
shall make a grant in an amount equal to $100,000,000 to each of the 3
States with the greatest percentage increases in the self-sufficiency
ratio of the State for the preceding fiscal year over the self-
sufficiency ratio of the State for fiscal year 2007, as compared with
the changes in that ratio for each other State, subject to subsection
(c).
``(c) Limitation on Eligibility for Grants.--A State shall not be
eligible for a grant under this title for a fiscal year unless the
self-sufficiency ratio of the State for the fiscal year is greater than
the self-sufficiency ratio of the State for fiscal year 2007.
``(d) Definitions.--In this title:
``(1) The term `self-sufficient family' means a family
(including a 1-person family) whose combined income, excluding
receipt of means-tested welfare spending (as defined in section
3(11)(A) of the Congressional Budget and Impoundment Control
Act of 1974), exceeds the poverty line (within the meaning of
section 673(2) of the Omnibus Budget Reconciliation Act of
1981, including any revision required by such section
applicable to a family of the size involved).
``(2) The term `self-sufficiency ratio' means, with respect
to a State and a fiscal year--
``(A) the number of self-sufficient families
residing in the State during the fiscal year that are
headed by able-bodied individuals who have not attained
63 years of age; divided by
``(B) the total number of families residing in the
State during the fiscal year that are headed by able-
bodied individuals who have not attained 63 years of
age.
``(3) The term `State' means the 50 States and the District
of Columbia.
``(e) Limitations on Authorization of Appropriations.--For grants
under this title, there are authorized to be appropriated to the
Secretary $300,000,000 for fiscal year 2016 and each succeeding fiscal
year.''.
TITLE V--PROHIBITION ON FUNDING OF ABORTION
SEC. 501. PROHIBITION ON FUNDING FOR ABORTIONS.
No funds authorized or appropriated by Federal law, and none of the
funds in any trust fund to which funds are authorized or appropriated
by Federal law, shall be expended for any abortion.
SEC. 502. PROHIBITION ON FUNDING FOR HEALTH BENEFITS PLANS THAT COVER
ABORTION.
None of the funds authorized or appropriated by Federal law, and
none of the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for health benefits
coverage that includes coverage of abortion.
SEC. 503. PROHIBITION ON TAX BENEFITS RELATING TO ABORTION.
For taxable years beginning after the date of the enactment of this
section, no credit shall be allowed under the internal revenue laws
with respect to amounts paid or incurred for an abortion or with
respect to amounts paid or incurred for a health benefits plan
(including premium assistance) that includes coverage of abortion.
SEC. 504. CONSTRUCTION RELATING TO SEPARATE COVERAGE.
Nothing in this title shall be construed as prohibiting any
individual, entity, or State or locality from purchasing separate
abortion coverage or health benefits coverage that includes abortion so
long as such coverage is paid for entirely using only funds not
authorized or appropriated by Federal law and such coverage shall not
be purchased using matching funds required for a federally subsidized
program, including a State's or locality's contribution of Medicaid
matching funds.
SEC. 505. CONSTRUCTION RELATING TO THE USE OF NON-FEDERAL FUNDS FOR
HEALTH COVERAGE.
Nothing in this title shall be construed as restricting the ability
of any non-Federal health benefits coverage provider from offering
abortion coverage, or the ability of a State or locality to contract
separately with such a provider for such coverage, so long as only
funds not authorized or appropriated by Federal law are used and such
coverage shall not be purchased using matching funds required for a
federally subsidized program, including a State's or locality's
contribution of Medicaid matching funds.
SEC. 506. TREATMENT OF ABORTIONS RELATED TO RAPE, INCEST, OR PRESERVING
THE LIFE OF THE MOTHER.
The limitations established in this title shall not apply to an
abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering
physical condition caused by or arising from the pregnancy
itself. | Welfare Reform Act of 2014 - Amends the Food and Nutrition Act of 2008 to declare that it should be the purpose of the supplemental nutrition assistance program (SNAP, formerly the food stamp program) to increase employment, encourage healthy marriage, and promote prosperous self-sufficiency, which means the ability of households to maintain an income above the poverty level without services and benefits from the federal government. Declares that food or a food product shall be considered a food under such Act only if it is a bare essential (as determined by the Secretary of Agriculture [USDA]). Defines "able-bodied, work capable adult" and "physically or mentally incapable of work." Prescribes additional conditions of participation, denying SNAP eligibility, for instance, to any able-bodied, work-capable adult who: (1) refuses to register for employment or without good cause accept an offer of employment at a certain wage, (2) refuses without good cause to give a state agency sufficient information of his or her employment status or job availability, (3) voluntarily quits a job or reduces work effort below 30 hours a week unless another adult in the same family unit increases employment to make up the difference, or (4) is on strike because of a labor dispute other than a lockout. Revises SNAP eligibility requirements for students with dependent children. Denies SNAP eligibility to members of a program-eligible family required by the state agency to participate in work activation unless the relevant one or more adults in such family comply with the work activation standards. Terminates benefits for all family members for failure to participate in work activation during a given month. Prescribes work activation standards for a family unit with adult members required to participate in work activation. Gives states the option to require greater amounts of work activations for work capable family units. Requires each state participating in SNAP to carry out a work activation program whose goals are to: (1) encourage and assist able-bodied, work-capable adult SNAP recipients to obtain paid employment; (2) reduce dependence on government assistance; and (3) ensure that able-bodied, work-capable adult SNAP recipients make a contribution to society and the taxpayers in exchange for assistance received. Sets forth mandatory state work activation participation rates. Prescribes requirements for: (1) funding reductions as a penalty for inadequate state performance, (2) restoration in funding resulting from improved state performance, and (3) rewards to states for reducing government dependence. Amends the American Recovery and Reinvestment Act of 2009 to terminate its temporary increase in SNAP benefits. Requires the President's budget to include the total level of means-tested welfare spending by the federal government as well as the total by all states, local governments, and the federal government for the most recent year for which such data is available, and estimated levels for the fiscal year during which the budget submission is made. Amends the Congressional Budget Act of 1974 to define "means-tested welfare spending" and specifies the federal programs on which welfare spending shall be means-tested, and which federal programs shall not be. Requires reports to congressional budget committees and the concurrent resolution on the budget to include specified information with respect to means-tested welfare spending, and requires a point of order in both chambers of Congress if the means-tested welfare spending limit is to be exceeded. Amends the Social Security Act (SSA) to authorize the Secretary of Health and Human Services (HHS) to make grants to states to reward reductions in poverty and government dependence and increases in self-sufficiency. Restricts funding for health benefits coverage that includes abortion. | {"src": "billsum_train", "title": "Welfare Reform Act of 2014"} | 2,472 | 800 | 0.343237 | 1.102303 | 0.538736 | 1.378378 | 3.147937 | 0.664296 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Battlefield Excellence through
Superior Training Practices Act'' or ``BEST Practices Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Department of Defense has made impressive strides
in the development and use of methods of medical training and
troop protection, such as the use of tourniquets and
improvements in body armor, that have led to decreased
battlefield fatalities.
(2) The Department of Defense uses more than 6,000 live
animals each year to train physicians, medics, corpsmen, and
other personnel methods of responding to severe battlefield
injuries.
(3) The civilian sector has almost exclusively phased in
the use of superior human-based training methods for numerous
medical procedures currently taught in military courses using
animals.
(4) Human-based medical training methods such as simulators
replicate human anatomy and can allow for repetitive practice
and data collection.
(5) According to scientific, peer-reviewed literature,
medical simulation increases patient safety and decreases
errors by healthcare providers.
(6) The Army Research, Development and Engineering Command
and other entities of the Department of Defense have made
impressive strides in the development of methods for the
replacement of live animal-based training.
(7) According to the report by the Department of Defense
titled ``Final Report on the use of Live Animals in Medical
Education and Training Joint Analysis Team'' published on July
12, 2009--
(A) validated, high-fidelity simulators will be
available for nearly every high-volume or high-value
battlefield medical procedure by the end of 2011, and
many were available as of 2009; and
(B) validated, high-fidelity simulators will be
available to teach all other procedures to respond to
common battlefield injuries by 2014.
SEC. 3. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN MEDICAL
TRAINING.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2017. Requirement to use human-based methods for certain medical
training
``(a) Combat Trauma Injuries.--(1) Not later than October 1, 2014,
the Secretary of Defense shall develop, test, and validate human-based
training methods for the purpose of training members of the armed
forces in the treatment of combat trauma injuries with the goal of
replacing live animal-based training methods.
``(2) Not later than October 1, 2016, the Secretary--
``(A) shall only use human-based training methods for the
purpose of training members of the armed forces in the
treatment of combat trauma injuries; and
``(B) may not use animals for such purpose.
``(b) Exception for Particular Commands and Training Methods.--(1)
The Secretary may exempt a particular command, particular training
method, or both, from the requirement for human-based training methods
under subsection (a)(2) if the Secretary determines that human-based
training methods will not provide an educationally equivalent or
superior substitute for live animal-based training methods for such
command or training method, as the case may be.
``(2) Any exemption under this subsection shall be for such period,
not more than one year, as the Secretary shall specify in granting the
exemption. Any exemption may be renewed (subject to the preceding
sentence).
``(c) Annual Reports.--(1) Not later than October 1, 2012, and each
year thereafter, the Secretary shall submit to the congressional
defense committees a report on the development and implementation of
human-based training methods and replacement of live animal-based
training methods for the purpose of training members of the armed
forces in the treatment of combat trauma injuries under this section.
``(2) Each report under this subsection on or after October 1,
2016, shall include a description of any exemption under subsection (b)
that is in force as of the time of such report, and a current
justification for such exemption.
``(d) Definitions.--In this section:
``(1) The term `combat trauma injuries' means severe
injuries likely to occur during combat, including--
``(A) hemorrhage;
``(B) tension pneumothorax;
``(C) amputation resulting from blast injury;
``(D) compromises to the airway; and
``(E) other injuries.
``(2) The term `human-based training methods' means, with
respect to training individuals in medical treatment, the use
of systems and devices that do not use animals, including--
``(A) simulators;
``(B) partial task trainers;
``(C) moulage;
``(D) simulated combat environments;
``(E) human cadavers; and
``(F) rotations in civilian and military trauma
centers.
``(3) The term `partial task trainers' means training aids
that allow individuals to learn or practice specific medical
procedures.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of such title is amended by adding at the end the following
new item:
``2017. Requirement to use human-based methods for certain medical
training.''. | Battlefield Excellence through Superior Training Practices Act or BEST Practices Act - Requires the Secretary of Defense (DOD), no later than: (1) October 1, 2014, to develop, test, and validate human-based training methods for training members of the Armed Forces in the treatment of combat injuries, with the goal of replacing live animal-based training methods; and (2) October 1, 2016, to use only use human-based training methods for such purposes. Prohibits the use of animals in such training after the latter date. Provides an exception when the Secretary determines that human-based training methods will not provide an educationally equivalent or superior substitute for live animal-based training methods.
Requires an annual report from the Secretary to the congressional defense committees on the development and implementation of the human-based training methods, as well as any exceptions implemented. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to require the Secretary of Defense to use only human-based methods for training members of the Armed Forces in the treatment of severe combat injuries."} | 1,133 | 182 | 0.733867 | 2.257052 | 0.819563 | 4.461538 | 6.627219 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Family Tax Relief Act of
2004''.
SEC. 2. REPEAL OF SCHEDULED REDUCTIONS IN CHILD TAX CREDIT, MARRIAGE
PENALTY RELIEF, AND 10-PERCENT RATE BRACKET.
(a) Child Tax Credit.--Subsection (a) of section 24 of the Internal
Revenue Code of 1986 (relating to child tax credit) is amended to read
as follows:
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year with
respect to each qualifying child of the taxpayer an amount equal to
$1,000.''.
(b) Marriage Penalty Relief in Standard Deduction.--
(1) In general.--Paragraph (2) of section 63(c) of the
Internal Revenue Code of 1986 (relating to basic standard
deduction) is amended to read as follows:
``(2) Basic standard deduction.--For purposes of paragraph
(1), the basic standard deduction is--
``(A) 200 percent of the dollar amount in effect
under subparagraph (C) for the taxable year in the case
of--
``(i) a joint return, or
``(ii) a surviving spouse (as defined in
section 2(a)),
``(B) $4,400 in the case of a head of household (as
defined in section 2(b)), or
``(C) $3,000 in any other case.''.
(2) Conforming amendments.--
(A) Section 63(c)(4) of such Code is amended by
striking ``(2)(D)'' each place it occurs and inserting
``(2)(C)''.
(B) Section 63(c) of such Code is amended by
striking paragraph (7).
(c) Marriage Penalty Relief in 15-Percent Income Tax Bracket.--
Paragraph (8) of section 1(f) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(8) Elimination of marriage penalty in 15-percent
bracket.--With respect to taxable years beginning after
December 31, 2004, in prescribing the tables under paragraph
(1)--
``(A) the maximum taxable income in the 15-percent
rate bracket in the table contained in subsection (a)
(and the minimum taxable income in the next higher
taxable income bracket in such table) shall be 200
percent of the maximum taxable income in the 15-percent
rate bracket in the table contained in subsection (c)
(after any other adjustment under this subsection), and
``(B) the comparable taxable income amounts in the
table contained in subsection (d) shall be \1/2\ of the
amounts determined under subparagraph (A).''.
(d) 10-Percent Rate Bracket.--
(1) In general.--Clause (i) of section 1(i)(1)(B) of the
Internal Revenue Code of 1986 is amended by striking ``($12,000
in the case of taxable years beginning after December 31, 2004,
and before January 1, 2008)''.
(2) Inflation adjustment.--Subparagraph (C) of section
1(i)(1) of such Code is amended to read as follows:
``(C) Inflation adjustment.--In prescribing the
tables under subsection (f) which apply with respect to
taxable years beginning in calendar years after 2003--
``(i) the cost-of-living adjustment shall
be determined under subsection (f)(3) by
substituting `2002' for `1992' in subparagraph
(B) thereof, and
``(ii) the adjustments under clause (i)
shall not apply to the amount referred to in
subparagraph (B)(iii).
If any amount after adjustment under the preceding
sentence is not a multiple of $50, such amount shall be
rounded to the next lowest multiple of $50.''.
(e) Provisions Made Permanent.--Title IX of the Economic Growth and
Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions
of such Act) shall not apply to--
(1) section 1(i)(1) of the Internal Revenue Code of 1986 as
added by subsection (a) of section 101 of such Act,
(2) paragraphs (1) and (7) of section 101(c) of such Act,
(3) section 201(a) of such Act, and
(4) title III of such Act.
(f) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. EXTENSION OF MINIMUM TAX RELIEF TO INDIVIDUALS.
(a) In General.--Subparagraphs (A) and (B) of section 55(d)(1) of
the Internal Revenue Code of 1986 (relating to exemption amount for
taxpayers other than corporations) are each amended by striking ``2003
and 2004'' and inserting ``2003, 2004, and 2005''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004. | Working Family Tax Relief Act of 2004 - Amends the Internal Revenue Code to repeal the scheduled reductions in: (1) the amount of the child tax credit for taxable years 2005 through 2009 (maintains the current $1,000 credit amount for all taxable years after 2004); (2) the basic standard deduction for married taxpayers filing joint returns and surviving spouses for taxable years 2005 through 2008; and (3) the increased upper limit threshold amounts for qualifying married individuals filing joint returns for the 15 and ten percent income tax brackets. Allows an inflation adjustment to such threshold amounts for taxable years beginning after 2003 based on the difference from the Consumer Price Index for 2002.
Exempts from the general terminating date (December 31, 2010) under the Economic Growth and Tax Relief Reconciliation Act of 2001 provisions relating to: (1) the increased upper limit amounts for the ten and 15 percent tax bracket for married taxpayers filing joint returns and surviving spouses; (2) the increase in the child tax credit; (3) the increased standard deduction for married taxpayers filing joint returns; and (4) the earned income tax credit.
Extends the increased amounts of the exemption from the alternative minimum tax for individual taxpayers through 2005. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to repeal the scheduled restrictions in the child tax credit, marriage penalty relief, and 10 percent rate bracket, and for other purposes."} | 1,147 | 250 | 0.627922 | 1.55096 | 0.772622 | 1.618644 | 4.29661 | 0.745763 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Stewart Lee Udall was born to former Arizona Supreme
Court Justice Levi Stewart Udall and Louise Lee Udall on
January 31, 1920, in Saint Johns, Arizona.
(2) Stewart Lee Udall began serving his country in 1942
when he joined the United States Army Air Corps (predecessor of
the United States Air Force) during World War II, serving as an
enlisted B-24 waist gunner in Italy. He flew more than 50
missions over Western Europe over 4 years, receiving the Air
Medal with 3 Oak Leaf Clusters.
(3) After coming home from war, Stewart Lee Udall returned
to the University of Arizona where he received a bachelors and
law degree and was admitted to the Arizona State Bar. After
graduating from law school, he began his own private practice
and eventually established the law firm of Udall and Udall with
his brother Morris K. Udall.
(4) Stewart Lee Udall's first elected office was as a
member of the Amphitheater School Board (1951), where he
participated in desegregating the Amphitheater School District
before the United States Supreme Court ruling in Brown v. Board
of Education.
(5) Beginning in 1954, Stewart Lee Udall was elected to
serve 4 terms as United States Representative from Arizona's
second district.
(6) Upon the 1960 Presidential election, President Kennedy
appointed Stewart Lee Udall as Secretary of the Interior. He
maintained this position for 8 years, where his accomplishments
under Presidents Kennedy and Johnson made him a hero for the
environmental and conservation communities.
(7) Among the legislative accomplishments during his
cabinet career, Stewart Lee Udall helped guide numerous
landmark environmental measures through Congress, including the
Wilderness Act of 1964, the Land and Water Conservation Fund
Act of 1965, the Endangered Species Preservation Act of 1966,
the National Trail System Act of 1968, the Solid Waste Disposal
Act of 1965, the Wild and Scenic Rivers Act of 1968, the Clear
Air Act, the Water Quality Act of 1965, and the Clean Water
Restoration Act of 1966.
(8) Stewart Lee Udall was a coauthor of the Economic
Opportunity Act of 1964. This legislation created several new
social programs that helped promote the health, education, and
general welfare of the impoverished. Some of the programs
remaining today include Head Start and the Job Corps.
(9) As Secretary of the Interior during the Kennedy and
Johnson administrations, Stewart Lee Udall expanded the
National Park Service by presiding over the acquisition of 3.85
million acres of new holdings, including 4 national parks
(Canyonlands in Utah, Redwood in California, North Cascades in
Washington State, and Guadalupe Mountains in Texas), 6 national
monuments, 9 national recreation areas, 20 historic sites, 50
wildlife refuges, and 8 national seashores.
(10) Stewart Lee Udall established the Bureau of Outdoor
Recreation to coordinate all Federal outdoor programs.
(11) In September 1966, as Secretary of the Interior,
Stewart Lee Udall announced the creation of Project EROS, which
led the United States to state of the art science and
technology that includes Landsat, the longest running
enterprise for acquisition of satellite imagery. Project EROS
began as a revolutionary program that utilized Earth-orbiting
satellites that map the planet to gather data about the Earth's
natural resources along with changes in weather and climate.
(12) During his tenure as Secretary of the Interior,
Stewart Lee Udall also became a champion of the arts,
convincing President Kennedy to invite the renowned poet Robert
Frost to speak at his inauguration and setting in motion
initiatives that led to the creation of the Kennedy Center,
Wolf Trap Farm Park, the National Endowments for the Arts and
the Humanities, and the revived Ford's Theatre.
(13) While Stewart Lee Udall was Secretary of the Interior,
he continued to fight against segregation when he threatened to
refuse the all-White Washington Redskins access to the new
stadium located in Washington, DC, of which he was the Federal
landlord.
(14) After he left Federal Government service, Stewart Lee
Udall continued helping the American people by becoming a
crusader for victims of radiation exposure (particularly Native
Americans) resulting from the Federal Government's Cold War
nuclear programs. He helped to pass the Radiation Exposure
Compensation Act in 1990, which was signed by President George
Bush.
(15) Stewart Lee Udall was a prolific writer, penning
countless articles, essays, and op-eds. He also co-authored 9
books, and wrote 9 of his own, including the seminal title in
the conservation movement, ``The Quiet Crisis''.
(16) Among his many honors, Stewart Lee Udall was a
recipient of the Ansel Adams Award, the Wilderness Society's
highest conservation award, the Common Cause Public Service
Achievement Award for his lifelong protection of the
environment and the defense of American citizens who were
victims of nuclear weapons testing, and the United Nations Gold
Medal for Lifetime Achievement.
(17) Until his passing in 2010, Stewart Lee Udall continued
his devotion to public service as an author, historian,
scholar, lecturer, environmental activist, lawyer, and citizen
of the outdoors.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of Congress,
of a gold medal of appropriate design to honor Stewart Lee Udall in
recognition of his contributions to the Nation as hero for the
environment, a champion for conservation, a civil right activist, a
Native American crusader, and an advocate for the arts.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--The medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 3 shall be deposited into the
United States Mint Public Enterprise Fund. | Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to honor Stewart Lee Udall, in recognition of his contributions to the nation as hero for the environment, a champion for conservation, a civil rights activist, a Native American crusader, and an advocate for the arts. | {"src": "billsum_train", "title": "To award posthumously a Congressional Gold Medal to Stewart Lee Udall in recognition of his contributions to the Nation as hero for the environment, a champion for conservation, a civil right activist, a Native American crusader, and an advocate for the arts."} | 1,598 | 93 | 0.402189 | 1.521913 | -0.198 | 9.102564 | 18.782051 | 0.974359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health and Substance Abuse
Treatment Accessibility Act of 2016''.
SEC. 2. LOANS AND LOAN GUARANTEES.
Part P of title III of the Public Health Service Act is amended by
inserting after section 399V-6 of such Act (21 U.S.C. 355f) the
following:
``SEC. 399V-7. LOANS AND LOAN GUARANTEES FOR CONSTRUCTING OR
RENOVATING, OR PLANNING CONSTRUCTION OR RENOVATION OF,
CERTAIN QUALIFIED PSYCHIATRIC AND SUBSTANCE ABUSE
TREATMENT FACILITIES.
``(a) In General.--The Secretary may make loans and loan guarantees
for constructing or renovating, including planning the construction or
renovation of, a qualified psychiatric treatment facility or a
qualified substance abuse treatment facility to public, private for-
profit, or private not-for-profit--
``(1) psychiatric treatment facilities;
``(2) substance abuse treatment facilities;
``(3) psychiatric hospitals; and
``(4) alliances of such facilities or hospitals.
``(b) Preference.--In making loans and loan guarantees under this
section, the Secretary shall give preference to psychiatric treatment
facilities and substance abuse treatment facilities that propose to
construct or renovate a qualified psychiatric treatment facility or
qualified substance abuse treatment facility in a county that has
insufficient inpatient psychiatric or substance abuse treatment
capacity.
``(c) Terms and Conditions.--Loans and loan guarantees under this
section shall be made on such terms and conditions as the Secretary may
prescribe, subject to the provisions of this section including the
following:
``(1) The Secretary may allow credit to a prospective
borrower only where--
``(A) it is necessary to increase the number of
psychiatric or substance use disorder treatment beds to
enhance the public's access to acute inpatient mental
health and substance abuse services; and
``(B) a credit subsidy is the most efficient way to
achieve such increase (on a borrower-by-borrower
basis).
``(2) The final maturity of loans made or guaranteed under
this section shall not exceed a period of 20 years, or the
period of 50 percent of the useful life of any physical asset
to be financed by the loan, whichever is less as determined by
the Secretary.
``(3) The Secretary may not make a loan guarantee under
this section, with respect to any borrower, in excess of 80
percent of any potential loss on the loan.
``(4) The Secretary may not make any loan or loan guarantee
under this section if the loan will be subordinated--
``(A) to another debt contracted by the borrower;
or
``(B) to any other claims against the borrower in
the case of default.
``(5) The Secretary may not make any loan guarantee under
this section unless the Secretary determines that--
``(A) the lender is responsible; and
``(B) adequate provision is made for servicing the
loan on reasonable terms and protecting the financial
interest of the United States.
``(6) The Secretary may not make any loan guarantee under
this section if the income from the loan will be excluded from
gross income for purposes of chapter 1 of the Internal Revenue
Code of 1986.
``(7) The Secretary may not make any loan or loan guarantee
under this section unless--
``(A) the loan and interest supplements on any loan
guarantee will be at an interest rate that is set by
reference to a benchmark interest rate on marketable
Treasury securities with a similar maturity to the loan
being made or guaranteed; and
``(B) the minimum interest rate on the loan--
``(i) will be no less than the estimated
cost to the Government of making the loan plus
1 percent, with the goal of keeping the
interest rate below the interest rate of a
comparable and competitive private sector
benchmark financial instrument; and
``(ii) will be adjusted, as determined by
the Secretary, every quarter to take account of
changes in the interest rate of the benchmark
financial instrument.
``(8) The Secretary may not make any loan or loan guarantee
under this section unless--
``(A) fees or premiums on the loan or loan
guarantee and corresponding insurance coverage will be
set at levels that minimize the cost to the Government
(as defined in section 502(5) of the Federal Credit
Reform Act of 1990) of insuring such loan or loan
guarantee, while supporting achievement of increasing
the inpatient psychiatric and substance abuse bed
count, as applicable, to enhance the public's access to
acute inpatient mental health and substance abuse
services;
``(B) the minimum guarantee fee or insurance
premium imposed by the Government will be no less than
the level sufficient to cover all of the estimated
costs to the Government of the expected default claims,
plus one percent; and
``(C) loan guarantee fees imposed by the Government
will be reviewed every six months to ensure that the
fees imposed on new loan guarantees are at a level
sufficient to satisfy subparagraph (B) based on the
most recent estimates of such costs.
``(9) The provisions of any loan guarantee under this
section shall state that the guarantee is conclusive evidence
that--
``(A) the guarantee has been properly obtained;
``(B) the underlying loan qualified for the
guarantee; and
``(C) except in the case of fraud or material
misrepresentation by the holder of the loan, the
guarantee will be presumed to be valid, legal, and
enforceable.
``(10) The Secretary may not make any loan or loan
guarantee under this section unless--
``(A) the borrower finances at least 25 percent of
the funded project from other sources; and
``(B) the borrower uses funds that were not derived
from Federal loans or loan guarantees to pay the fees
or premiums on the loan or loan guarantee under this
section.
``(11) The Secretary--
``(A) shall prescribe explicit standards for use in
periodically assessing the credit risk of new and
existing direct loans and guaranteed loans; and
``(B) shall not make a loan or loan guarantee under
this section unless the Secretary finds that there is a
reasonable assurance of repayment.
``(d) Payment of Losses.--
``(1) Default on guaranteed loans.--If, as a result of a
default by a borrower under a loan guaranteed under this
section, after the holder thereof has made such further
collection efforts and instituted such enforcement proceedings
as the Secretary may require, the Secretary determines that the
holder has suffered a loss--
``(A) the Secretary shall pay to such holder 75
percent of such loss, as specified in the guarantee
contract;
``(B) upon making any such payment, the Secretary
shall be subrogated to all the rights of the recipient
of the payment; and
``(C) the Secretary shall be entitled to recover
from the borrower the amount of any payments made
pursuant to the guarantee contract.
``(2) Required enforce of federal rights.--The Attorney
General of the United States shall take such action as may be
appropriate to enforce any right accruing to the United States
as a result of the issuance of any guarantee under this
section.
``(3) Forbearance.--Nothing in this section precludes any
forbearance for the benefit of the borrower of a loan that is
made or guaranteed under this section which is agreed upon by
the parties to the loan and approved by the Secretary, provided
that budget authority for any resulting cost to the Government
(as defined in section 502(5) of the Federal Credit Reform Act
of 1990) is available.
``(e) Definitions.--In this section:
``(1) The term `qualified psychiatric treatment facility'--
``(A) means a psychiatric hospital (or other
qualified treatment facility, as determined appropriate
by the Secretary) that is able to serve patients ages
21 and older that--
``(i) will provide acute, short-term
inpatient psychiatric treatment services for
such patients;
``(ii) will provide outpatient services;
and
``(iii) may include a military services
program to meet the needs of active and retired
military service members; and
``(B) excludes a facility that--
``(i) provides long-term inpatient care;
``(ii) is a health center (as defined in
section 330); and
``(iii) is part of or affiliated with a
prison (as defined in section 2246 of title 18,
United States Code).
``(2) The term `qualified substance abuse treatment
facility'--
``(A) means a psychiatric hospital (or other
qualified treatment facility, as determined appropriate
by the Secretary) that is able to serve patients ages
21 and older that--
``(i) will provide acute, short-term
inpatient substance abuse treatment services
for such patients;
``(ii) will provide outpatient services;
and
``(iii) may include a military services
program to meet the needs of active and retired
military service members; and
``(B) excludes any facility described in paragraph
(1)(B).
``(3) The term `psychiatric hospital' means--
``(A) an institution that--
``(i) is primarily engaged in providing, by
or under the supervision of one or more
physicians, psychiatric services for the
diagnosis and treatment of mentally ill persons
or those suffering from substance abuse
disorders;
``(ii) satisfies the requirements of
paragraphs (3) through (9) of subsection (e) of
section 1861 of the Social Security Act;
``(iii) maintains clinical records on all
patients and maintains such records as the
Secretary finds to be necessary to determine
the degree and intensity of the treatment
provided to individuals entitled to hospital
insurance benefits under part A of title XVIII
of the Social Security Act; and
``(iv) meets such staffing requirements as
the Secretary finds necessary for the
institution to carry out an active program of
treatment for individuals who are furnished
services in the institution; or
``(B) a distinct part of an institution that
satisfies clauses (i) and (ii) of subparagraph (A) if
such distinct part satisfies clauses (iii) and (iv) of
subparagraph (A).
``(f) Funding Limitations.--The Secretary may provide loans and
loan guarantees under this section--
``(1) only to the extent or in the amounts provided in
advance in appropriation Acts; and
``(2) totaling not more than $200,000,000 in each of fiscal
years 2018 through 2022.''.
SEC. 3. MENTAL HEALTH AND SUBSTANCE USE TREATMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the Mental Health and
Substance Use Treatment Trust Fund (in this section referred to as the
``Trust Fund'').
(b) Deposits.--There are hereby authorized to be appropriated to
the Trust Fund, to remain available until expended, amounts equivalent
to any revenues from the program of loans and loan guarantees under
section 399V-7 of the Public Health Service Act, as added by section 2,
that exceed the costs of carrying out such program.
(c) Use of Fund.--Amounts in the Trust Fund shall be available, as
provided by appropriation Acts, for block grants for community mental
health services under subpart I of part B of title XIX of the Public
Health Service Act (42 U.S.C. 300x et seq.).
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that reversing the Federal policy of
denying Federal financial participation under the Medicaid program for
care and services for patients in an institution for mental diseases is
critically important to improving access to mental health care services
and treatment. | Mental Health and Substance Abuse Treatment Accessibility Act of 2016 This bill amends the Public Health Service Act to permit the Department of Health and Human Services to make loans and loan guarantees for construction or renovation of psychiatric or substance abuse treatment facilities. The bill establishes terms and conditions for these loans and loan guarantees. The bill establishes the Mental Health and Substance Use Treatment Trust Fund. Revenues from the loans and loan guarantees that exceed the cost of carrying out the program may be appropriated to the fund. Amounts in the fund are available for block grants for community mental health services. | {"src": "billsum_train", "title": "Mental Health and Substance Abuse Treatment Accessibility Act of 2016"} | 2,677 | 127 | 0.583599 | 1.411331 | 0.663085 | 3.256881 | 23.036697 | 0.908257 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications Commission
Satellite Carrier Oversight Act''.
SEC. 2. FINDINGS.
(a) The Congress finds that:
(1) Signal theft represents a serious threat to direct-to-
home satellite television. In the Telecommunications Act of
1996, Congress confirmed the applicability of penalties for
unauthorized decryption of direct-to-home satellite services.
Nevertheless, concerns remain about civil liability for such
unauthorized decryption.
(2) In view of the desire to establish competition to the
cable television industry, Congress authorized consumers to
utilize direct-to-home satellite systems for viewing video
programming through the Cable Communications Policy Act of
1984.
(3) Congress found in the Cable Television Consumer
Protection and Competition Act of 1992 that without the
presence of another multichannel video programming distributor,
a cable television operator faces no local competition and that
the result is undue market power for the cable operator as
compared to that of consumers and other video programmers.
(4) The Federal Communications Commission, under the Cable
Television Consumer Protection and Competition Act of 1992, has
the responsibility for reporting annually to the Congress on
the state of competition in the market for delivery of
multichannel video programming.
(5) In the Cable Television Consumer Protection and
Competition Act of 1992, Congress stated its policy of
promoting the availability to the public of a diversity of
views and information through cable television and other video
distribution media.
(6) Direct-to-home satellite television service is the
fastest growing multichannel video programming service with
approximately 8 million households subscribing to video
programming delivered by satellite carriers.
(7) Direct-to-home satellite television service is the
service that most likely can provide effective competition to
cable television service.
(8) Through the compulsory copyright license created by
Section 119 of the Satellite Home Viewer Act of 1988, satellite
carriers have paid a royalty fee per subscriber, per month to
retransmit network and superstation signals by satellite to
subscribers for private home viewing.
(9) Congress set the 1988 fees to equal the average fees
paid by cable television operators for the same superstation
and network signals.
(10) Effective May 1, 1992, the royalty fees payable by
satellite carriers were increased through compulsory
arbitration to $0.06 per subscriber per month for
retransmission of network signals and $0.175 per subscriber per
month for retransmission of superstation signals, unless all of
the programming contained in the superstation signal is free
from syndicated exclusivity protection under the rules of the
Federal Communications Commission, in which case the fee was
decreased to $0.14 per subscriber per month. These fees were
40-70 percent higher than the royalty fees paid by cable
television operators to retransmit the same signals.
(11) On October 27, 1997, the Librarian of Congress adopted
the recommendation of the Copyright Arbitration Royalty Panel
and approved raising the royalty fees of satellite carriers to
$0.27 per subscriber per month for both superstation and
network signals, effective January 1, 1998.
(12) The fees adopted by the Librarian are 270 percent
higher for superstations and 900 percent higher for network
signals than the royalty fees paid by cable television
operators for the exact same signals.
(13) To be an effective competitor to cable, direct-to-home
satellite television must have access to the same programming
carried by its competitors and at comparable rates. In
addition, consumers living in areas where over-the-air network
signals are not available rely upon satellite carriers for
access to important news and entertainment.
(14) The Copyright Arbitration Royalty Panel did not
adequately consider the adverse competitive effect of the
differential in satellite and cable royalty fees on promoting
competition among multichannel video programming providers and
the importance of evaluating the fees satellite carries pay in
the context of the competitive nature of the multichannel video
programming marketplace.
(15) If the recommendation of the Copyright Arbitration
Royalty Panel is allowed to stand, the direct-to-home satellite
industry, whose total subscriber base is equivalent in size to
approximately 11 percent of all cable households, will be
paying royalties that equal half the size of the cable royalty
pool, thus giving satellite subscribers a disproportionate
burden for paying copyright royalties when compared to cable
television subscribers.
SEC. 3. DBS SIGNAL SECURITY.
(a) Section 605(d) of the Communications Act of 1934 (47 U.S.C.
605) is amended by adding after ``satellite cable programming,'' the
following: ``or direct-to-home satellite services,''.
SEC. 4. PROCEEDING ON RETRANSMISSION OF DISTANT BROADCAST SIGNALS;
REPORT ON EFFECT OF INCREASED ROYALTY FEES FOR SATELLITE
CARRIERS ON COMPETITION IN THE MARKET FOR DELIVERY OF
MULTICHANNEL VIDEO PROGRAMMING.
(a) Section 628 of the Communications Act of 1934 (47 U.S.C. 548)
is amended--
(1) by adding at the end of subsection (g): ``The
Commission shall, within 180 days of enactment of this
amendment initiate a notice of inquiry to determine the best
way in which to facilitate the retransmission of distant
broadcast signals such that it is more consistent with the 1992
Cable Act's goal of promoting competition in the market for
delivery of multichannel video programming and the public
interest. The Commission also shall within 180 days of
enactment report to Congress on the effect of the increase in
royalty fees paid by satellite carriers pursuant to the
decision by the Librarian of Congress on competition in the
market for delivery of multichannel video programming and the
ability of the direct-to-home satellite industry to compete.''.
SEC. 5. EFFECTIVE DATE OF INCREASED ROYALTY FEES.
(a) Notwithstanding any other provision of law, the Copyright
Office shall be prohibited from implementing, enforcing, collecting or
awarding copyright royalty fees, and no obligation or liability for
copyright royalty fees shall accrue pursuant to the decision of the
Librarian of Congress on October 27, 1997, which established a royalty
fee of $0.27 per subscriber per month for the retransmission of distant
broadcast signals by satellite carriers, before January 1, 1999. | Federal Communications Commission Satellite Carrier Oversight Act - Amends the Communications Act of 1934 to: (1) include direct-to-home satellite services under provisions protecting signal broadcast; (2) direct the Federal Communications Commission (FCC) to initiate a notice of inquiry to determine the best way to facilitate the retransmission of distant broadcast signals in order to promote market competition for delivery of multichannel video programming in the public interest; and (3) direct the FCC to report to the Congress on the effect of the increase in royalty fees paid by satellite carriers for such retransmission on such competition and the ability of the direct-to-home satellite industry to compete.
Prohibits the Copyright Office from implementing, before January 1, 1999, the decision of the Librarian of Congress which established a specified royalty fee per subscriber per month for the retransmission of distant broadcast signals by satellite carriers. | {"src": "billsum_train", "title": "Federal Communications Commission Satellite Carrier Oversight Act"} | 1,353 | 188 | 0.631765 | 1.756562 | 0.717081 | 4.473373 | 7.455621 | 0.934911 |
SECTION 1. EXTENSION OF TREATMENT TO OTHER JUDICIAL OFFICIALS.
(a) Definitions.--Section 8701(a) of title 5, United States Code,
is amended--
(1) in paragraph (9) by striking ``and'' after the
semicolon; and
(2) by inserting after paragraph (10) and before ``but does
not include'' the following:
``(11) a judicial official within the meaning of--
``(A) section 376(a)(1)(B) of title 28 who, after
attaining age 65 or on the basis of disability, retires
from regular active service under section 373 of such
title;
``(B) section 376(a)(1)(C) of title 28 who, after
attaining age 65 or on the basis of disability, retires
from regular active service under section 611 of such
title;
``(C) section 376(a)(1)(D) of title 28 who, after
attaining age 65 or on the basis of disability, retires
from regular active service under section 627 of such
title;
``(D) section 376(a)(1)(E) of title 28 who, after
attaining age 65 or on the basis of disability, retires
from regular active service under sections 611 and 677
of such title;
``(E) section 376(a)(1)(F) of title 28 who, after
attaining age 65 or on the basis of disability, retires
from regular active service under chapter 83 or 84 of
this title, section 377 of title 28, or section 2(c) of
the Retirement and Survivors' Annuities for Bankruptcy
Judges and Magistrates Act of 1988; or
``(F) section 376(a)(1)(G) of title 28 who, after
attaining age 65 or on the basis of disability, retires
from regular active service under section 178 of such
title; and
``(12) a judge of the United States Tax Court appointed
under section 7443(b) of the Internal Revenue Code of 1986 who
is retired from regular active service under section 7447
thereof;''.
(b) Provisions Relating to Termination.--
(1) Basic coverage and option b.--The second sentence of
section 8706(a) of title 5, United States Code, and the second
sentence of section 8714b(c)(1) of such title, are each amended
by inserting ``, and any employee as defined in section 8701(a)
(11) or (12),'' before ``are deemed''.
(2) Options a and c.--Sections 8714a(c)(1) and 8714c(c)(1)
of title 5, United States Code, are each amended by adding at
the end the following: ``Justices and judges of the United
States described in section 8701(a)(5) (ii) and (iii) of this
chapter, and any employee as defined in section 8701(a) (11) or
(12), are deemed to continue in active employment for purposes
of this chapter.''.
(c) Technical Amendments.--Section 8714a(c)(3) of title 5, United
States Code, and the third sentence of section 8714b(c)(1) of such
title, are repealed.
(d) Applicability.--
(1) In general.--
(A) Future retirements.--Except as provided in
subparagraph (B) and paragraph (2), nothing in this
section or in any amendment made by this section shall
be considered to affect the treatment under chapter 87
of title 5, United States Code, of any individual whose
date of retirement (as described in any provision of
the amendment made by subsection (a)(2)) precedes the
date of the enactment of this Act.
(B) Limited exception.--
(i) Applicability.--This subparagraph shall
apply to any individual--
(I) who retired (under any
provision of law cited in the amendment
made by subsection (a)(2)) after July
31, 1987, and before the date of the
enactment of this Act;
(II) who would have been eligible
to have continued being treated (after
retiring) as an employee under chapter
87 of title 5, United States Code, had
the amendments made by this section
been in effect at the time of such
individual's retirement; and
(III) who has remained continuously
covered under chapter 87 of title 5,
United States Code, since retiring.
(ii) Election.--Any individual described in
clause (i) may, upon appropriate written
application submitted within 12 months after
the effective date of the regulations under
clause (iv), elect, for purposes of chapter 87
of title 5, United States Code, to be treated
as if the amendments made by this section had
been in effect at the time of such individual's
retirement.
(iii) Prospective effect.--Nothing in this
subparagraph shall be considered to permit or
require any change in coverage or any
collection or repayment of contributions with
respect to any period before the election is
made.
(iv) Regulations.--The Office of Personnel
Management shall prescribe such regulations as
may be necessary to carry out this
subparagraph.
(2) Rule relating to certain technical amendments.--The
provisions added by subsection (b)(2) shall (A) to the extent
that they relate to justices and judges of the United States
described in section 8701(a)(5) (ii) and (iii) of title 5,
United States Code, and (B) with respect to the period after
December 31, 1986, and before the date of the enactment of this
Act, be given the same effect as would have been given to the
corresponding prior provisions of title 5, United States Code
(as inserted pursuant to amendments made by section 7(1) of
Public Law 99-336), had those prior provisions not been
superseded by amendments taking effect under Public Law 99-335.
SEC. 2. ASSIGNMENT AUTHORITY.
Section 8706(e) of title 5, United States Code, is amended--
(1) by striking ``Federal judge'' and inserting ``employee
or former employee'';
(2) by striking ``judge's'' and inserting ``employee's or
former employee's''; and
(3) by striking ``purchase'' and inserting ``purchased''. | Amends Federal civil service law to extend the treatment currently afforded to Federal judges under the Federal Employees' Group Life Insurance Program to certain other judicial officials. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to extend the treatment currently afforded to Federal judges under the Federal Employees Group Life Insurance Program to certain other judicial officials, and for other purposes."} | 1,436 | 36 | 0.421108 | 0.995075 | 0.234732 | 1.206897 | 42.896552 | 0.655172 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``English Language Unity Act of
2009''.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) The United States is comprised of individuals from
diverse ethnic, cultural, and linguistic backgrounds, and
continues to benefit from this rich diversity.
(2) Throughout the history of the United States, the common
thread binding individuals of differing backgrounds has been
the English language.
(3) Among the powers reserved to the States respectively is
the power to establish the English language as the official
language of the respective States, and otherwise to promote the
English language within the respective States, subject to the
prohibitions enumerated in the Constitution of the United
States and in laws of the respective States.
SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 6--OFFICIAL LANGUAGE
``Sec. 161. Official language of the United States
``The official language of the United States is English.
``Sec. 162. Preserving and enhancing the role of the official language
``Representatives of the Federal Government shall have an
affirmative obligation to preserve and enhance the role of English as
the official language of the Federal Government. Such obligation shall
include encouraging greater opportunities for individuals to learn the
English language.
``Sec. 163. Official functions of Government to be conducted in English
``(a) Official Functions.--The official functions of the Government
of the United States shall be conducted in English.
``(b) Scope.--For the purposes of this section, the term `United
States' means the several States and the District of Columbia, and the
term `official' refers to any function that (i) binds the Government,
(ii) is required by law, or (iii) is otherwise subject to scrutiny by
either the press or the public.
``(c) Practical Effect.--This section shall apply to all laws,
public proceedings, regulations, publications, orders, actions,
programs, and policies, but does not apply to--
``(1) teaching of languages;
``(2) requirements under the Individuals with Disabilities
Education Act;
``(3) actions, documents, or policies necessary for
national security, international relations, trade, tourism, or
commerce;
``(4) actions or documents that protect the public health
and safety;
``(5) actions or documents that facilitate the activities
of the Bureau of the Census in compiling any census of
population;
``(6) actions that protect the rights of victims of crimes
or criminal defendants; or
``(7) using terms of art or phrases from languages other
than English.
``Sec. 164. Uniform English language rule for naturalization
``(a) Uniform Language Testing Standard.--All citizens should be
able to read and understand generally the English language text of the
Declaration of Independence, the Constitution, and the laws of the
United States made in pursuance of the Constitution.
``(b) Ceremonies.--All naturalization ceremonies shall be conducted
in English.
``Sec. 165. Rules of construction
``Nothing in this chapter shall be construed--
``(1) to prohibit a Member of Congress or any officer or
agent of the Federal Government, while performing official
functions, from communicating unofficially through any medium
with another person in a language other than English (as long
as official functions are performed in English);
``(2) to limit the preservation or use of Native Alaskan or
Native American languages (as defined in the Native American
Languages Act);
``(3) to disparage any language or to discourage any person
from learning or using a language; or
``(4) to be inconsistent with the Constitution of the
United States.
``Sec. 166. Standing
``A person injured by a violation of this chapter may in a civil
action (including an action under chapter 151 of title 28) obtain
appropriate relief.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
title 4, United States Code, is amended by inserting after the item
relating to chapter 5 the following new item:
``Chapter 6. Official Language''.
SEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF THE
LAWS OF THE UNITED STATES.
(a) In General.--Chapter 1 of title 1, United States Code, is
amended by adding at the end the following new section:
``Sec. 9. General rules of construction for laws of the United States
``(a) English language requirements and workplace policies, whether
in the public or private sector, shall be presumptively consistent with
the Laws of the United States; and
``(b) Any ambiguity in the English language text of the Laws of the
United States shall be resolved, in accordance with the last two
articles of the Bill of Rights, not to deny or disparage rights
retained by the people, and to reserve powers to the States
respectively, or to the people.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of title 1, is amended by inserting after the item relating
to section 8 the following new item:
``9. General Rules of Construction for Laws of the United States.''.
SEC. 5. IMPLEMENTING REGULATIONS.
The Secretary of Homeland Security shall, within 180 days after the
date of enactment of this Act, issue for public notice and comment a
proposed rule for uniform testing English language ability of
candidates for naturalization, based upon the principles that--
(1) all citizens should be able to read and understand
generally the English language text of the Declaration of
Independence, the Constitution, and the laws of the United
States which are made in pursuance thereof; and
(2) any exceptions to this standard should be limited to
extraordinary circumstances, such as asylum.
SEC. 6. EFFECTIVE DATE.
The amendments made by sections 3 and 4 shall take effect on the
date that is 180 days after the date of the enactment of this Act. | English Language Unity Act of 2009 - Makes English the official language of the United States.
Requires, subject to exceptions and rules of construction, that: (1) official functions of the United States be conducted in English; and (2) all naturalization ceremonies be conducted in English. Establishes a uniform English language rule for naturalization.
Makes English language requirements and workplace policies, whether in the public or private sector, presumptively consistent with the laws of the United States. Directs the Secretary of Homeland Security to issue for public notice and comment a proposed rule for uniform testing of English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum. | {"src": "billsum_train", "title": "To declare English as the official language of the United States, to establish a uniform English language rule for naturalization, and to avoid misconstructions of the English language texts of the laws of the United States, pursuant to Congress' powers to provide for the general welfare of the United States and to establish a uniform rule of naturalization under article I, section 8, of the Constitution."} | 1,380 | 192 | 0.545303 | 1.525341 | 0.819836 | 6.03352 | 7.307263 | 0.972067 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science Prize Competitions Act''.
SEC. 2. AMENDMENTS TO PRIZE COMPETITIONS.
Section 24 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3719) is amended--
(1) in subsection (c)--
(A) by inserting ``competition'' after ``section, a
prize'';
(B) by inserting ``types'' after ``following''; and
(C) in paragraph (4), by striking ``prizes'' and
inserting ``prize competitions'';
(2) in subsection (f)--
(A) by striking ``in the Federal Register'' and
inserting ``on a publicly accessible Government
website, such as www.challenge.gov,''; and
(B) in paragraph (4), by striking ``prize'' and
inserting ``cash prize purse'';
(3) in subsection (g), by striking ``prize'' and inserting
``cash prize purse'';
(4) in subsection (h), by inserting ``prize'' before
``competition'' both places it appears;
(5) in subsection (i)--
(A) in paragraph (1)(B), by inserting ``prize''
before ``competition'';
(B) in paragraph (2)(A), by inserting ``prize''
before ``competition'' both places it appears;
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following
new paragraph:
``(3) Waiver.--An agency may waive the requirement under
paragraph (2). The annual report under subsection (p) shall
include a list of such waivers granted during the preceding
fiscal year, along with a detailed explanation of the reasons
for granting the waivers.'';
(6) in subsection (k)--
(A) in paragraph (2)(A), by inserting ``prize''
before ``competition''; and
(B) in paragraph (3), by inserting ``prize'' before
``competitions'' both places it appears;
(7) in subsection (l), by striking all after ``may enter
into'' and inserting ``a grant, contract, cooperative
agreement, or other agreement with a private sector for-profit
or nonprofit entity to administer the prize competition,
subject to the provisions of this section.'';
(8) in subsection (m)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Support for a prize competition under
this section, including financial support for the design and
administration of a prize competition or funds for a cash prize
purse, may consist of Federal appropriated funds and funds
provided by private sector for-profit and nonprofit entities.
The head of an agency may accept funds from other Federal
agencies, private sector for-profit entities, and nonprofit
entities, to be available to the extent provided by
appropriations Acts, to support such prize competitions. The
head of an agency may not give any special consideration to any
private sector for-profit or nonprofit entity in return for a
donation.'';
(B) in paragraph (2), by striking ``prize awards''
and inserting ``cash prize purses'';
(C) in paragraph (3)(A)--
(i) by striking ``No prize'' and inserting
``No prize competition''; and
(ii) by striking ``the prize'' and
inserting ``the cash prize purse'';
(D) in paragraph (3)(B), by striking ``a prize''
and inserting ``a cash prize purse'';
(E) in paragraph (3)(B)(i), by inserting
``competition'' after ``prize'';
(F) in paragraph (4)(A), by striking ``a prize''
and inserting ``a cash prize purse''; and
(G) in paragraph (4)(B), by striking ``cash
prizes'' and inserting ``cash prize purses'';
(9) in subsection (n), by inserting ``for both for-profit
and nonprofit entities,'' after ``contract vehicle'';
(10) in subsection (o)(1), by striking ``or providing a
prize'' and insert ``a prize competition or providing a cash
prize purse''; and
(11) in subsection (p)(2)--
(A) in subparagraph (C), by striking ``cash
prizes'' both places it occurs and inserting ``cash
prize purses''; and
(B) by adding at the end the following new
subparagraph:
``(G) Plan.--A description of crosscutting topical
areas and agency-specific mission needs that may be the
strongest opportunities for
prize competitions during the upcoming 2 fiscal
years.''.
Passed the House of Representatives May 19, 2015.
Attest:
KAREN L. HAAS,
Clerk. | Science Prize Competitions Act Amends the Stevenson-Wydler Technology Innovation Act of 1980 regarding prize competitions, allowing an agency to waive liability insurance requirements for participants. Allows an agency to enter into a grant, contract, cooperative agreement, or other agreement with a private sector for-profit as well as a nonprofit entity (as under current law) to administer a prize competition. Permits the use of funds from private sector for-profit entities to support a prize competition. Prohibits an agency from giving special consideration to any private sector for-profit entity in return for a donation. Limits the use of federal funds to those made available by appropriations Acts. | {"src": "billsum_train", "title": "Science Prize Competitions Act"} | 1,147 | 150 | 0.537525 | 1.415583 | 0.750929 | 3.523438 | 8.203125 | 0.820313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Strategic Services
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Office of Strategic Services (OSS) was America's
first effort to implement a system of strategic intelligence
during World War II and provided the basis for the modern-day
American intelligence and special operations communities. The
U.S. Special Operations Command and the National Clandestine
Service chose the OSS spearhead as their insignias.
(2) OSS founder General William J. Donovan is the only
person in American history to receive our Nation's four highest
decorations, including the Medal of Honor. Upon learning of his
death in 1959, President Eisenhower called General Donovan the
``last hero''. In addition to founding and leading the OSS,
General Donovan was also selected by President Roosevelt, who
called him his ``secret legs'', as an emissary to Great Britain
and continental Europe before the United States entered World
War II.
(3) All the military branches during World War II
contributed personnel to the OSS. The present-day Special
Operations Forces trace their lineage to the OSS. Its Maritime
Unit was a precursor to the U.S. Navy SEALs. The OSS
Operational Groups and Jedburghs were forerunners to U.S. Army
Special Forces. The 801st/492nd Bombardment Group
(``Carpetbaggers'') were progenitors to the Air Force Special
Operations Command. The Marines who served in the OSS,
including the actor Sterling Hayden (a Silver Star recipient),
Col. William Eddy (a Distinguished Service Cross recipient who
was described as the ``nearest thing the United States has had
to a Lawrence of Arabia''), and Col. Peter Ortiz (a two-time
Navy Cross recipient), were predecessors to the Marine Special
Operations Command. U.S. Coast Guard personnel were recruited
for the Maritime Unit and its Operational Swimmer Group.
(4) The OSS organized, trained, supplied, and fought with
resistance organizations throughout Europe and Asia that played
an important role in America's victory during World War II.
General Eisenhower credited the OSS's covert contribution in
France to the equivalent to having an extra military division.
General Eisenhower told General Donovan that if it did nothing
else, the photographic reconnaissance conducted by the OSS
prior to the D-Day Invasion justified its creation.
(5) Four future directors of central intelligence served as
OSS officers: William Casey, William Colby, Allen Dulles, and
Richard Helms.
(6) Women comprised more than one-third of OSS personnel
and played a critical role in the organization. They included
Virginia Hall, the only civilian female to receive a
Distinguished Service Cross in World War II, and Julia Child.
(7) OSS recruited Fritz Kolbe, a German diplomat who became
America's most important spy against the Nazis in World War II.
(8) America's leading scientists and scholars served in the
OSS Research and Analysis Branch, including Ralph Bunche, the
first African-American to receive the Nobel Peace Prize;
Pulitzer Prize-winning historian Arthur Schlesinger, Jr.;
Supreme Court Justice Arthur Goldberg; Sherman Kent; John King
Fairbank; and Walt Rostow. Its ranks included seven future
presidents of the American Historical Association, five of the
American Economic Association, and two Nobel laureates.
(9) The U.S. Department of State's Bureau of Intelligence
and Research traces its creation to the OSS Research and
Analysis Branch.
(10) James Donovan, who was portrayed by Tom Hanks in the
Steven Spielberg movie ``Bridge of Spies'' and negotiated the
release of U-2 pilot Francis Gary Powers, served as General
Counsel of the OSS.
(11) The OSS invented and employed new technology through
its Research and Development Branch, inventing new weapons and
revolutionary communications equipment. Dr. Christian
Lambertsen invented the first underwater rebreathing apparatus
that was first utilized by the OSS and is known today as SCUBA.
(12) OSS Detachment 101 operated in Burma and pioneered the
art of unconventional warfare. It was the first United States
unit to deploy a large guerrilla army deep in enemy territory.
It has been credited with the highest kill/loss ratio for any
infantry-type unit in American military history and was awarded
a Presidential Unit Citation.
(13) Its X-2 branch pioneered counterintelligence with the
British and established the modern counterintelligence
community. The network of contacts built by the OSS with
foreign intelligence services led to enduring Cold War
alliances.
(14) Operation Torch, the Allied invasion of French North
Africa in November 1942, was aided by the networks established
and information acquired by the OSS to guide Allied landings.
(15) OSS Operation Halyard rescued more than 500 downed
airmen trapped behind enemy lines in Yugoslavia, one of the
most daring and successful rescue operations of World War II.
(16) OSS ``Mercy Missions'' at the end of World War II
saved the lives of thousands of Allied prisoners of war whom it
was feared would be murdered by the Japanese.
(17) The handful of surviving men and women of the OSS whom
General Donovan said performed ``some of the bravest acts of
the war'' are members of the ``Greatest Generation''. They have
never been collectively recognized for their heroic and
pioneering service in World War II.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design in commemoration to the
members of the Office of Strategic Services (OSS), in recognition of
their superior service and major contributions during World War II.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
commemoration to the members of the Office of Strategic
Services under subsection (a), the gold medal shall be given to
the Smithsonian Institution, where it will be displayed as
appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other appropriate locations associated with the
Office of Strategic Services.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Office of Strategic Services Congressional Gold Medal Act This bill requires the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to the members of the Office of Strategic Services in recognition of their service and contributions during World War II. | {"src": "billsum_train", "title": "Office of Strategic Services Congressional Gold Medal Act"} | 1,685 | 64 | 0.349384 | 0.931032 | 0.472496 | 4.793103 | 25.965517 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancement of Military Benefits
Act''.
SEC. 2. 2001 PAY RAISE FOR MEMBERS OF THE UNIFORMED SERVICES.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2001 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2001, the rates
of monthly basic pay for members of the uniformed services are
increased by 4.8 percent.
SEC. 3. EXPANSION OF MEDICARE SUBVENTION PROJECT FOR MILITARY RETIREES
AND DEPENDENTS.
(a) Expansion of Sites.--
(1) Expansion to 16 sites.--Effective January 1, 2001,
subsection (b)(2) of section 1896 of the Social Security Act
(42 U.S.C. 1395ggg) is amended by striking ``6'' and inserting
``16''.
(2) Future repeal of limitation on number of sites.--
Effective October 1, 2003, paragraph (2) of section 1896(b) of
such Act is amended to read as follows:
``(2) Location of sites.--The program shall be conducted in
any site designated jointly by the administering
Secretaries.''.
(b) Making Project Permanent; Changes in Project References.--
(1) Elimination of time limitation.--Paragraph (4) of
section 1896(b) of such Act is repealed.
(2) Treatment of caps.--Subsection (i)(4) of section 1896
of such Act is amended by adding at the end the following:
``This paragraph shall not apply after calendar year 2001.''.
(3) Conforming changes of references to demonstration
project.--Section 1896 of such Act is further amended--
(A) in the heading, by striking ``demonstration
project'' and inserting ``program'';
(B) by amending subsection (a)(2) to read as
follows:
``(2) Program.--The term `program' means the program
carried out under this section.'';
(C) in the heading to subsection (b), by striking
``Demonstration Project'' and inserting ``Program'';
(D) by striking ``demonstration project'' or
``project'' each place either appears and inserting
``program'';
(E) in subsection (k)(2)--
(i) by striking ``extension and expansion
of demonstration project'' and inserting
``program''; and
(ii) by striking subparagraphs (A) through
(C) and inserting the following:
``(A) whether there is a cost to the health care
program under this title in conducting the program
under this section; and
``(B) whether the terms and conditions of the
program should be modified.''.
(4) Additional conforming amendment.--Paragraph (5) of
section 1896(b) of such Act is repealed.
(c) Permitting Payment on a Fee-for-Service Basis.--
(1) In general.--Section 1896 of the Social Security Act is
further amended by adding at the end the following new
subsection:
``(l) Payment on a Fee-for-Service Basis.--Instead of the payment
method described in subsection (i)(1) and in the case of individuals
who are not enrolled in the program in the manner described in
subsection (d)(1), the Secretary may reimburse the Secretary of Defense
for services provided under the program at a rate that does not exceed
the rate of payment that would otherwise be made under this title for
such services if sections 1814(c) and 1835(d), and paragraphs (2) and
(3) of section 1862(a), did not apply.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsections (b)(1)(B)(v) and
(b)(1)(B)(viii)(I), by inserting ``or subsection (l)''
after ``subsection (i)';
(B) in subsection (b)(2), by adding at the end the
following: ``If feasible, at least one of the sites
shall be conducted using the fee-for-service
reimbursement method described in subsection (l).'';
(C) in subsection (d)(1)(A), by inserting
``(insofar as it provides for the enrollment of
individuals and payment on the basis described in
subsection (i))'' before ``shall meet'';
(D) in subsection (d)(1)(A), by inserting ``and the
program (insofar as it provides for payment for
facility services on the basis described in subsection
(l)) shall meet all requirements for such facilities
under this title'' after ``medicare payments'';
(E) in subsection (d)(2), by inserting ``, insofar
as it provides for the enrollment of individuals and
payment on the basis described in subsection (i),''
before ``shall comply'';
(F) in subsection (g)(1), by inserting ``, insofar
as it provides for the enrollment of individuals and
payment on the basis described in subsection (i),''
before ``the Secretary of Defense'';
(G) in subsection (i)(1), by inserting ``and
subsection (l)'' after ``of this subsection'';
(H) in subsection (i)(4), by inserting ``and
subsection (l)'' after ``under this subsection''; and
(I) in subsection (j)(2)(B)(ii), by inserting ``or
subsection (l)'' after ``subsection (i)(1)''.
(3) Effective date.--The amendments made by this subsection
take effect on January 1, 2001, and apply to services furnished
on or after such date.
(d) Elimination of Restriction on Eligibility.--Section 1896(b)(1)
of such Act is amended by adding at the end the following new
subparagraph:
``(C) Elimination of restrictive policy.--If the
enrollment capacity in the program has been reached at
a particular site designated under paragraph (2) and
the Secretary therefore limits enrollment at the site
to medicare-eligible military retirees and dependents
who are enrolled in TRICARE Prime (as defined for
purposes of chapter 55 of title 10, United States Code)
at the site immediately before attaining 65 years of
age, participation in the program by a retiree or
dependent at such site shall not be restricted based on
whether the retiree or dependent has a civilian primary
care manager instead of a military primary care
manager.''.
(e) Medigap Protection for Enrollees.--Section 1896 of such Act is
further amended by adding at the end the following new subsection:
``(m) Medigap Protection for Enrollees.--(1) Subject to paragraph
(2), the provisions of section 1882(s)(3) (other than clauses (i)
through (iv) of subparagraph (B)) and 1882(s)(4) of the Social Security
Act shall apply to any enrollment (and termination of enrollment) in
the program (for which payment is made on the basis described in
subsection (i)) in the same manner as they apply to enrollment (and
termination of enrollment) with a Medicare+Choice organization in a
Medicare+Choice plan.
``(2) In applying paragraph (1)--
``(A) in the case of enrollments occurring before January
1, 2001, any reference in clause (v) or (vi) of section
1882(s)(3)(B) of such Act to 12 months is deemed a reference to
the period ending on December 31, 2001; and
``(B) the notification required under section 1882(s)(3)(D)
of such Act shall be provided in a manner specified by the
Secretary of Defense in consultation with the Director of the
Office of Personnel Management.''.
SEC. 4. INCREASE IN MILITARY SURVIVOR BENEFIT PLAN ANNUITIES FOR
BENEFICIARIES 62 YEARS OF AGE AND OLDER.
(a) Repeal of Annuity Reduction at Age 62.--(1) Subsection (a) of
section 1451 of title 10, United States Code, is amended to read as
follows:
``(a) Computation of Annuity for a Spouse, Former Spouse, or
Child.--
``(1) Standard annuity.--In the case of a standard annuity
provided to a beneficiary under section 1450(a) of this title
(other than under section 1450(a)(4)), the monthly annuity
shall be the amount equal to 55 percent of the base amount.
``(2) Reserve-component annuity.--In the case of a reserve-
component annuity provided to a beneficiary under section
1450(a) of this title (other than under section 1450(a)(4)),
the monthly annuity payable to the beneficiary shall be the
amount equal to a percentage of the base amount that--
``(A) is less than 55 percent; and
``(B) is determined under subsection (f).''.
(2) Subsection (c)(1) of such section is amended to read as
follows:
``(1) In general.--In the case of an annuity provided under
section 1448(d) or 1448(f) of this title, the amount of the
monthly annuity shall be the amount equal to 55 percent of the
retired pay to which the member or former member would have
been entitled if the member or former member had been entitled
to that pay based upon his years of active service when he
died.''.
(3) Subsections (d) and (e) of such section are repealed.
(b) Termination of Supplemental SBP Program.--The Secretary of
Defense shall terminate the Supplemental Survivor Benefit Plan program
under subchapter III of chapter 73 of title 10, United States Code,
effective on the date specified in subsection (d). No annuity may be
paid under that subchapter, and no reduction in retired pay may be made
under that subchapter, for any period on or after that date.
(c) Recomputation of Annuities.--Effective as of the date specified
in subsection (d), the Secretary concerned shall recompute annuities
payable under subchapter II of chapter 73 of title 10, United States
Code, as necessary so that each such annuity is in the amount that
would be in effect if initially computed under section 1450 of title
10, United States Code, as amended by subsection (a).
(d) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2000, and shall apply to payments under
chapter 73 of title 10, United States Code, for months beginning on or
after that date.
SEC. 5. INCLUSION OF UNIFORMED SERVICES RETIREES AND DEPENDENTS IN
FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1108 the following new section:
``Sec. 1108a. Health care coverage through Federal Employees Health
Benefits program: retirees and dependents
``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management under which eligible
beneficiaries described in subsection (b) may enroll in health benefits
plans offered through the Federal Employees Health Benefits program
under chapter 89 of title 5.
``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is--
``(A) a member or former member of the uniformed services
described in section 1074(b) of this title; or
``(B) an individual who is a dependent of such a member or
former member.
``(2) Eligible beneficiaries may enroll in a Federal Employees
Health Benefit plan under chapter 89 of title 5 under this section for
self-only coverage or for self and family coverage.
``(3) A person eligible for coverage under this subsection shall
not be required to satisfy any eligibility criteria specified in
chapter 89 of title 5 as a condition for enrollment in health benefits
plans offered through the Federal Employees Health Benefits program
under this section.
``(c) Separate Risk Pools; Charges.--(1) The Director of the Office
of Personnel Management shall require health benefits plans under
chapter 89 of title 5 that participate under this section to maintain a
separate risk pool for purposes of establishing premium rates for
eligible beneficiaries who enroll in such a plan in accordance with
this section.
``(2) The Director shall determine total subscription charges for
self only or for family coverage for eligible beneficiaries who enroll
in a health benefits plan under chapter 89 of title 5 in accordance
with this section. The subscription charges shall include premium
charges paid to the plan and amounts described in section 8906(c) of
title 5 for administrative expenses and contingency reserves.
``(d) Government Contributions.--The Secretary of Defense shall be
responsible for the Government contribution for an eligible beneficiary
who enrolls in a health benefits plan under chapter 89 of title 5 in
accordance with this section, except that the amount of the
contribution may not exceed the amount of the Government contribution
which would be payable if the electing beneficiary were an employee (as
defined for purposes of such chapter) enrolled in the same health
benefits plan and level of benefits.''.
(b) Conforming Amendments.--(1) The table of sections at the
beginning of chapter 55 of title 10, United States Code, is amended by
inserting after the item relating to section 1108 the following new
item:
``1108a. Health care coverage through Federal Employees Health Benefits
program: retirees and dependents.''.
(2) Chapter 89 of title 5, United States Code, is amended in
section 8905(d) by inserting ``or 1108a'' after ``section 1108''. | Amends title XVIII (Medicare) of the Social Security Act to extend to up to 16 (currently six) the number of authorized sites for the Medicare subvention demonstration project (a project under which the Secretary of Health and Human Services reimburses the Secretary of Defense (Secretary) for certain services provided through the Department of Defense for Medicare-eligible military retirees and dependents). Makes such demonstration project permanent (currently terminates on January 1, 2001), designating it as a program. Authorizes such reimbursement on a fee-for-service basis in lieu of a current percentage rate. Eliminates a program eligibility restriction based on whether the retiree or dependent has a civilian primary care manager instead of a military primary care manager. Provides Medigap protection for program enrollees in the same manner as applied to enrollment with a Medicare+Choice plan.
Increases from 35 to 55 percent of the base amount of military retired pay the military Survivor Benefit Plan annuity for beneficiaries age 62 or older. Directs the Secretary to terminate the Supplemental Survivor Benefit Plan program.
Directs the Secretary to enter into an agreement with the Office of Personnel Management under which members and former members entitled to retired or retainer pay, and their dependents, may enroll in health benefits plans offered through the Federal Employees Health Benefits program (FEHBP). Prohibits such individuals from being required to satisfy any FEHBP eligibility criteria. Makes the Secretary responsible for required Government contributions for such enrollees. | {"src": "billsum_train", "title": "Enhancement of Military Benefits Act"} | 3,209 | 337 | 0.521769 | 1.506715 | 0.720184 | 3.232472 | 10.265683 | 0.878229 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Church Plan Parity and Entanglement
Prevention Act of 1999''.
SEC. 2. COVERAGE IN CERTAIN CASES OF CERTAIN CHURCH PLANS UNDER
PROVISIONS OF ERISA SUPERSEDING CERTAIN STATE LAWS.
(a) Section 4 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1003) is amended--
(1) in subsection (b)(2), by adding at the end the
following: ``except that section 514 shall apply as provided in
subsection (c) with respect to a church plan to the extent such
section provides for the superseding of State insurance law and
such plan meets the requirements of subsection (c),''; and
(2) by adding at the end the following new subsection:
``(c)(1) A church plan meets the requirements of this subsection
if--
``(A) the plan is established and maintained by a church or
a convention or association of churches, including an
organization described in section 3(33)(C)(i);
``(B) such church, convention or association of churches,
or organization has engaged in substantial operations for more
than 5 years in connection with the administration or funding
of 1 or more employee benefit plans; and
``(C) such church, convention or association of churches,
or organization has filed with the Secretary before the end of
each plan year to which this subsection applies an affidavit of
a fiduciary attesting that the plan (including any trust
forming a part of the plan) meets the requirements of this
subsection, specifying the name of the plan, the address of the
principal place of business of the plan, the name of the plan
administrator, the address of the plan administrator, the total
number of participants, and providing such additional
information as the Secretary may determine by regulation may be
provided without significant burden to the plan.
The Secretary shall consult with the National Association of Insurance
Commissioners in issuing regulations under subparagraph (C).
``(2) The requirements of this subsection shall be construed so as
to maintain a rebuttable presumption against the superseding of State
law.
``(3) For purposes of this subsection, the term `church plan'
excludes any other entity, irrespective of any affiliation with the
plan (or with a trust forming a part of the plan), to the extent that
such entity's principle purpose or function is other than the
administration or funding of benefits under an employee benefit plan
for the employees of a church or convention or association of churches.
``(4) Except as specifically provided in paragraph (5), nothing in
this subsection shall be construed to affect any State law--
``(A) to the extent that it applies to an insurance
company, or insurer, including a health maintenance
organization or provider service organization; or
``(B) which is enacted for the purpose of the regulation of
the business of insurance, except to the extent that such law
is applied directly to a church plan meeting the requirements
of this subsection (or any trust forming a part of the plan).
``(5) This title shall supersede any provision of State law which,
solely because a church plan meeting the requirements of this
subsection (or a trust forming a part of such plan) does not comply
with a State law otherwise superseded by this title, prohibits--
``(A) an agent or broker, otherwise authorized to engage in
the sale of insurance within a State, from engaging in a sale
of insurance in connection with a church plan meeting the
requirements of this subsection (or a trust forming a part of
such a plan);
``(B) an insurer, otherwise authorized to engage in the
sale of stop-loss insurance, from issuing a stop-loss policy in
connection with a church plan meeting the requirements of this
subsection (or a trust forming a part of such a plan); or
``(C) a service provider, otherwise authorized to engage in
the provision of services within a State, from providing
services in connection with a church plan meeting the
requirements of this subsection.
``(6) Nothing in this subsection shall be construed to--
``(A) alter, amend, modify, invalidate, impair, or
supersede any other law of the United States or any rule or
regulation issued under any such law;
``(B) alter, amend, modify, invalidate, impair, or
supersede any law of any State, or any rule or regulation
issued under any such law, unless specifically so provided in
this subsection;
``(C) alter, amend, modify, invalidate, impair, or
supersede any State law to the extent that it imposes
requirements on policies or contracts of insurance purchased by
church plans meeting the requirements of this subsection; or
``(D) alter, amend, modify, invalidate, impair, or
supersede any State law which applies to a function other than
the function of operating a church plan meeting the
requirements of this subsection.
``(7) For purposes of this subsection, the terms `State' and `State
law' have the meanings provided such terms under section 514(c).''.
SEC. 3. NO INFERENCE.
Nothing in this Act may be construed to raise any inference with
respect to the applicability to any church plan (or trust forming a
part of a church plan) of any State law which is not expressly
superseded by reason of the amendments made by this Act.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act. | Church Plan Parity and Entanglement Prevention Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for the preemption of State law in certain cases relating to specified types of church plans. | {"src": "billsum_train", "title": "Church Plan Parity and Entanglement Prevention Act of 1999"} | 1,263 | 51 | 0.570016 | 1.441245 | 0.925487 | 3.146341 | 28.756098 | 0.853659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elementary School Counseling
Demonstration Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) elementary school children are being subjected to
unprecedented social stresses, including fragmentation of the
family, drug and alcohol abuse, child abuse, poverty, and
violence, and experts indicate that intervention at an early
age is the most beneficial;
(2) an increasing number of elementary school children are
exhibiting symptoms of distress, such as substance abuse,
emotional disorders, academic underachievement, disruptive
behavior, juvenile delinquency, and suicide;
(3) elementary school counselors, school psychologists and
school social workers can contribute to the personal growth,
educational development, and emotional well-being of elementary
school children by providing professional counseling,
intervention, and referral services;
(4) the average ratio of elementary school counselors to
students is 1 to 1,000, the average ratio of school
psychologists to students is 1 to 2,500, and the average ratio
of school social workers to students is 1 to 2,500;
(5) when there is 1 counselor to 1,000 students, 1 school
psychologist to 2,500 students, and 1 school social worker to
2,500 students, elementary school counseling programs are
seldom adequate;
(6) the Federal Government can help reduce the risk of
academic, social, and emotional problems among elementary
school children by stimulating the development of model
elementary school counseling programs; and
(7) the Federal Government can help reduce the risk of
future unemployment and assist the school to work transition by
stimulating the development of model elementary school
counseling programs that include comprehensive career
development.
(b) Purpose.--It is the purpose of this Act to enhance the
availability and quality of counseling services for elementary school
children by providing grants to local educational agencies to enable
such agencies to establish effective and innovative elementary school
counseling programs that can serve as national models.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 for each of the
fiscal years 1994, 1995, 1996, 1997, and 1998 to carry out this Act.
SEC. 4. PROGRAM AUTHORITY.
(a) In General.--From amounts appropriated pursuant to the
authority of section 3 in any fiscal year, the Secretary shall make
grants to local educational agencies having applications approved under
section 5 to initiate or expand school counseling programs for
elementary school children.
(b) Priority.--In awarding grants under this Act, the Secretary
shall give special consideration to applications describing programs
that--
(1) demonstrate the greatest need for new or additional
counseling services among the children in the elementary
schools served by the applicant;
(2) propose the most promising and innovative approaches
for initiating or expanding elementary school counseling; and
(3) show the greatest potential for replication and
dissemination.
(c) Equitable Distribution.--In awarding grants under this Act, the
Secretary shall ensure an equitable geographic distribution among the
regions of the United States and among urban, suburban, and rural
areas.
(d) Duration.--A grant under this Act shall be awarded for a period
not to exceed 3 years.
(e) Maximum Grant.--A grant under this Act shall not exceed
$400,000 for any fiscal year.
SEC. 5. APPLICATIONS.
(a) In General.--Each local educational agency desiring a grant
under this Act shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
(b) Notification of State Educational Agency.--Before submitting an
application to the Secretary in accordance with subsection (a), a local
educational agency shall provide the State educational agency with an
opportunity to review and comment on the program described in such
application. The comments of the State educational agency shall be
appended to the application upon submission of the application to the
Secretary.
(c) Contents.--Each application for a grant under this Act shall--
(1) describe the elementary school population to be
targeted by the program, the particular personal, social,
emotional, educational, and career development needs of such
population, and the current school counseling resources
available for meeting such needs;
(2) describe the activities, services, and training to be
provided by the program and the specific approaches to be used
to meet the needs described in paragraph (1);
(3) describe the methods to be used to evaluate the
outcomes and effectiveness of the program;
(4) describe the collaborative efforts to be undertaken
with institutions of higher education, businesses, labor
organizations, community groups, social service agencies, and
other public or private entities to enhance the program and
promote school-linked services integration;
(5) describe collaborative efforts with institutions of
higher education which specifically seek to enhance or improve
graduate programs specializing in the preparation of elementary
school counselors, school psychologists, and school social
workers;
(6) document that the applicant has the personnel qualified
to develop, implement, and administer the program;
(7) describe how any diverse cultural populations would be
served through the program;
(8) assure that the funds made available under this Act for
any fiscal year will be used to supplement and, to the extent
practicable, increase the level of funds that would otherwise
be available from non-Federal sources for the program described
in the application, and in no case supplant such funds from
non-Federal sources; and
(9) assure that the applicant will appoint an advisory
board composed of parents, school counselors, school
psychologists, school social workers, other pupil services
personnel, teachers, school administrators, and community
leaders to advise the local educational agency on the design
and implementation of the program.
SEC. 6. USE OF FUNDS.
(a) In General.--Grant funds under this Act shall be used to
initiate or expand elementary school counseling programs that comply
with the requirements in subsection (b).
(b) Program Requirements.--Each program assisted under this Act
shall--
(1) be comprehensive in addressing the personal, social,
emotional, educational, and career development needs of all
students;
(2) use a developmental, preventive approach to counseling;
(3) increase the range, availability, quantity, and quality
of counseling services in the elementary schools of the local
educational agency;
(4) ensure a team approach to school counseling by
maintaining a ratio in the elementary schools of the local
educational agency that does not exceed 1 school counselor to
250 students, 1 school social worker to 800 students and 1
school psychologist to 1,000 students;
(5) expand counseling services only through qualified
school counselors, school psychologists, and school social
workers;
(6) use innovative approaches to increase children's
understanding of peer and family relationships, work and self,
decisionmaking, academic and career planning, or to improve
social functioning;
(7) provide counseling services with the goal of developing
a highly skilled workforce through a range of quality
educational programs and work-related experiences that allow
students to reach high school graduation equipped to tackle
immediately the world of work, or to continue in some form of
postsecondary education or training, or both;
(8) provide counseling services that are well-balanced
among classroom group and small group counseling, individual
counseling, and consultation with parents, teachers,
administrators, and other pupil services personnel;
(9) include inservice training for school counselors,
school social workers, school psychologists, other pupil
services personnel, teachers, and instructional staff;
(10) involve parents of participating students in the
design, implementation, and evaluation of a counseling program;
(11) involve collaborative efforts with institutions of
higher education, businesses, labor organizations, community
groups, social service agencies, or other public or private
entities to enhance the program and promote school-linked
services integration;
(12) ensure that school counselors, school psychologists or
school social workers paid from funds made available under this
Act spend at least 85 percent of their total work time in
activities directly related to the counseling process and not
more than 15 percent of such time on administrative tasks that
are associated with the counseling program;
(13) provide supervision for professionals who are hired
under this Act by supervisors who are school counselors, school
social workers, and school psychologists; and
(14) evaluate annually the effectiveness and outcomes of
the counseling services and activities assisted under this Act.
SEC. 7. NATIONAL ADMINISTRATION.
(a) Office of Pupil Services.--
(1) In general.--Title II of the Department of Education
Organization Act (20 U.S.C. 3411 et seq.) is amended by adding
at the end the following new section:
``office of pupil services
``Sec. 216. (a) There shall be in the Department of Education an
Office of Pupil Services, to be administered by the Director of Pupil
Services. Such Office shall be established in accordance with section
405A of the General Education Provisions Act.
``(b) The Director of Pupil Services shall be an individual of
recognized professional qualifications and experience in the field of
pupil services.''.
(2) Amendment to the general education provisions act.--
Part A of the General Education Provisions Act (20 U.S.C. 1221e
et seq.) is amended by inserting after section 405 the
following new section:
``SEC. 405A. OFFICE OF PUPIL SERVICES.
``(a) Establishment.--The Secretary shall establish an Office of
Pupil Services (hereafter in this section referred to as the `Office').
``(b) Functions of the Office.--The Office shall be responsible
for--
``(1) administering, reviewing, and monitoring pupil
services programs, including the programs funded under the
Elementary School Counseling Act; and
``(2) providing a national focal point for information and
technical assistance regarding the counseling, personal,
social, emotional, educational, career development and
psychological needs of elementary and secondary school
children.''.
(b) Data Collection and Evaluation.--
(1) In general.--The Director of the Office of Pupil
Services shall compile the evaluations of the programs assisted
under this Act and shall regularly collect such data as the
Secretary finds necessary to develop a profile of the use and
impact of funds provided under this Act.
(2) Report.--The Secretary shall issue a report evaluating
the programs assisted pursuant to each grant under this section
at the end of each grant period, but in no case later than
January 30, 1998.
(c) Dissemination.--The Secretary shall make the programs assisted
under this Act available for dissemination, either through the National
Diffusion Network or other appropriate means.
(d) Limit on Administration.--Not more than 5 percent of the
amounts appropriated pursuant to the authority of section 3 in any
fiscal year shall be used to carry out the provisions of this section,
including the costs of establishing the Office of Pupil Services.
SEC. 8. DEFINITIONS.
For purposes of this Act--
(1) the term ``comprehensive'' means, with respect to
counseling services, a program in which--
(A) a school counselor, school psychologist, or
school social worker uses a range of individual and
group techniques and resources in a planned way to meet
the personal, social, emotional, educational, and
career development needs of all elementary children in
a school; and
(B) a school counselor, school psychologist, or
school social worker works directly with children,
families, teachers, and other school or agency
personnel to create an optimal positive learning
environment and personal growth opportunities for all
children;
(2) the term ``developmental'' means, with respect to a
school counseling program, a systematically planned program
that--
(A) provides appropriate school counseling
interventions to foster the social, emotional,
physical, moral, and cognitive growth of elementary
school children;
(B) provides intervention services to help children
cope with family, social, emotional, and academic
problems; and
(C) supports and enhances the efforts of families,
teachers, and other school personnel to provide
children maximum opportunity to acquire competence and
skill in self-understanding and appreciation,
interpersonal interaction, educational achievement and
literacy, and career awareness and personal
decisionmaking;
(3) the term ``Director'' means the Director of the Office
of Pupil Services in the Department of Education;
(4) the term ``elementary school'' has the meaning given
such term in section 1471(8) of the Elementary and Secondary
Education Act of 1965;
(5) the term ``institution of higher education'' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965;
(6) the term ``local educational agency'' has the meaning
given such term in section 1471(12) of the Elementary and
Secondary Education Act of 1965;
(7) the term ``parent'' has the meaning given such term in
section 1471(14) of the Elementary and Secondary Education Act
of 1965;
(8) the term ``pupil services personnel'' has the meaning
given such term in section 1471(17) of the Elementary and
Secondary Education Act of 1965;
(9) the term ``school counselor'' means an individual who
has documented competence in counseling children and
adolescents in a school setting and who--
(A) possesses State licensure or certification
granted by an independent professional regulatory
authority;
(B) in the absence of such State licensure or
certification, possesses national certification in
school counseling or a specialty of counseling granted
by an independent professional organization; or
(C) holds a minimum of a master's degree in school
counseling from a program accredited by the Council for
Accreditation of Counseling and Related Educational
Programs or the equivalent;
(10) the term ``school psychologist'' means an individual
who--
(A) possesses a minimum of 60 graduate semester
hours in school psychology from an institution of
higher education and has completed 1,200 clock hours in
a supervised school psychology internship, of which 600
hours shall be in the school setting; and
(B) possess State licensure or certification in the
State in which the individual works; or
(C) in the absence of such State licensure or
certification, possess national certification by the
National School Psychology Certification Board;
(11) the term ``school social worker'' means an individual
who holds a master's degree in social work and is licensed or
certified by the State in which services are provided or holds
a school social work specialist credential;
(12) the term ``Secretary'' means the Secretary of
Education;
(13) the term ``State educational agency'' has the meaning
given such term in section 1471(23) of the Elementary and
Secondary Education Act of 1965; and
(14) the term ``supervisor'' means an individual who has
the equivalent number of years of professional experience in
such individual's respective discipline as is required of
teaching experience for the supervisor or administrative
credential in the State of such individual.
S 1142 IS----2 | Elementary School Counseling Demonstration Act - Establishes an elementary school counseling demonstration grant program.
Authorizes appropriations.
Directs the Secretary of Education to make such grants to local education agencies (LEAs). Requires LEAs to notify their State education agencies before applying for such grants. Sets certain priorities for grant awards.
Amends the Department of Education Organization Act to direct the Secretary to establish an Office of Pupil Services in the Department of Education. Requires the Director of such Office to compile LEA evaluations of programs under this Act. Directs the Secretary to issue a research and evaluation report. | {"src": "billsum_train", "title": "Elementary School Counseling Demonstration Act"} | 3,166 | 140 | 0.449897 | 1.13244 | 0.699809 | 1.920354 | 27.716814 | 0.80531 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Certainty for States and Tribes
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Committee.--The term ``Committee'' means the Royalty
Policy Committee reestablished under section 3(a).
(2) Board.--The term ``Board'' means the State and Tribal
Resources Board established under section 3(c).
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. RECONSTITUTION OF THE ROYALTY POLICY.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall reestablish the Royalty Policy
Committee in accordance with the charter of the Secretary dated March
26, 2010, except as otherwise provided in this Act.
(b) Corrections and Updates.--In reestablishing the Committee, the
Secretary shall make appropriate technical corrections and updates to
the charter of the Committee, including by revising--
(1) all references to the Minerals Management Service or
the Minerals Revenue Management so as to refer to the Office of
Natural Resources Revenue;
(2) the estimated number and frequency of meetings of the
Committee so that the Committee shall meet not less frequently
than once each year; and
(3) the non-Federal membership of the Committee to
include--
(A) not fewer than 5 members representing Governors
of States that receive more than $10,000,000 annually
in royalty revenues from Federal leases; and
(B) not more than 5 members representing Indian
tribes that are mineral-producing Indian tribes under--
(i) the Act of May 11, 1938 (commonly known
as the ``Indian Mineral Leasing Act of 1938'')
(25 U.S.C. 396a et seq.);
(ii) title XXVI of the Energy Policy Act of
1992 (25 U.S.C. 3501 et seq.);
(iii) the Indian Mineral Development Act of
1982 (25 U.S.C. 2101 et seq.); or
(iv) any other law relating to mineral
development that is specific to one or more
Indian tribes.
(c) Establishment of Subcommittee.--
(1) In general.--The Secretary shall establish a
subcommittee of the Committee, to be known as the ``State and
Tribal Resources Board''.
(2) Membership.--The Board shall be comprised of the non-
Federal members of the Committee described in subsection
(b)(3).
SEC. 4. REVIEW OF REGULATIONS AND POLICIES.
(a) Consultation and Report.--
(1) In general.--With respect to any proposed regulation or
policy relating to mineral leasing policy for Federal land or
Indian land for exploration, development, or production of oil,
gas, or coal (including valuation methodologies and royalty and
lease rates for oil, gas, or coal), not later than 180 days
after the applicable date described in paragraph (2), the
Committee shall--
(A) assess the proposed regulation or policy; and
(B) issue a report that describes the potential
impact of the proposed regulation or policy, including
any State and tribal budgetary and economic impacts
described in subsection (b).
(2) Date described.--The date referred to in paragraph (1)
is, as applicable--
(A) with respect to a proposed regulation or policy
issued on or after the date of enactment of this Act,
the date of the issuance by the Secretary of the
proposed regulation or policy; and
(B) with respect to a proposed regulation or policy
that is pending as of the date of enactment of this
Act, the date of the enactment of this Act.
(b) State and Tribal Impact Determination.--
(1) In general.--To the maximum extent practicable, before
any proposed regulation described in subsection (a)(1) is
issued as a final rule, the Board shall publish a determination
of the impact of the regulation on school funding, public
safety, and other essential State or Indian tribal government
services.
(2) Delay request.--If the Board determines that a
regulation described in paragraph (1) will have a negative
State or tribal budgetary or economic impact, the Board may
request a delay in the issuance of the proposed regulation as a
final rule for the purposes of further--
(A) stakeholder consultation;
(B) budgetary review; and
(C) development of a proposal to mitigate the
negative budgetary or economic impact.
(3) Limitation.--A delay under paragraph (2) shall not
exceed a 180-day period beginning on the date on which the
Board requested the delay.
(c) Revision of Proposed Regulation.--
(1) In general.--Before any proposed regulation described
in subsection (a)(1) may be issued as a final rule, the
Secretary shall take into account any negative State or tribal
budgetary or economic impact determined by the Committee under
subsection (a)(1) and revise the proposed regulation to avoid
the negative impact.
(2) Final rule.--Any final regulation subject to paragraph
(1) shall include--
(A) a summary of the report required under
subsection (a)(1)(B); and
(B) a clear explanation of why the recommendations
of that report (including the State and tribal
determination under subsection (b)(1)) were or were not
taken into account in the finalization of the
regulation.
(d) Report to Congress.--The Secretary shall submit to the Chairmen
and Ranking Members of the Committee on Energy and Natural Resources
and the Committee on Indian Affairs of the Senate and the Committee on
Natural Resources of the House of Representatives a report regarding
the explanation under subsection (c)(2)(B) of why the recommendations
of the report under subsection (a)(1)(B) (including the State and
tribal determination under subsection (b)(1)) were or were not taken
into account in the finalization of the regulation.
SEC. 5. SPECIAL REVIEW OF PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.
(a) Participants in Programmatic Review.--
(1) In general.--In carrying out the programmatic review of
coal leasing on Federal land as described in section 4 of
Secretarial Order 3338, issued by the Secretary on January 15,
2016, and entitled ``Discretionary Programmatic Environmental
Impact Statement to Modernize the Federal Coal Program'', the
Secretary shall confer with, and take into consideration the
views of, representatives appointed to the review board
described in paragraph (2).
(2) Review board.--Each Governor of a State in which more
than $10,000,000 in revenue is collected annually by the United
States as bonus bids, royalties, and rentals, and fees for
production of coal under leases of Federal land, may appoint
not more than 3 representatives to a review board to carry out
the programmatic review described in paragraph (1), not fewer
than one of whom shall be a member of the Board.
(3) Deadline.--
(A) In general.--The Secretary shall complete the
programmatic review described in paragraph (1) not
later than January 15, 2019.
(B) Failure to meet deadline.--If the programmatic
review is not completed by the deadline described in
subparagraph (A), the programmatic review shall be
considered to be complete as of that deadline.
(b) Termination of Other Programmatic Review.--Beginning on January
16, 2019, no Federal funds may be used to carry out the programmatic
review described in subsection (a)(1).
(c) No Implementation Requirement.--Nothing in this section
requires the Secretary to conduct or complete the programmatic review
or keep in effect the pause or moratorium on the issuance of new
Federal coal leases under the Secretarial order described in subsection
(a)(1) after January 20, 2017.
(d) Termination of Moratorium.--Effective January 16, 2019--
(1) the pause or moratorium on the issuance of new Federal
coal leases under the Secretarial order referred to in
subsection (a)(1) is terminated; and
(2) that Secretarial order shall have no force or effect.
SEC. 6. GRANDFATHERING OF COAL LEASES ON APPLICATION AND COAL LEASE
MODIFICATIONS.
Nothing in Secretarial Order 3338, issued by the Secretary on
January 15, 2016, and entitled ``Discretionary Programmatic
Environmental Impact Statement to Modernize the Federal Coal Program''
shall be considered to prohibit or restrict any issuance of a coal
lease on application, or modification to a coal lease on application
pursuant to subpart 3432 of part 3430 of title 43, Code of Federal
Regulations (or successor regulations), for which the Bureau of Land
Management has begun a review under section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) as of January 15,
2016.
SEC. 7. DEADLINE FOR COAL LEASE SALES AND MODIFICATIONS.
Not later than 1 year after the date on which the Secretary
completes the analysis required under section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) for an application
for a coal lease, or an application for a modification to a coal lease
pursuant to subpart 3432 of part 3430 of title 43, Code of Federal
Regulations (or successor regulations), accepted by the Secretary, the
Secretary shall conduct the lease sale and issue the lease, or approve
the modification, unless the applicant indicates in writing that the
applicant no longer seeks the lease or modification to the lease. | Certainty for States and Tribes Act This bill directs the Department of the Interior to reestablish the Royalty Policy Committee, which should include members representing states and Indian tribes who produce minerals on federal or tribal land. In addition, Interior must establish a State and Tribal Resources Board, a subcommittee to the Royalty Policy Committee. The board and committee must advise Interior as it formulates policies and regulations regarding mineral production on federal and tribal lands. The board can delay the issuance of a final regulation by Interior if the board determines that such regulation will have a negative state or Tribal budgetary or economic impact. The Bureau of Land Management (BLM) must complete by January 15, 2019, its programmatic review of the federal coal leasing program as described in Secretarial Order 3338. Secretarial Order 3338 directed the BLM to prepare a discretionary review of the federal coal program. (Interior issued Secretarial Order 3338 on January 15, 2016.) The moratorium on the issuance of new federal coal leasesby the BLMshall terminate on January 16, 2019.Additionally, the bill allows leases and modifications to be issued by the BLM for any coalleasing application currently under review. Secretarial Order 3338 prohibited approval of such leases and modifications. The bill also directs the BLM toconduct federal coal lease sales and modifications within one year after it completes an analysis of anapplication. | {"src": "billsum_train", "title": "Certainty for States and Tribes Act"} | 2,154 | 316 | 0.422648 | 1.288242 | 0.767656 | 2.120482 | 7.706827 | 0.827309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Training and Employment
Bill of Rights Act of 1996''.
SEC. 2. VETERANS' TRAINING AND EMPLOYMENT ASSISTANCE.
(a) In General.--Chapter 42 of title 38, United States Code, is
amended by adding at the end the following:
``Sec. 4215. Veterans' Employment and Training Bill of Rights
``(a) For the purposes of this section, an individual is a covered
person if the individual is--
``(1) a veteran who has a service-connected disability;
``(2) a veteran who served on active duty in the armed
forces during a war, in a campaign or expedition for which a
campaign badge has been authorized; or
``(3) the spouse of--
``(A) any person who died of a service-connected
disability;
``(B) any member of the Armed Forces serving on
active duty who, at the time of application for
assistance under this section, is listed, pursuant to
section 556 of title 37 and regulations issued
thereunder, by the Secretary concerned in one or more
of the following categories and has been so listed for
a total of more than 90 days: (i) missing in action,
(ii) captured in line of duty by a hostile force, or
(iii) forcibly detained or interned in line of duty by
a foreign government or power;
``(C) any person who has a total disability
permanent in nature resulting from a service-connected
disability; or
``(D) a veteran who died while a disability so
evaluated was in existence.
``(b) A covered person is entitled to priority of services under
any federally-funded (in whole or in part) work-force preparation,
development, or delivery program or service if the person otherwise
meets the eligibility requirements for participating in such program or
service, including a program or service that uses technology to assist
individuals to access workforce development programs (such as job and
training opportunities, labor market information, career assessment
tools, and related support services).
``(c) In addition to subsection (b), the entities at the State and
local levels that administer or deliver services under a program
described in subsection (b) shall be responsible for the following:
``(1) Providing information and effective referral
assistance to covered persons regarding benefits and services
that may be obtained through other entities or service providers.
``(2) Ensuring that each covered person who applies or is
assisted by a program referred to in subsection (b) is informed
of the employment-related rights, and benefits to which the
person is entitled under this section.
``(d) Each State or local council, board, or advisory body
established in support of a program described in subsection (b) shall
include adequate representation from the veterans' community,
particularly from veterans' service organizations.
``(e) The Secretary of Labor, following review and comment by the
Advisory Committee on Veterans Employment and Training, shall submit an
annual report to the Committees on Veterans' Affairs of the Senate and
House of Representatives which shall include the information necessary
to (1) evaluate whether covered persons are receiving priority in
services and are being fully served by programs described in subsection
(b), and (2) that the levels of service of such programs are in
proportion to the incidence of representation of veterans in the labor
market, including within groups targeted by such programs, if any. The
Secretary of Labor may promulgate such regulations and procedures as
may be necessary to ensure that such reports are provided.
``(f) For the purposes of this section, a federally-funded (in
whole or in part) work-force preparation, development, or delivery
program includes (1) programs within the public employment service
system, one-stop career centers, the Job Training Partnership Act, a
demonstration or other temporary program, and those programs
implemented by States or local service providers based on Federal block
grants, and (2) workforce development programs targeted to specific
groups.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 42 of such title is amended by inserting after the item
relating to section 4214 the following new item:
``4215. Veterans' Employment and Training Bill of Rights.''.
SEC. 3. EMPLOYMENT OF VETERANS WITH RESPECT TO FEDERAL CONTRACTS.
(a) In General.--Section 4212 of title 38, United States Code, is
amended by striking out subsections (a) and (b) and inserting in lieu
thereof the following:
``(a) For the purposes of this section--
``(1) the term `covered contract' means a contract in the
amount of $100,000 or more entered into by any department or
agency for the procurement of personal property and nonpersonal
services (including construction) for the United States
Government;
``(2) the term `covered grant' means a grant in the amount
of $100,000 or more made by any department or agency under
which the principal purpose is to transfer a thing of value to
the State or local government or other recipient to carry out a
public purpose of support or stimulation authorized by a law of
the United States instead of acquiring (by purchase, lease, or
barter) property or services for the direct benefit or use of
the United States Government; and
``(3) the term `qualified', with respect to an employment
position, means having the ability to perform the essential
tasks of the position, with reasonable accommodation.
``(b)(1) Any covered contract or grant shall contain a provision
requiring that the party contracting with, or receiving a grant from,
the United States shall take affirmative action to employ and advance
in employment--
``(A) qualified disabled veterans,
``(B) qualified veterans who served on active duty in the
Armed Forces during a war, in a campaign or expedition for
which a campaign badge has been authorized, and
``(C) qualified veterans who, while serving on active duty
in the Armed Forces, participated in a United States military
operation for which an Armed Forces service medal was awarded
pursuant to Executive Order 12985 (61 Fed. Reg. 1209).
``(2) The provisions of this section shall apply--
``(A) in the case of a covered contract, to any subcontract
entered into by a prime contractor; and
``(B) in the case of a covered grant, to any subgrantee.
``(3) In addition to requiring affirmative action to employ such
veterans under such contracts and subcontracts and with respect to such
grants and subgrants, and in order to promote the implementation of
such requirement, the President shall implement the provisions of this
section by promulgating regulations which shall require that--
``(A) each such contractor or grantee undertake in such
contract or grant agreement to list all of its employment
openings immediately with the appropriate local employment
service office, other appropriate service delivery points, or
America's Job Bank (or any additional or subsequent national
computerized job bank established by the Department of Labor),
except that the contractor or grantor may exclude openings for
positions which are to be filled from within the contractor's
or grantee's organization and positions lasting three days or
less; and
``(B) each such local office or other service delivery
point shall give such veterans priority in referral to such
employment openings.''.
(b) Additional and Conforming Amendments.--Section 4212 of such
title is amended--
(1) in subsection (c)--
(A) by striking out ``filed pursuant to subsection
(b) of this section'' and inserting in lieu thereof
``relating to this section filed pursuant to section
4216 of this title'';
(B) by striking out ``suitable''; and
(C) by striking out ``subsection (a)(2)'' and
inserting in lieu thereof ``subsection (a)(3)(B)''; and
(2) in subsection (d)--
(A) by amending subparagraphs (A) and (B) of
paragraph (1) to read as follows:
``(A) the number of employees in the work force of such
contractor or grantee, by job category and hiring location, and
the number of such employees, by job category and hiring
location, who are veterans described in subsection (a); and
``(B) the total number of new employees hired by the
contractor during the period covered by the report and the
number of such employees who are veterans described in
subsection (a).''; and
(B) by inserting ``or grantee'' after
``contractor''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to contracts entered into and grants made on or
after 60 days after the date of the enactment of this Act.
SEC. 4. EMPLOYMENT WITHIN THE FEDERAL GOVERNMENT.
Section 4214 of title 38, United States Code, is amended--
(1) by amending the second sentence of subsection (a) to
read as follows: ``The Federal Government is also continuously
concerned with building an effective, competent work force, and
veterans constitute a uniquely qualified recruiting source.'';
(2) in subsection (b)(1), by striking out ``readjustment''
and inserting in lieu thereof ``recruitment''; and
(3) in subsection (g), by striking out ``qualified'' the
first place it occurs and all that follows through ``era'' and
inserting in lieu thereof ``those veterans described in
subparagraphs (A), (B), and (C) of section 4212(b)(1) of this
title''.
SEC. 5. ENFORCEMENT OF VETERANS' EMPLOYMENT RIGHTS AND BENEFITS.
(a) In General.--Chapter 42 of title 38, United States Code, as
amended by section 2, is further amended by adding at the end the
following:
``Sec. 4216. Enforcement of veterans' employment rights and benefits
``(a) The Secretary of Labor (through the Assistant Secretary of
Labor for Veterans' Employment and Training) shall provide assistance
to any person or entity with respect to the requirements of sections
4212 and 4215. In providing such assistance, the Secretary may request
the assistance of existing Federal and State agencies engaged in
similar or related activities and utilize the assistance of volunteers.
``(b)(1) An individual described in subparagraph (A), (B), or (C)
of section 4212(b)(1) or in section 4215(a) of this title who believes
that--
``(A) such individual is entitled to rights or benefits
under section 4212 (relating to United States Government
contracts and grants), or 4215 (relating to federally-funded
work-force programs and services), respectively, and
``(B) an entity with obligations under either of such
sections has failed to comply or refuses to comply with the
provisions of such sections,
may file a complaint with the Secretary of Labor.
``(2) Such complaint shall be in writing, be in such form as the
Secretary may prescribe, include the name and address of the party
against whom the complaint is filed, and contain a summary of the
allegations that form the basis for the complaint.
``(3) A complaint may only be filed under paragraph (1) within 90
days after the date of the failure or refusal described in subsection
(b).
``(c) The Secretary of Labor shall promptly investigate the
complaint. If the Secretary of Labor determines as a result of the
investigation that the action alleged in such complaint occurred, the
Secretary shall attempt to resolve the complaint by making reasonable
efforts to ensure that the party named in the complaint complies with
the provisions of section 4212 or 4215, as appropriate. If, within 90
days after the date on which such complaint is filed, the efforts to
resolve the complaint are unsuccessful, the Secretary of Labor shall
notify the individual who submitted the complaint of--
``(1) the results of the investigation; and
``(2) the individual's rights.
``(d)(1) An individual who receives from the Secretary a
notification under subsection (c) relating to a complaint may request
that the Secretary refer the complaint to the Attorney General of the
United States. If the Attorney General is reasonably satisfied that the
person on whose behalf the complaint is referred is entitled to the
rights or benefits sought, the Attorney General may appear on behalf
of, and act as attorney for, the person on whose behalf the complaint
is submitted and commence an action for appropriate relief for such
person in an appropriate United States district court.
``(2) An individual may commence an action for relief with respect
to a complaint if that individual--
``(A) has chosen not to file a complaint under subsection
(b);
``(B) has chosen not to request that the Secretary refer
the complaint to the Attorney General under paragraph (1); or
``(C) has been refused representation by the Attorney
General with respect to the complaint under such paragraph.
``(e)(1)(A) The district courts of the United States shall have
jurisdiction, upon the filing of a complaint, motion, petition, or
other appropriate pleading by or on behalf of the person claiming a
right or benefit pursuant to this section--
``(i) to require an entity to comply with the provisions of
section 4212 or 4215, as appropriate, of this title;
``(ii) to require the entity to compensate the individual
for any loss of wages or benefits suffered by reason of such
entity's failure to comply with the provisions of such section;
and
``(iii) to require the entity to pay the individual an
amount equal to the amount referred to in clause (ii) as
liquidated damages, if the court determines that the entity's
failure to comply with the provisions of such section was
willful.
``(B) Any compensation under clauses (ii) and (iii) of subparagraph
(A) shall be in addition to, and shall not diminish, any of the other
rights and benefits provided for in such sections.
``(2) In any action or proceeding to enforce a provision of section
4212 or 4215 of this title by an individual under subsection (d)(2) who
obtained private counsel for such action or proceeding, the court may
award any such individual who prevails in such action or proceeding
reasonable attorney fees, expert witness fees, and other litigation
expenses.
``(3) The court may use its full equity powers, including temporary
or permanent injunctions, temporary restraining orders, and contempt
orders, to vindicate fully the rights or benefits of individuals
pursuant to this section.
``(4) An action under this section may be initiated only by an
individual claiming rights or benefits under section 4212 or 4215 of
this title, not by any other entity with obligations under such
sections.
``(5) In any such action, only an entity with obligations under
section 4212 or 4215, as the case may be, shall be a necessary party
respondent.
``(6) No State statute of limitations shall apply to any proceeding
pursuant to this section.
``(7) The United States and a State shall be subject to the same
remedies, including prejudgment interest, as may be imposed upon any
private entity under this section.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 42 of such title, as amended by section 2, is further
amended by inserting after the item relating to section 4215 the
following new item:
``4216. Enforcement of veterans' employment rights and benefits.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to complaints filed on or after 60 days after the
date of the enactment of this Act.
SEC. 6. ADDITIONAL PERSONNEL.
The Secretary of Labor is authorized to allocate an additional 10
full-time equivalent positions from the Employment and Training
Administration to the Veterans' Employment and Training Service to
carry out chapters 41 and 42 of title 38, United States Code, as
amended by this Act. | Veterans' Training and Employment Bill of Rights Act of 1996 - Entitles the following covered persons to priority of services under any federally-funded workforce preparation, development, or delivery program or service, as long as such person otherwise meets participation eligibility requirements: (1) veterans who have a service-connected disability or who served on active duty in a campaign or expedition for which a campaign badge has been authorized; (2) the spouse of any person who died of a service-connected disability or who has a total permanent disability resulting from a service-connected disability; (3) the spouse of any member serving on active duty who is listed as missing in action, captured in the line of duty by a hostile force, or forcibly detained or interned by a foreign government or power; and (4) the spouse of a veteran who died while a permanent service-connected disability was in existence. Requires State and local entities performing such programs or services to inform covered individuals of the availability of such services.
Directs the Secretary of Labor to report annually to the congressional veterans' committees concerning an evaluation of such priority program and its level of services.
(Sec. 3) Requires Federal contracts or grants of $100,000 or more for the procurement of personal property and non-personal services to contain a provision under which the party receiving the contract or grant agrees to take affirmative action to employ and advance qualified veterans who: (1) are disabled; (2) served on active duty in a campaign or expedition for which a campaign badge has been authorized; or (3) while serving on active duty, participated in a U.S. military operation for which an armed forces service medal was awarded. Directs the President to implement promulgating regulations which require the contractee or grantee to list employment openings with local employment agencies and to give priority to qualifying veterans.
(Sec. 4) Requires veterans qualifying under this Act to be given appropriate recruitment (currently, readjustment) appointments within the Federal Government.
(Sec. 5) Directs the Secretary to provide specified veterans' employment rights and benefits assistance to veterans qualifying under this Act. Provides for the filing, investigation, and determination of claims by qualifying individuals that an entity has failed to comply with the hiring requirements provided under this Act.
(Sec. 6) Authorizes the Secretary to allocate an additional ten full-time equivalent positions from the Employment and Training Administration of the Department of Labor to the Veterans' Employment and Training Service to carry out work training and employment services for qualifying individuals. | {"src": "billsum_train", "title": "Veterans' Training and Employment Bill of Rights Act of 1996"} | 3,499 | 540 | 0.686666 | 2.106886 | 0.80492 | 3.585513 | 6.895372 | 0.921529 |
SECTION 1. ESTABLISHMENT OF NEW FASHION MODEL NONIMMIGRANT
CLASSIFICATION.
(a) In General.--
(1) New classification.--Section 101(a)(15)(P) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)) is
amended--
(A) in clause (iii), by striking ``or'' at the end;
(B) in clause (iv), by striking ``clause (i), (ii),
or (iii)'' and inserting ``clause (i), (ii), (iii), or
(iv)'';
(C) by redesignating clause (iv) as clause (v); and
(D) by inserting after clause (iii) the following:
``(iv) is a fashion model who is of distinguished
merit and ability and who is seeking to enter the
United States temporarily to perform fashion modeling
services that involve events or productions which have
a distinguished reputation or that are performed for an
organization or establishment that has a distinguished
reputation for, or a record of, utilizing prominent
modeling talent; or''.
(2) Authorized period of stay.--Section 214(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1184(a)(2)(B)) is
amended in the second sentence--
(A) by inserting ``or fashion models'' after
``athletes''; and
(B) by inserting ``or fashion model'' after
``athlete''.
(3) Numerical limitation.--Section 214(c)(4) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(4)) is
amended by adding at the end the following:
``(I)(i) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year under
section 101(a)(15)(P)(iv) may not exceed 1,000.
``(ii) The numerical limitation established by clause (i) shall
only apply to principal aliens and not to the spouses or children of
such aliens.
``(iii) An alien who has already been counted toward the limitation
established by clause (i) shall not be counted again during the same
period of stay or authorized extension under subsection (a)(2)(B),
irrespective of whether there is a change in petitioner under
subparagraph (C).''.
(4) Consultation.--
(A) In general.--Section 214(c)(4)(D) of the
Immigration and Nationality Act (8 U.S.C.
1184(c)(4)(D)) is amended by striking ``clause (i) or
(iii)'' and inserting ``clause (i), (iii), or (iv)''.
(B) Advisory opinion.--Section 214(c)(6)(A)(iii) of
the Immigration and Nationality Act (8 U.S.C.
1184(c)(6)(A)(iii)) is amended--
(i) by striking ``section 101(a)(15)(P)(i)
or 101(a)(15)(P)(iii),'' and inserting ``clause
(i), (iii), or (iv) of section
101(a)(15)(P),''; and
(ii) by striking ``of athletics or
entertainment''.
(C) Expedited procedures.--Section 214(c)(6)(E)(i)
of the Immigration and Nationality Act (8 U.S.C.
1184(c)(6)(E)(i)) is amended by striking ``artists or
entertainers'' and inserting ``artists, entertainers,
or fashion models''.
(b) Elimination of H-1B Classification for Fashion Models.--Section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)) is amended--
(1) by striking ``or as a fashion model''; and
(2) by striking ``or, in the case of a fashion model, is of
distinguished merit and ability''.
(c) Effective Date and Implementation.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Regulations, guidelines, and precedents.--The
regulations, guidelines and precedents in effect on the date of
the enactment of this Act for the adjudication of petitions for
fashion models under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)), shall be applied to petitions for
fashion models under section 101(a)(15)(P)(iv) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)(iv)),
as added by this Act, except to the extent modified by the
Secretary of Homeland Security through final regulations (not
through interim regulations) promulgated in accordance with
subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure
Act'').
(3) Construction.--Nothing in this section shall be
construed as preventing an alien who is a fashion model from
obtaining nonimmigrant status under section 101(a)(15)(O)(i) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(O)(i)) if such alien is otherwise qualified for
such status.
(4) Treatment of pending petitions.--Petitions filed on
behalf of fashion models under section 101(a)(15)(H)(i)(b) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)) that are pending on the date of the
enactment of this Act shall be treated as if they had been
filed under section 101(a)(15)(P)(iv) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(P)(iv)), as added by this
Act. | Amends the Immigration and Nationality Act to replace the current nonimmigrant (H-1B) visa category for fashion models with a new (P-4) visa category.
Defines such category as a fashion model who is of distinguished merit and ability and who is seeking to enter the United States temporarily to perform fashion modeling services that involve events or productions which have a distinguished reputation or that are performed for an organization or establishment that has a distinguished reputation for, or a record of, utilizing prominent modeling talent.
Provides that such entrants may not: (1) exceed 1,000 in any fiscal year, not including accompanying spouses or children; and (2) stay in the United States for more than 10 years (initial five-year period with one five-year extension).
Makes an employer petition for such alien models eligible for expedited consultation procedures.
States that applicable H-1B regulations, guidelines, and precedents in effect on the date of the enactment of this Act for the adjudication of fashion model petitions shall be applied to P-4 petitions, except to the extent modified by the Secretary of Homeland Security. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to establish a separate nonimmigrant classification for fashion models."} | 1,520 | 241 | 0.59984 | 1.984841 | 0.870171 | 4.133333 | 4.952381 | 0.828571 |
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