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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Judiciary Administrative
Improvements Act of 2009''.
SEC. 2. SENIOR JUDGE GOVERNANCE CORRECTION.
(a) In General.--Section 631(a) of title 28, United States Code, is
amended in the first sentence by striking ``(including any judge in
regular active service'' and all that follows through ``was
appointed)''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 3. REVISION OF STATUTORY DESCRIPTION OF THE DISTRICT OF NORTH
DAKOTA.
(a) In General.--Section 114 of title 28, United States Code, is
amended to read as follows:
``Sec. 114. North Dakota
``North Dakota constitutes one judicial district.
``Court shall be held at Bismarck, Fargo, Grand Forks, and
Minot.''.
(b) Current Cases and Juries Not Affected.--
(1) Pending cases not affected.--The amendment made by
subsection (a) shall not affect any action commenced before the
effective date under subsection (c) and pending in the United
States District Court for the District of North Dakota on such
date.
(2) Juries not affected.--The amendment made by subsection
(a) shall not affect the composition, or preclude the service,
of any grand or petit jury summoned, empaneled, or actually
serving in the Judicial District of North Dakota on the
effective date under subsection (c).
(c) Effective Date.--This section and the amendment made by this
section shall take effect 90 days after the date of the enactment of
this Act.
SEC. 4. DISABILITY RETIREMENT AND COST-OF-LIVING ADJUSTMENTS OF
ANNUITIES FOR TERRITORIAL JUDGES.
(a) In General.--Section 373 of title 28, United States Code, is
amended--
(1) in subsection (c), by amending paragraph (4) to read as
follows:
``(4) Any senior judge performing judicial duties pursuant to
recall under paragraph (2) of this subsection shall be paid, while
performing such duties, the same compensation (in lieu of the annuity
payable under this section) and the same allowances for travel and
other expenses as a judge on active duty with the court being
served.'';
(2) by amending subsection (e) to read as follows:
``(e)(1) Any judge of the District Court of Guam, the District
Court of the Northern Mariana Islands, or the District Court of the
Virgin Islands who is not reappointed (as judge of such court) shall be
entitled, upon attaining the age of 65 years or upon relinquishing
office if the judge is then beyond the age of 65 years--
``(A) if the judicial service of such judge, continuous or
otherwise, aggregates 15 years or more, to receive during the
remainder of the life of such judge an annuity equal to the
salary received when the judge left office; or
``(B) if such judicial service, continuous or otherwise,
aggregates less than 15 years, to receive during the remainder
of the life of such judge an annuity equal to that proportion
of such salary that the aggregate number of years of service of
such judge bears to 15.
``(2) Any judge of the District Court of Guam, the District Court
of the Northern Mariana Islands, or the District Court of the Virgin
Islands who has served at least 5 years, continuously or otherwise, and
who retires or is removed upon the sole ground of mental or physical
disability, shall be entitled to receive during the remainder of the
life of such judge an annuity equal to 40 percent of the salary
received when the judge left office or, in the case of a judge who has
served at least 10 years, continuously or otherwise, an annuity equal
to that proportion of such salary that the aggregate number of years of
judicial service of such judge bears to 15.''; and
(3) by amending subsection (g) to read as follows:
``(g) Any retired judge who is entitled to receive an annuity under
this section shall be paid a cost-of-living adjustment as provided
under section 8340(b) of title 5, except that in no case may the
annuity payable to such retired judge, as increased under this
subsection, exceed the salary of a judge in regular active service with
the court on which the retired judge served before retiring.''.
(b) Effective Date.--
(1) Compensation of recalled judges.--The amendment made by
subsection (a)(1) shall apply with respect to judicial duties
pursuant to recall that are performed on or after the date of
the enactment of this Act.
(2) Judges who are not reappointed.--The amendment made by
subsection (a)(2) shall apply to a judge who relinquishes
office under section 373(e)(1) of title 28, United States Code,
as amended by such subsection, or who retires or is removed
from office under section 373(e)(2) of such title, as so
amended, on or after the date of the enactment of this Act.
(3) Cost-of-living increases.--The amendment made by
subsection (a)(3) shall apply to judges who retire before, on,
or after the date of the enactment of this Act.
SEC. 5. ANNUAL LEAVE LIMIT FOR JUDICIAL BRANCH EXECUTIVES.
(a) In General.--Section 6304(f)(1) of title 5, United States Code,
is amended--
(1) in subparagraph (F), by striking ``or'' at the end;
(2) in subparagraph (G), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(H) a position in the judicial branch that is
designated as a senior executive position--
``(i) in the United States courts, by the
Judicial Conference of the United States;
``(ii) in the Federal Judicial Center, by
the Board of the Federal Judicial Center; or
``(iii) in the United States Sentencing
Commission, by the Commission.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 6. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS.
(a) In General.--Section 625 of title 28, United States Code, is
amended--
(1) by amending subsection (b) to read as follows:
``(b) The Director shall appoint and fix the compensation of such
additional professional personnel as the Board considers necessary,
without regard to the provisions of title 5 governing appointments in
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, subject to the following:
``(1) The compensation of any person appointed under this
subsection may not exceed the annual rate of basic pay for
level V of the Executive Schedule under section 5316 of title
5, except that the Director may fix the compensation of 4
positions of the Center at a level not to exceed the annual
rate of pay in effect for level IV of the Executive Schedule
under section 5315 of title 5.
``(2) The salary of a reemployed annuitant under subchapter
III of chapter 83 of title 5 shall be adjusted under section
8344 of such title, and the salary of a reemployed annuitant
under chapter 84 of title 5 shall be adjusted under section
8468 of such title.''.
(2) in subsection (c), by striking ``, United States
Code,''; and
(3) in subsection (d)--
(A) by striking ``, United States Code,''; and
(B) by striking ``General Schedule pay rates,
section 5332, title 5, United States Code'' and insert
``the General Schedule under section 5332 of title 5''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 7. SEPARATION OF THE JUDGMENT AND STATEMENT OF REASONS FORMS.
(a) In General.--Section 3553(c)(2) of title 18, United States
Code, is amended by striking ``the written order of judgment and
commitment'' and inserting ``a statement of reasons form issued under
section 994(w)(1)(B) of title 28''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 8. PRETRIAL SERVICES FUNCTIONS FOR JUVENILES.
(a) In General.--Section 3154 of title 18, United States Code, is
amended--
(1) by redesignating paragraph (14) as paragraph (15); and
(2) by inserting after paragraph (13) the following:
``(14) Perform, in a manner appropriate for juveniles, any
of the functions identified in this section with respect to
juveniles awaiting adjudication, trial, or disposition under
chapter 403 of this title who are not detained.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 9. STATISTICAL REPORTING SCHEDULE FOR CRIMINAL WIRETAP ORDERS.
(a) In General.--Section 2519 of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking ``Within thirty days''
and all that follows through ``issuing or denying judge'' and
inserting ``In January of each year, any judge who has issued
an order (or an extension thereof) under section 2518 that
expired during the preceding calendar year, or who has denied
approval of an interception during that year,'';
(2) in paragraph (2), by striking ``In January of each
year'' and inserting ``In March of each year''; and
(3) in paragraph (3), by striking ``In April of each year''
and inserting ``In June of each year''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 10. THRESHOLDS FOR ADMINISTRATIVE REVIEW OF OTHER THAN COUNSEL
CASE COMPENSATION.
(a) In General.--Section 3006A of title 18, United States Code, is
amended--
(1) in subsection (e)--
(A) in paragraph (2)--
(i) in subparagraph (A), in the second
sentence, by striking ``$500'' and inserting
``$800''; and
(ii) in subparagraph (B), by striking
``$500'' and inserting ``$800''; and
(B) in paragraph (3), in the first sentence, by
striking ``$1,600'' and inserting ``$2,400''; and
(2) by adding at the end the following:
``(5) Adjustment of dollar amounts.--
``(A) In general.--The dollar amounts provided in
paragraphs (2) and (3) shall be adjusted by an amount,
rounded to the nearest multiple of $100, equal to the
percentage of the cumulative adjustments taking effect
under section 5303 of title 5 in the rates of pay under
the General Schedule since the date on which the dollar
amounts provided in paragraphs (2) and (3),
respectively, were last modified by statute.
``(B) Effective date.--Each adjustment under
subparagraph (A) shall take effect on the same day on
which the corresponding adjustment under section 5303
of title 5 takes effect.''.
(b) Effective Date.--
(1) Increase in dollar amounts.--The amendments made by
subsection (a)(1) shall take effect on the date of the
enactment of this Act.
(2) Annual adjustments.--The amendment made by subsection
(a)(2) shall apply with respect to adjustments taking effect
under section 5303 of title 5, United States Code, after the
date of the enactment of this Act.
Passed the House of Representatives October 28, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Federal Judiciary Administrative Improvements Act of 2009 - Amends the federal judicial code to: (1) remove the power of certain active or retired federal judges to appoint U.S. magistrate judges; (2) revise the statutory description of the District of North Dakota to eliminate the current four divisions each of which holds court exclusively for specified counties; (3) revise requirements for the disability retirement and cost-of-living adjustments of annuities for territorial judges; and (4) revise requirements for the compensation of Federal Judicial Center personnel, including reemployed annuitants.
Amends federal civil service law to subject judicial branch senior executives to federal civil service annual leave requirements and limitations.
Amends the federal criminal code to: (1) require court use of separate judgment and statement of reasons forms in the imposition of a criminal sentence; (2) require appropriate adaptation of pretrial services functions for juveniles; (3) modify the reporting schedule for criminal wiretap orders; and (4) increase the compensation thresholds triggering administrative review of compensation for non-counsel investigative, expert, or other services necessary for adequate representation of a person financially unable to obtain them. | {"src": "billsum_train", "title": "To provide improvements for the operations of the Federal courts, and for other purposes."} | 2,801 | 250 | 0.540411 | 1.531999 | 0.760824 | 2.380734 | 11.536697 | 0.802752 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Health Homes for Opioid-
Use-Disorder Medicaid Enrollees Encouraged Act'' or the ``Medicaid
Health HOME Act''.
SEC. 2. EXTENSION OF ENHANCED FMAP FOR CERTAIN HEALTH HOMES FOR
INDIVIDUALS WITH SUBSTANCE USE DISORDERS.
Section 1945 of the Social Security Act (42 U.S.C. 1396w-4) is
amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``subject to
paragraph (4),'' after ``except that,''; and
(B) by adding at the end the following new
paragraph:
``(4) Special rule relating to substance use disorder
health homes.--
``(A) In general.--In the case of a State with an
SUD-focused State plan amendment approved by the
Secretary on or after October 1, 2018, the Secretary
may, at the request of the State, extend the
application of the Federal medical assistance
percentage described in paragraph (1) to payments for
the provision of health home services to SUD-eligible
individuals under such State plan amendment, in
addition to the first 8 fiscal year quarters the State
plan amendment is in effect, for the subsequent 2
fiscal year quarters that the State plan amendment is
in effect. Nothing in this section shall be construed
as prohibiting a State with a State plan amendment that
is approved under this section and that is not an SUD-
focused State plan amendment from additionally having
approved on or after such date an SUD-focused State
plan amendment under this section, including for
purposes of application of this paragraph.
``(B) Report requirements.--In the case of a State
with an SUD-focused State plan amendment for which the
application of the Federal medical assistance
percentage has been extended under subparagraph (A),
such State shall, at the end of the period of such
State plan amendment, submit to the Secretary a report
on the following, with respect to SUD-eligible
individuals provided health home services under such
State plan amendment:
``(i) The quality of health care provided
to such individuals, with a focus on outcomes
relevant to the recovery of each such
individual.
``(ii) The access of such individuals to
health care.
``(iii) The total expenditures of such
individuals for health care.
For purposes of this subparagraph, the
Secretary shall specify all applicable measures
for determining quality, access, and
expenditures.
``(C) Best practices.--Not later than October 1,
2020, the Secretary shall make publicly available on
the Internet website of the Centers for Medicare &
Medicaid Services best practices for designing and
implementing an SUD-focused State plan amendment, based
on the experiences of States that have State plan
amendments approved under this section that include
SUD-eligible individuals.
``(D) Definitions.--For purposes of this paragraph:
``(i) SUD-eligible individuals.--The term
`SUD-eligible individual' means, with respect
to a State, an individual who satisfies all of
the following:
``(I) The individual is an eligible
individual with chronic conditions.
``(II) The individual is an
individual with a substance use
disorder.
``(III) The individual has not
previously received health home
services under any other State plan
amendment approved for the State under
this section by the Secretary.
``(ii) SUD-focused state plan amendment.--
The term `SUD-focused State plan amendment'
means a State plan amendment under this section
that is designed to provide health home
services primarily to SUD-eligible
individuals.''.
SEC. 3. REQUIREMENT FOR STATE MEDICAID PLANS TO PROVIDE COVERAGE FOR
MEDICATION-ASSISTED TREATMENT.
(a) Requirement for State Medicaid Plans to Provide Coverage for
Medication-assisted Treatment.--Section 1902(a)(10)(A) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter
preceding clause (i), by striking ``and (28)'' and inserting ``(28),
and (29)''.
(b) Inclusion of Medication-assisted Treatment as Medical
Assistance.--Section 1905(a) of the Social Security Act (42 U.S.C.
1396d(a)) is amended--
(1) in paragraph (28), by striking ``and'' at the end;
(2) by redesignating paragraph (29) as paragraph (30); and
(3) by inserting after paragraph (28) the following new
paragraph:
``(29) subject to paragraph (2) of subsection (ee), for the
period beginning October 1, 2020, and ending September 30,
2025, medication-assisted treatment (as defined in paragraph
(1) of such subsection); and''.
(c) Medication-assisted Treatment Defined; Waivers.--Section 1905
of the Social Security Act (42 U.S.C. 1396d) is amended by adding at
the end the following new subsection:
``(ee) Medication-assisted Treatment.--
``(1) Definition.--For purposes of subsection (a)(29), the
term `medication-assisted treatment'--
``(A) means all drugs approved under section 505 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355), including methadone, and all biological products
licensed under section 351 of the Public Health Service
Act (42 U.S.C. 262) to treat opioid use disorders; and
``(B) includes, with respect to the provision of
such drugs and biological products, counseling services
and behavioral therapy.
``(2) Exception.--The provisions of paragraph (29) of
subsection (a) shall not apply with respect to a State for the
period specified in such paragraph, if before the beginning of
such period the State certifies to the satisfaction of the
Secretary that implementing such provisions statewide for all
individuals eligible to enroll in the State plan (or waiver of
the State plan) would not be feasible by reason of a shortage
of qualified providers of medication-assisted treatment, or
facilities providing such treatment, that will contract with
the State or a managed care entity with which the State has a
contract under section 1903(m) or under section 1905(t)(3).''.
(d) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall apply with respect to medical
assistance provided on or after October 1, 2020, and before
October 1, 2025.
(2) Exception for state legislation.--In the case of a
State plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) that the Secretary of Health and Human
Services determines requires State legislation in order for the
respective plan to meet any requirement imposed by the
amendments made by this section, the respective plan shall not
be regarded as failing to comply with the requirements of such
title solely on the basis of its failure to meet such an
additional requirement before the first day of the first
calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the date of
the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative
session, each year of the session shall be considered to be a
separate regular session of the State legislature.
Amend the title so as to read: ``A bill to amend title XIX
of the Social Security Act to provide for an extension of the
enhanced FMAP for certain Medicaid health homes for individuals
with substance use disorders, and to require States to include
under their State Medicaid plans coverage for medication-
assisted treatment.''. | Medicaid Health Homes for Opioid-Use-Disorder Medicaid Enrollees Encouraged Act or the Medicaid Health HOME Act This bill extends the enhanced federal matching rate for expenditures regarding substance-use disorder health-home services under Medicaid. The bill also temporarily requires coverage of medication-assisted treatment under Medicaid. | {"src": "billsum_train", "title": "Medicaid Health Homes for Opioid-Use-Disorder Medicaid Enrollees Encouraged Act"} | 1,764 | 73 | 0.533921 | 1.195218 | 0.469245 | 2.490909 | 28.963636 | 0.890909 |
SECTION 1. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Table of contents.
TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS
Sec. 102. Payments for educational services.
Sec. 103. Authorization for park facilities to be located outside the
boundaries of Yosemite National Park.
TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA
BOUNDARY ADJUSTMENT
Sec. 201. Short title.
Sec. 202. Golden Gate National Recreation Area, California.
TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS
SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES.
(a) In General.--(1) For fiscal years 2006 through 2009, the
Secretary of the Interior may provide funds to the Bass Lake Joint
Union Elementary School District and the Mariposa Unified School
District in the State of California for educational services to
students--
(A) who are dependents of persons engaged in the
administration, operation, and maintenance of Yosemite National
Park; or
(B) who live within or near the park upon real property
owned by the United States.
(2) The Secretary's authority to make payments under this section
shall terminate if the State of California or local education agencies
do not continue to provide funding to the schools referred to in
subsection (a) at per student levels that are no less than the amount
provided in fiscal year 2005.
(b) Limitation on Use of Funds.--Payments made under this section
shall only be used to pay public employees for educational services
provided in accordance with subsection (a). Payments may not be used
for construction, construction contracts, or major capital
improvements.
(c) Limitation on Amount of Funds.--Payments made under this
section shall not exceed the lesser of--
(1) $400,000 in any fiscal year; or
(2) the amount necessary to provide students described in
subsection (a) with educational services that are normally
provided and generally available to students who attend public
schools elsewhere in the State of California.
(d) Source of Payments.--(1) Except as otherwise provided in this
subsection, the Secretary may use funds available to the National Park
Service from appropriations, donations, or fees.
(2) Funds from the following sources shall not be used to make
payments under this section:
(A) Any law authorizing the collection or expenditure of
entrance or use fees at units of the National Park System,
including the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-4 et seq.); the recreational fee demonstration
program established under section 315 of the Department of the
Interior and Related Agencies Appropriations Act, 1996 (16
U.S.C. 460l-6a note); and the National Park Passport Program
established under section 602 of the National Parks Omnibus
Management Act of 1998 (16 U.S.C. 5992).
(B) Emergency appropriations for flood recovery at Yosemite
National Park.
(3)(A) The Secretary may use an authorized funding source to make
payments under this section only if the funding available to Yosemite
National Park from such source (after subtracting any payments to the
school districts authorized under this section) is greater than or
equal to the amount made available to the park for the prior fiscal
year, or in fiscal year 2005, whichever is greater.
(B) It is the sense of Congress that any payments made under this
section should not result in a reduction of funds to Yosemite National
Park from any specific funding source, and that with respect to
appropriated funds, funding levels should reflect annual increases in
the park's operating base funds that are generally made to units of the
National Park System.
SEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE
BOUNDARIES OF YOSEMITE NATIONAL PARK.
(a) Funding Authority for Transportation Systems and External
Facilities.--Section 814(c) of the Omnibus Parks and Public Lands
Management Act of 1996 (16 U.S.C. 346e) is amended--
(1) in the heading by inserting ``and yosemite national
park'' after ``zion national park'';
(2) in the first sentence--
(A) by inserting ``and Yosemite National Park''
after ``Zion National Park''; and
(B) by inserting ``for transportation systems or''
after ``appropriated funds''; and
(3) in the second sentence by striking ``facilities'' and
inserting ``systems or facilities''.
(b) Clarifying Amendment for Transportation Fee Authority.--Section
501 of the National Parks Omnibus Management Act of 1998 (16 U.S.C.
5981) is amended in the first sentence by striking ``service contract''
and inserting ``service contract, cooperative agreement, or other
contractual arrangement''.
TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA
BOUNDARY ADJUSTMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Rancho Corral de Tierra Golden
Gate National Recreation Area Boundary Adjustment Act''.
SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA.
(a) Section 2(a) of Public Law 92-589 (16 U.S.C. 460bb-1(a)) is
amended--
(1) by striking ``The recreation area shall comprise'' and
inserting the following:
``(1) Initial lands.--The recreation area shall comprise'';
and
(2) by striking ``The following additional lands are also''
and all that follows through the period at the end of the
subsection and inserting the following new paragraphs:
``(2) Additional lands.--In addition to the lands described
in paragraph (1), the recreation area shall include the
following:
``(A) The parcels numbered by the Assessor of Marin
County, California, 119-040-04, 119-040-05, 119-040-18,
166-202-03, 166-010-06, 166-010-07, 166-010-24, 166-
010-25, 119-240-19, 166-010-10, 166-010-22, 119-240-03,
119-240-51, 119-240-52, 119-240-54, 166-010-12, 166-
010-13, and 119-235-10.
``(B) Lands and waters in San Mateo County
generally depicted on the map entitled `Sweeney Ridge
Addition, Golden Gate National Recreation Area',
numbered NRA GG-80,000-A, and dated May 1980.
``(C) Lands acquired under the Golden Gate National
Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1
note; Public Law 102-299).
``(D) Lands generally depicted on the map entitled
`Additions to Golden Gate National Recreation Area',
numbered NPS-80-076, and dated July 2000/PWR-PLRPC.
``(E) Lands generally depicted on the map entitled
`Rancho Corral de Tierra Additions to the Golden Gate
National Recreation Area', numbered NPS-80,079E, and
dated March 2004.
``(3) Acquisition limitation.--The Secretary may acquire
land described in paragraph (2)(E) only from a willing
seller.''. | Authorizes the Secretary of the Interior to provide funds for FY 2006 through 2009 to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in California for educational services for students who: (1) are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park; or (2) live within or near the Park upon Federal property.
Terminates the Secretary's authority to make such payments if the State of California or local education agencies do not continue to provide funding to the schools in those school districts at per student levels that are no less than the amount provided in fiscal year 2005. Sets forth limitations on the use and amount of such funds, including a maximum limit of $400,000 on payments in any fiscal year. Prohibits payments under this Act from coming from: (1) fees under the Land and Water Conservation Fund Act of 1965; (2) the recreational fee demonstration program; (3) the national park passport program; and (4) emergency appropriations for Yosemite flood recovery. Amends the Omnibus Parks and Public Lands Management Act of 1996 to allow certain facilities to be located outside the boundaries of Yosemite National Park. Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act - Modifies the boundaries of the Golden Gate National Recreation Area in California to include specified additional lands. Allows the Secretary of the Interior to acquire certain of those lands only from a willing seller. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to provide supplemental funding and other services that are necessary to assist certain local school districts in the State of California in providing educational services for students attending schools located within Yosemite National Park, to authorize the Secretary of the Interior to adjust the boundaries of the Golden Gate National Recreation Area, and for other purposes."} | 1,724 | 311 | 0.702173 | 2.289278 | 0.796171 | 4.496377 | 5.275362 | 0.923913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unemployment-Based Immigration
Adjustment Act of 1993''.
SEC. 2. ADJUSTMENT OF WORLDWIDE LEVEL OF IMMIGRATION.
(a) Family-Sponsored Immigrants.--Section 201(c) of the Immigration
and Nationality Act (8 U.S.C. 1151(c)) is amended--
(1) in paragraph (1)(A), by inserting ``and paragraph (4)''
after ``subparagraph (B)'';
(2) in paragraph (1)(B)(ii), by striking ``In no case'' and
inserting ``Subject to paragraph (4), in no case''; and
(3) by adding at the end the following:
``(4)(A) If for a calender year (beginning with 1993) the
unemployment rate (as defined in subparagraph (D)) is--
``(i) greater than 0.5 percent above the unemployment rate
for 1990, the worldwide number of family-sponsored immigrants
under this subsection for the fiscal year beginning after that
shall be reduced by the percentage described in subparagraph
(B) for that calendar year; or
``(ii) less than 0.5 percent below the unemployment rate
for 1990, the worldwide number of family-sponsored immigrants
under this subsection for the fiscal year beginning after that
shall be increased by the percentage described in subparagraph
(C) for that calendar year.
``(B) The percentage described in this subparagraph for a calendar
year is--
``(i) the percent by which the unemployment rate in the
year exceeds the unemployment rate for 1990, divided by
``(ii) the unemployment rate for 1990,
expressed as a percentage.
``(C) The percentage described in this subparagraph for a calendar
year is--
``(i) the percent by which the unemployment rate for 1990
exceeds the unemployment rate in the year, divided by
``(ii) the unemployment rate for 1990,
expressed as a percentage.
``(D) In this section, the term `unemployment rate' means, the
unemployment rate for the United States for a calendar year as
determined by the Bureau of Labor Statistics.''.
(b) Employment-Based Immigrants.--Section 201(d) of such Act (8
U.S.C. 1151(d)) is amended--
(1) in paragraph (1) by inserting ``, subject to paragraph
(3), after ``for a fiscal year''; and
(2) by adding at the end the following:
``(3) If for a calender year (beginning with 1993) the unemployment
rate (as defined in subsection (c)(4)(D)) is--
``(A) greater than 0.5 percent above the unemployment rate
for 1990, the worldwide number of employment-based immigrants
under this subsection for the fiscal year beginning after that
shall be reduced by the percentage described in subsection
(c)(4)(B) for that calendar year; or
``(B) less than 0.5 percent below the unemployment rate for
1990, the worldwide number of employment-based immigrants under
this subsection for the fiscal year beginning after that shall
be increased by the percentage described in subsection
(c)(4)(C) for that calendar year.''.
(c) Diversity Immigrants.--Section 201(e) of such Act (8 U.S.C.
1151(e)) is amended--
(1) by striking ``The'' and inserting ``(1) Subject to
paragraph (2), the''; and
(2) by adding at the end the following:
``(3) If for a calendar year (beginning with 1994) the unemployment
rate (as defined in subsection (c)(4)(D)) is--
``(A) greater than 0.5 percent above the unemployment rate
for 1990, the worldwide number of diversity immigrants under
this subsection for the fiscal year beginning after that shall
be reduced by the percentage described in subsection (c)(4)(B)
for that calendar year; or
``(B) less than 0.5 percent below the unemployment rate for
1990, for the fiscal year beginning in the following year the
worldwide number of diversity immigrants under this subsection
shall be increased by the percentage described in subsection
(c)(4)(C) for that calendar year.''.
(d) Diversity Transition for Aliens Who Are Natives of Certain
Adversely Affected Foreign States.--Section 132 of the Immigration Act
of 1990 is amended--
(1) in subsection (a) by striking ``Act,'' and inserting
``Act and subject to subsection (g),''; and
(2) by adding at the end the following:
``(g) Adjustment Based on Unemployment Rate.--(1) If for a calendar
year (beginning with 1993) the unemployment rate (as defined in
paragraph (2)) is--
``(1) greater than 0.5 percent above the unemployment rate
for 1990, the number of visas made available under subsection
(a) for the fiscal year beginning after that shall be reduced
by the percentage described in section 201(c)(4)(B) of the
Immigration and Nationality Act for that calendar year; or
``(2) less than 0.5 percent below the unemployment rate for
1990, the number of visas made available under subsection (a)
for the fiscal year beginning after that shall be increased by
the percentage described in section 201(c)(4)(C) of that Act
for that calendar year.
``(2) In this subsection, the term `unemployment rate' means, the
unemployment rate for the United States for a calendar year as
determined by the Bureau of Labor Statistics.''.
(e) Effective Date.--The amendments made by this section shall
apply to adjustments of numerical limitations for fiscal years
beginning with fiscal year 1994. | Unemployment-Based Immigration Adjustment Act of 1993 - Amends the Immigration and Nationality Act to adjust annual immigration levels in inverse relation to U.S. unemployment levels. | {"src": "billsum_train", "title": "Unemployment-Based Immigration Adjustment Act of 1993"} | 1,272 | 39 | 0.541571 | 1.215243 | 0.638684 | 1.857143 | 41.678571 | 0.714286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bioenergy Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that bioenergy has potential to help--
(1) meet the Nation's energy needs;
(2) reduce reliance on imported fuels;
(3) promote rural economic development;
(4) provide for productive utilization of agricultural
residues and waste materials; and
(5) protect the environment.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Science and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Energy and Natural Resources
and the Committee on Appropriations of the Senate;
(2) the term ``biofuels'' includes production of industrial
chemicals;
(3) the term ``Department'' means the Department of Energy;
and
(4) the term ``Secretary'' means the Secretary of Energy.
SEC. 4. AUTHORIZATION.
The Secretary is authorized to conduct environmental research and
development, scientific and energy research, development, and
demonstration, and commercial application of energy technology
programs, projects, and activities related to bioenergy, including
biopower energy systems, biofuels energy systems, and integrated
bioenergy research and development (including biofuels).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Biopower Energy Systems.--There are authorized to be
appropriated to the Secretary for Biopower Energy Systems programs,
projects, and activities for which specific sums are not authorized
under other authority of law--
(1) $45,700,000 for fiscal year 2002;
(2) $52,500,000 for fiscal year 2003;
(3) $60,300,000 for fiscal year 2004;
(4) $69,300,000 for fiscal year 2005; and
(5) $79,600,000 for fiscal year 2006.
(b) Biofuels Energy Systems.--There are authorized to be
appropriated to the Secretary for biofuels energy systems programs,
projects, and activities for which specific sums are not authorized
under other authority of law--
(1) $53,500,000 for fiscal year 2002;
(2) $61,400,000 for fiscal year 2003;
(3) $70,600,000 for fiscal year 2004;
(4) $81,100,000 for fiscal year 2005; and
(5) $93,200,000 for fiscal year 2006.
(c) Integrated Bioenergy Research and Development.--There are
authorized to be appropriated to the Secretary for integrated bioenergy
research and development (including biofuels) programs, projects, and
activities for which specific sums are not authorized under other
authority of law, $49,000,000 for each of the fiscal years 2002 through
2006. Activities funded under this subsection shall be coordinated with
ongoing related programs of other Federal agencies.
SEC. 6. LIMITS ON USE OF FUNDS.
(a) Federal Acquisition Regulation.--
(1) Requirement.--None of the funds authorized to be
appropriated by this Act may be used to award, amend, or modify
a contract of the Department in a manner that deviates from the
Federal Acquisition Regulation, unless the Secretary grants, on
a case-by-case basis, a waiver to allow for such a deviation.
The Secretary may not delegate the authority to grant such a
waiver.
(2) Congressional notice.--At least 60 days before a
contract award, amendment, or modification for which the
Secretary intends to grant such a waiver, the Secretary shall
submit to the appropriate congressional committees a report
notifying the committees of the waiver and setting forth the
reasons for the waiver.
(b) Production or Provision of Articles or Services.--None of the
funds authorized to be appropriated by this Act may be used to produce
or provide articles or services for the purpose of selling the articles
or services to a person outside the Federal Government, unless the
Secretary determines that comparable articles or services are not
available from a commercial source in the United States.
(c) Requests for Proposals.--None of the funds authorized to be
appropriated by this Act may be used by the Department to prepare or
initiate Requests for Proposals for a program, project, or activity if
the program, project, or activity has not been specifically authorized
by Congress.
(d) Trade Associations.--None of the funds authorized to be
appropriated by this Act may be used either directly or indirectly to
fund a grant, contract, subcontract, or any other form of financial
assistance awarded by the Department to a trade association on a
noncompetitive basis.
SEC. 7. COST SHARING.
(a) Research and Development.--The Secretary shall require, for
research and development programs, projects, and activities carried out
by industry under this Act, a commitment from non-Federal sources of at
least 20 percent of the cost of such programs, projects, and
activities.
(b) Demonstration and Commercial Application.--The Secretary shall
require a commitment from non-Federal sources of at least 50 percent of
the cost of any demonstration or commercial application program,
project, or activity conducted under this Act.
SEC. 8. LIMITATION ON DEMONSTRATIONS AND COMMERCIAL APPLICATIONS OF
ENERGY TECHNOLOGY.
The Secretary shall provide funding for scientific or energy
demonstration or commercial application of energy technology programs,
projects, or activities of the Department only for technologies or
processes that can be reasonably expected to yield new, measurable
benefits to the cost, efficiency, or performance of the technology or
process. | Bioenergy Act of 2001 - Authorizes the Secretary of Energy to conduct environmental research and development, scientific and energy research, development, and demonstration, and commercial application of energy technology programs, projects, and activities related to bioenergy, including biopower energy systems, biofuels energy systems, and integrated bioenergy research and development (including biofuels).Authorizes appropriations for biopower energy systems, biofuels energy systems, and integrated bioenergy research and development.Mandates specified cost-sharing commitments from non-Federal sources. | {"src": "billsum_train", "title": "To authorize appropriations for environmental research and development, scientific and energy research, development, and demonstration, and commercial application of energy technology bioenergy programs, projects, and activities of the Department of Energy, and for other purposes."} | 1,209 | 119 | 0.623523 | 1.566524 | 0.641094 | 6.566667 | 12.244444 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Aid Accountability and
Transparency Act of 2007''.
SEC. 2. ACCOUNTABILITY AND TRANSPARENCY.
Title I of the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.) is amended by adding at the end the following:
``PART E--INSTITUTIONAL REQUIREMENTS RELATED TO STUDENT LOANS
``SEC. 151. DEFINITIONS.
``In this part:
``(1) Agent.--The term `agent', when used with respect to
an institution of higher education, means an organization such
as an alumni association or booster club.
``(2) Lender.--
``(A) In general.--The term `lender'--
``(i) means a creditor, except that such
term shall not include an issuer of credit
under a residential mortgage transaction; and
``(ii) includes an agent of a lender.
``(B) Incorporation of tila definitions.--The terms
`creditor' and `residential mortgage transaction' have
the meanings given such terms in section 103 of the
Truth in Lending Act (15 U.S.C. 1602).
``(3) Loan.--
``(A) Student loan.--The term `student loan'
means--
``(i) any Federal student loan; or
``(ii) a private educational loan.
``(B) Federal student loan.--The term `Federal
student loan' means any loan made, insured, or
guaranteed under title IV of this Act.
``(C) Federal direct loan.--The term `Federal
Direct loan' means any loan made under part D of title
IV of this Act.
``(D) Private educational loan.--The term `private
educational loan' means a private loan provided by a
lender that--
``(i) is not made, insured, or guaranteed
under title IV; and
``(ii) is issued by a lender for
postsecondary educational expenses to a
student, or the parent of the student,
regardless of whether the loan is provided
through the educational institution that the
student attends or directly to the student or
parent from the lender.
``(4) Postsecondary educational expenses.--The term
`postsecondary educational expenses' means any of the expenses
that are included as part of a student's cost of attendance, as
defined under section 472.
``(5) Recommend.--An institution shall be considered to
recommend any lender if the institution communicates to any
student or parent of any student any recommendation, referral,
promotion, or endorsement of any lender or the loan products of
any lender.
``SEC. 152. RECOMMENDED LENDERS.
``No institution of higher education or agent of an institution of
higher education may recommend any lender unless--
``(1) the institution has adopted a formal written policy
concerning the procedures and criteria by which the institution
will select lenders for inclusion in or exclusion from those
recommendations;
``(2) the policy, procedures, and criteria adopted by the
institution are disclosed in accordance with section 153(a);
and
``(3) if the institution recommends--
``(A) any lender for making a Federal student loan,
other than a Federal Direct loan, the institution
recommends a minimum of 3 eligible lenders (as that
term is defined in section 435) that are not affiliated
lenders (as determined in accordance with regulations
of the Secretary) for making such loans; and
``(B) any lender for making a private educational
loan, the institution recommends a minimum of 3 lenders
that are not affiliated lenders (as so determined) for
making such loans.
``SEC. 153. DISCLOSURES.
``(a) Lender Recommendations.--An institution of higher education
shall disclose, on its website and in the informational materials
listed in subsection (d), the policy, procedures, and criteria that the
institution has adopted in accordance with section 152(1), and the
process by which the institution adopted such policy, procedures, and
criteria.
``(b) Model Disclosure Form for Loan Options.--
``(1) Requirement.--The Secretary shall develop and
prescribe an easy-to-read model disclosure form that will
provide students with the relevant information about the terms
and conditions for both Federal loans and private educational
loans for use by both institutions of higher education and
lenders.
``(2) Consultation.--In developing the model disclosure
forms required by this subsection, the Secretary shall consult
with--
``(A) students;
``(B) representatives from institutions of higher
education, including financial aid administrators,
registrars, business officers, and student affairs
officials;
``(C) lenders;
``(D) loan servicers; and
``(E) guaranty agencies.
``(3) Information on federal student loans.--The model
disclosure forms under this subsection with respect to Federal
student loans shall include at a minimum the following
information with respect to loans provided through each lender
recommended by the institution and, in the case of a Federal
Direct loan, with respect to loans provided through the
institution:
``(A) the interest rate of the loan;
``(B) any fees associated with the loan;
``(C) the repayment terms available on the loan;
``(D) the opportunity for deferment or forbearance
with the loan, including whether the loan payments can
be deferred if the student is in school; and
``(E) contact information for the lender.
``(4) Information on private educational loans.--The model
disclosure forms under this subsection with respect to private
educational loans shall include at a minimum the following
information with respect to loans made by each lender
recommended by the institution:
``(A) the method of determining the interest rate
of the loan;
``(B) types of repayment plans that are available;
``(C) whether, and under what conditions, early
repayment may be available without penalty;
``(D) other borrower benefits such as in-school
deferments;
``(E) late payment penalties; and
``(F) such other information as the Secretary may
require.
``(5) Deadline.--The model disclosure forms required by
this subsection shall be developed and prescribed within one
year after the date of enactment of the Financial Aid
Accountability and Transparency Act of 2007.
``(c) Disclosures by Institutions of Higher Education.--An
institution of higher education that participates in the Federal
student loan programs under part B of title IV of this Act, or any
institution that recommends any lender of private educational loans for
its students, shall disclose, on its website and in the informational
materials described in subsection (e)--
``(1) a statement that--
``(A) indicates that students are not limited to or
required to use the lenders the institutions
recommends; and
``(B) the institution is required to process the
documents required to obtain a loan from any eligible
lender the student selects;
``(2) at a minimum, all of the information provided by the
model disclosure form prescribed under subsection (b) with
respect to any lender recommended by the institution for
Federal student loans and, as applicable, private educational
loans;
``(3) disclose the maximum amount of Federal grant and loan
aid available to students in an easy-to-understand format; and
``(4) the institution's cost of attendance (as determined
under section 472).
``(d) Disclosures for Federal Direct Loans.--An institution of
higher education that participates in the Federal Direct loan program
shall disclose, on its website and in the informational materials
described in subsection (e), the information required under paragraphs
(2), (3), and (4) of subsection (c), and the policies, procedures, and
criteria the institution used to make the determination to participate
in such Federal Direct loan program.
``(e) Informational Materials.--The informational materials
described in this subsection are any publications, mailings, or
electronic messages or media distributed to prospective or current
students that describe, discuss, or relate to the financial aid
opportunities available to students at an institution of higher
education.
``SEC. 154. CODE OF CONDUCT.
``(a) Code of Conduct Required.--Each institution of higher
education that participates in the Federal student loan program or has
students that obtain private educational loans shall--
``(1) develop a code of conduct in accordance with
subsection (b) with which its employees, trustees, and
directors are required to comply with respect to student loans;
``(2) publish the code of conduct prominently on its
website; and
``(3) administer and enforce such code in accordance with
the requirements of this section.
``(b) Contents of Code.--
``(1) In general.--The code required by this section shall
contain a limitation on the acceptance of gifts, payments, or
other financial benefits (including the opportunity to purchase
stock) provided to officers and employees of the institution
(and, when appropriate, family members of such officers and
employees) by any lender or guaranty agency that present or may
present a conflict of interest or the appearance of a conflict
of interest with the responsibilities of such officer or
employee with respect to student loans or other financial aid.
``(2) Fees from lenders for service prohibited.--The code
required by this section shall prohibit any officer or employee
who is employed in the financial aid office of the institution,
or who otherwise has responsibilities with respect to student
loans or other financial aid, from accepting from any lender or
affiliate of any lender any fee, payment, or other financial
benefit (including the opportunity to purchase stock) as
compensation for consulting services, serving on an advisory
council, or otherwise advising such lender or affiliate.
``(3) Permitted exclusions from gift limitations.--An
institution may exclude from treatment as a gift, payment, or
other financial benefit under the code of conduct required by
this section--
``(A) standard informational material related to a
loan, such as a brochure;
``(B) reimbursement for necessary transportation,
lodging, and related expenses (including food and
refreshments) for travel to a meeting in connection
with serving on an advisory council, if such
reimbursement is for travel for a period not exceeding
2 days and 1 night for each such meeting;
``(C) training or informational material furnished
to an officer, employee, or agent of an institution as
an integral part of a training session or through
participation in an advisory council that is designed
to improve the lender's service to the institution, if
such training or participation contributes to the
professional development of the employee or agent of
the institution; and
``(D) favorable terms, conditions, and borrower
benefits on an educational loan provided to a student,
or a parent of a student, employed by the covered
institution.
``(c) Training and Compliance.--An institution of higher education
shall administer and enforce a code of conduct required by this section
by, at a minimum, requiring all of its officers and employees with
responsibilities with respect to student loans or other financial aid
to obtain training annually in compliance with the code.
``(d) Ban on Education Loan Arrangements.--An institution of higher
education shall be prohibited from entering into an education loan
arrangement. For purposes of this section, an education loan
arrangement is an arrangement between an institution of higher
education (or an agent of the institution) and a lender under which--
``(1) a lender provides or issues student loans to students
attending the institution or to parents of such students;
``(2) the institution recommends the lender or the loan
products of the lender; and
``(3) the lender pays a fee or provides other material
benefits to the institution or officers, employees, or agents
of the institution.
``(e) Ban on Staffing Assistance.--
``(1) Prohibition.--An institution of higher education
shall be prohibited from requesting or accepting from any
lender any assistance with call center staffing or financial
aid office staffing.
``(2) Certain assistance permitted.--Nothing in paragraph
(1) shall be construed to prohibit an institution from
requesting or accepting assistance from a lender related to--
``(A) professional development training for
financial aid administrators; or
``(B) providing educational counseling materials,
financial literacy materials, or debt management
materials to borrowers, provided that such materials
disclose to borrowers the identification of any lender
that assisted in preparing or providing such materials.
``SEC. 155. RULE OF CONSTRUCTION.
``Nothing in this part shall be construed to prohibit an
institution of higher education from negotiating with lenders for
reduced interest rates or fees on student loans for students or
parents.''.
SEC. 3. DISCLOSURES REQUIRED FOR PRIVATE EDUCATIONAL LOANS.
(a) In General.--Section 128 of the Truth in Lending Act (15 U.S.C.
1638) is amended by adding at the end the following new subsection:
``(e) Disclosures Required for Private Educational Loans.--
``(1) In general.--In addition to any other disclosures
required under this chapter with respect to a consumer credit
transaction, a creditor shall provide any consumer with the
following information, and obtain the acknowledgment of the
consumer under paragraph (3), before executing any contract or
agreement between the creditor and the consumer relating to any
extension of credit consisting of or involving a private
educational loan:
``(A) The consumer may qualify for Federal
financial assistance for education through a program
under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).
``(B) In many cases, a Federal student loan may
provide the consumer with more beneficial terms and
conditions , including a lower annual percentage rate
and fewer and lower fees, than private educational
loans.
``(C) The consumer may obtain additional
information concerning such Federal financial
assistance at the website of the Department of
Education.
``(2) Clear and conspicuous disclosure.--The disclosure
required under paragraph (1) shall be placed in a conspicuous
and prominent location on or with any written application,
solicitation, or other document or paper relating to any
extension of credit consisting of or involving a private
educational loan for which such disclosure is required.
``(3) Written acknowledgment of receipt.--In each case in
which a disclosure is provided pursuant to paragraph (1), a
creditor shall obtain a written acknowledgment from the
consumer that the consumer has read and understood the
disclosure.
``(4) Definitions.--For purposes of this subsection, the
terms `Federal student loan' and `private educational loan'
have the same meanings as in section 151 of the Higher
Education Act of 1965.
``(5) Regulations.--In prescribing regulations to implement
this subsection, the Board shall consult with the Secretary of
Education.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any credit consisting of or involving a private
educational loan that is extended pursuant to a contract or agreement
entered into after July 1, 2007. | Financial Aid Accountability and Transparency Act of 2007 - Amends the Higher Education Act of 1965 to prohibit an institution of higher education (IHE) from recommending student loan providers unless it has a formal written recommendation policy, publicizes such policy, and recommends a minimum of three unaffiliated lenders. Requires IHEs to disclose to students: (1) that they cannot limit students to recommended lenders and must process the loan documents of any eligible lender; (2) the maximum federal grant and loan aid available; and (3) the cost of attendance.
Directs the Secretary of Education to develop and prescribe an easy-to-read model disclosure form for use by IHEs and lenders in providing relevant and specified minimum information to students concerning the terms of federal and private student loans.
Requires IHEs to develop, publicize, and enforce codes of conduct for their employees, trustees, and directors prohibiting the acceptance of certain financial benefits or fees from student loan providers or guarantors. Bans IHEs from: (1) entering into educational loan arrangements that involve lender payments for recommended lender status; or (2) requesting or accepting lender assistance with call center or financial aid office staffing.
Amends the Truth in Lending Act to require private educational loan providers to inform consumers, before such loans are executed, that they may qualify for federal educational assistance, that federal student loans may have more beneficial terms than private loans, and that they may obtain additional information concerning such assistance from the Department of Education's website. | {"src": "billsum_train", "title": "To provide more transparency in the financial aid process and to ensure that students are receiving the best information about financial aid opportunities."} | 3,360 | 320 | 0.489577 | 1.472092 | 0.663986 | 2.425087 | 11.132404 | 0.87108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Price Reduction Through
Increased Refinery Capacity Act of 2005''.
SEC. 2. INCENTIVES FOR INVESTMENT IN OIL REFINERIES.
(a) Election to Expense Qualified Refineries.--
(1) In general.--Part VI of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by inserting after
section 179B the following new section:
``SEC. 179C. ELECTION TO EXPENSE CERTAIN REFINERIES.
``(a) Treatment as Expenses.--A taxpayer may elect to treat the
cost of any qualified refinery property as an expense which is not
chargeable to a capital account. Any cost so treated shall be allowed
as a deduction for the taxable year in which the qualified refinery is
placed in service.
``(b) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the tax
imposed by this chapter for the taxable year. Such election
shall be made in such manner as the Secretary may by
regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(c) Qualified Refinery Property.--The term `qualified refinery
property' means any refinery or portion of a refinery--
``(1) with respect to the construction of which there is a
binding construction contract before January 1, 2008,
``(2) which is placed in service by the taxpayer before
January 1, 2012,
``(3) in the case of any portion of a refinery, which meets
the requirements of subsection (d), and
``(4) which meets all applicable environmental laws in
effect on the date such refinery or portion thereof was placed
in service.
A waiver under the Clean Air Act shall not be taken into account in
determining whether the requirements of paragraph (4) are met.
``(d) Production Capacity.--The requirements of this subsection are
met if the portion of the refinery--
``(1) increases the rated capacity of the existing refinery
by 5 percent or more over the capacity of such refinery as
reported by the Energy Information Agency on January 1, 2005,
or
``(2) enables the existing refinery to process qualified
fuels (as defined in section 29(c)) at a rate which is equal to
or greater than 25 percent of the total throughput of such
refinery on an average daily basis.
``(e) Ineligible Refineries.--No deduction shall be allowed under
subsection (a) for any qualified refinery property--
``(1) the primary purpose of which is for use as a topping
plant, asphalt plant, lube oil facility, crude or product
terminal, or blending facility, or
``(2) which is built solely to comply with Federally
mandated projects or consent decrees.''.
(2) Conforming amendment.--The table of sections for part
VI of subchapter B of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section
179B the following new item:
``Sec. 179C. Election to expense certain refineries.''.
(b) Class Life for Refineries.--
(1) In general.--Subparagraph (B) of section 168(e)(3) of
the Internal Revenue Code of 1986 (relating to 5-year property)
is amended by striking ``and'' at the end of clause (v), by
striking the period at the end of clause (vi) and inserting ``,
and'', and by adding at the end the following new clause:
``(vii) any petroleum refining property.''.
(2) Petroleum refining asset.--Section 168(i) of such Code
is amended by adding at the end the following new paragraph:
``(17) Petroleum refining property.--
``(A) In general.--The term `petroleum refining
property' means any asset for petroleum refining,
including assets used for the distillation,
fractionation, and catalytic cracking of crude
petroleum into gasoline and its other components.
``(B) Asset must meet environmental laws.--Such
term shall not include any asset which does not meet
all applicable environmental laws in effect on the date
such asset was placed in service. For purposes of the
preceding sentence, a waiver under the Clean Air Act
shall not be taken into account in determining whether
the applicable environmental laws have been met.
``(C) Special rule for mergers and acquisitions.--
Such term shall not include any asset with respect to
which a deduction was taken under subsection (e)(3)(B)
by any other taxpayer in any preceding year.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to refineries placed in service after the date of the
enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any refinery with respect to which the taxpayer
has entered into a binding contract for the construction
thereof on or before the date of the enactment of this Act. | Gas Price Reduction Through Increased Refinery Capacity Act of 2005 - Amends the Internal Revenue Code to allow taxpayers to elect to expense (i.e., deduct in the current taxable year) the cost of qualified refinery property placed in service before January 1, 2012, or under a binding construction contract before January 1, 2008. Requires that such refinery meet specified production levels and comply with all applicable environmental laws
Classifies petroleum refining property as five-year property for depreciation purposes. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to modify the treatment of depreciation of refinery property."} | 1,186 | 113 | 0.596935 | 1.476367 | 0.976282 | 2.674157 | 11.719101 | 0.853933 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Disaster Emergency Assistance
Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Due in large part to weather-related disasters in 2001
and 2002, increases in commodity prices will result in cost
savings under title I of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7901 et seq.) of approximately
$5,600,000,000 in fiscal year 2003.
(2) The amount of funds made available by this Act to
compensate producers adversely impacted by weather-related
disasters that occurred in 2001 and 2002, together with actual
expenditures under title I of the Farm Security and Rural
Investment Act of 2002, will still be less than the amount
allocated for agriculture in the budget baseline for fiscal
year 2002.
SEC. 3. CROP DISASTER ASSISTANCE.
(a) Assistance Available.--The Secretary of Agriculture (in this
Act referred to as the ``Secretary'') shall use such sums as are
necessary of funds of the Commodity Credit Corporation to make
emergency financial assistance available to producers on a farm that
have incurred qualifying losses for the 2001 or 2002 crop of an
agricultural commodity due to damaging weather or related condition, as
determined by the Secretary.
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 815 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (as enacted into law by
Public Law 106-387; 114 Stat. 1549A-55), including using the same loss
thresholds for quantity and quality losses as were used in
administering that section.
(c) Election of Crop Year.--If a producer incurred qualifying crop
losses in both the 2001 and 2002 crop years, the producer shall elect
to receive assistance under this section for losses incurred in either
the 2001 crop year or the 2002 crop year, but not both.
(d) Payment Limitation.--
(1) Limitation.--Assistance provided under this section to
a producer for losses to a crop, together with the amounts
specified in paragraph (2) applicable to the same crop, may not
exceed what the value of the crop would have been in the
absence of the losses, as estimated by the Secretary.
(2) Other payments.--In applying the limitation in
paragraph (1), the Secretary shall include the following:
(A) Any crop insurance payment or payment under
section 196 of the Federal Agricultural Improvement and
Reform Act of 1996 (7 U.S.C. 7333) that the producer
receives for losses to the same crop.
(B) The value of the crop that was not lost (if
any), as estimated by the Secretary.
SEC. 4. ASSISTANCE FOR LIVESTOCK PRODUCERS.
(a) Assistance Available.--The Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation to make
emergency financial assistance, as authorized in section 10104 of the
Farm Security and Rural Investment Act of 2002 (Public Law 107-171; 7
U.S.C. 1472), available to livestock producers that have incurred
losses in a county that received an emergency designation by the
President or the Secretary in calendar year 2001 or 2002. The Secretary
may reserve a portion of the funds available to carry out this section
for the American Indian Livestock Feed Program.
(b) Election of Disaster Years.--If a producer incurred livestock
losses in a county that received an emergency designation by the
President or Secretary in both calendar year 2001 and 2002, the
producer shall elect to receive assistance under this section for
losses incurred in either 2001 or 2002, but not both.
(c) Relation to Other Payments.--Assistance provided under this
section to a producer for livestock losses shall be reduced (but not
below zero) by any amount received by the producer for the same losses
under the livestock loss compensation program announced by the
Secretary on September 19, 2002.
(d) Adjusted Gross Income Limitation.--The Secretary shall apply
the adjusted gross income limitation under section 1001D of the Food
Security Act of 1985 (7 U.S.C. 1308-3a) to the provision of assistance
under this section in lieu of any other income limitation that the
Secretary would otherwise apply to the provision of such assistance.
SEC. 5. INELIGIBILITY FOR PAYMENTS.
(a) Definitions.--In this section:
(1) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for which
the producers on a farm are eligible to obtain a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(2) Noninsurable commodity.--The term ``noninsurable
commodity'' means an eligible crop for which the producers on a
farm are eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(b) Ineligibility.--Except as provided in subsection (c), the
producers on a farm shall not be eligible for assistance under section
3 with respect to losses to an insurable commodity or noninsurable
commodity if the producers on the farm--
(1) in the case of an insurable commodity, did not obtain a
policy or plan of insurance for the insurable commodity under
the Federal Crop Insurance Act for the crop incurring the
losses; and
(2) in the case of a noninsurable commodity, did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 for the crop incurring the
losses.
(c) Contract Waiver.--The Secretary may waive the application of
subsection (b) to the producers on a farm if the producers on the farm
enter into a contract with the Secretary under which the producers on
the farm agree--
(1) in the case of an insurable commodity, to obtain a
policy or plan of insurance under the Federal Crop Insurance
Act for the insurable commodity for each of the next three
crops that provides a level of coverage at least equal to the
level available under catastrophic risk protection; and
(2) in the case of a noninsurable commodity, to file the
required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity for each of the next three crops under section 196 of
the Federal Agriculture Improvement and Reform Act of 1996.
(d) Effect of Violation.--On violation of a contract under
subsection (c) by a producer, the producer shall reimburse the
Secretary for the full amount of the assistance provided to the
producer under section 3. In the case of an insurable commodity, the
Secretary shall also impose a civil money penalty for the violation in
an amount equal to the producer-cost of a 65/100 crop insurance policy
on each crop for which the producer agreed to purchase crop insurance,
but did not, in the three-year period.
SEC. 6. REPLENISHMENT OF SECTION 32 FUNDS.
The Secretary shall transfer $250,000,000 of funds of the Commodity
Credit Corporation to the account available to the Secretary under
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c).
SEC. 7. COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this Act.
SEC. 8. REGULATIONS.
(a) In General.--The Secretary of Agriculture may promulgate such
regulations as are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code. | Farm Disaster Emergency Assistance Act of 2003 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers who have incurred qualifying 2001 or 2002 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2001 and 2002 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program.Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years.Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions.Directs the Secretary to transfer specified Commodity Credit Corporation amounts to a certain account established to encourage domestic consumption and foreign exportation of agricultural commodities. | {"src": "billsum_train", "title": "To provide emergency disaster assistance to agricultural producers to respond to severe crop losses and livestock losses incurred in 2001 and 2002, and for other purposes."} | 1,841 | 187 | 0.592881 | 1.712283 | 0.947914 | 1.922619 | 9.970238 | 0.827381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Certificate Act of
2003''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') shall establish a program
for the issuance to eligible individuals of health insurance
certificates which may be applied towards the cost of purchasing
qualified health insurance coverage for such individuals and family
members. The issuance of such certificates for any fiscal year is
limited to the amount appropriated under subsection (f) for such fiscal
year.
(b) Eligibility.--
(1) In general.--For purposes of this Act, the terms
``eligible individual'' and ``qualified family member'' mean,
with respect to a month, an adult or family member,
respectively, who--
(A) is a citizen or national of the United States
or an alien permanently residing lawfully in the United
States as of the first day of the month;
(B) is under 65 years of age as of the last day of
the month; and
(C) is not eligible to be covered under public
coverage described in paragraph (3) as of the first day
of the month.
(2) No certificate for covered family members.--
(A) In general.--No certificate shall be issued
under this section to a member of the family of a
principal eligible individual if the family member is
covered under the qualified health insurance coverage
covering the principal eligible individual.
(B) Member of family.--For purposes of this Act,
the term ``member of family'' has the meaning given
such term under section 8901(5) of title 5, United
States Code.
(C) Spouse.--For purposes of this Act, the term
``married'' and ``spouse'' shall have the meaning given
such term for purposes of chapter 89 of title 5, United
States Code.
(D) No duplication.--In no case may the certificate
value of more than one certificate take into account
any member of a family and, with respect to an eligible
individual, no more than 2 member of the individual's
family (other than the spouse of the individual) shall
be taken into account.
(3) Exclusion for those eligible for coverage under public
program.--Subject to paragraph (4), an individual is not an
eligible individual as of the first day of a month if such
individual is eligible to be covered as of such day under any
medical care program described in--
(A) title XVIII, XIX, or XXI of the Social Security
Act;
(B) chapter 55 of title 10, United States Code;
(C) chapter 17 of title 38, United States Code;
(D) chapter 89 of title 5, United States Code; or
(E) the Indian Health Care Improvement Act.
(4) Treatment of cobra continuation coverage.--In the case
of continuation coverage under a group health plan which is
required to be provided by Federal law for an individual during
the period specified in section 602(2) of the Employee
Retirement Income Security Act of 1974, section 4980B(f)(2)(B)
of the Internal Revenue Code of 1986, or section 2202(2) of the
Public Health Service Act, or coverage under chapter 89 of
title 5, United States Code which is required to be provided
under section 8905a of title 5, United States Code, paragraph
(3) shall not apply with respect to such continuation coverage
and the coverage shall be treated as qualified health insurance
coverage.
(c) Health Insurance Certificates.--
(1) In general.--The Secretary shall design health
insurance certificates to be in a form so that, when presented
to the issuer of a qualified health insurance coverage, the
issuer may secure directly from the Secretary the value
specified in the certificate towards the cost of purchasing
such coverage. Once paid, the Secretary may not seek
reimbursement from the issuer if there is a finding that any
relevant information provided by an individual was incorrect. A
certificate is issued with respect to the costs of obtaining
health insurance coverage in a year for a specified eligible
individual (and family members) and may not be used for such
coverage in any other period.
(2) Limitation.--In no case shall the value of the
certificate, as applied with respect to health insurance
coverage, be applied towards an amount that exceeds--
(A) 70 percent of the premium for coverage for the
period involved, or
(B) in the case of a certificate described in
subsection (d)(2), 70 percent of the employee's premium
for coverage under the group health plan involved.
(3) Form of certificate.--A health insurance certificate
for a year shall be valued and paid as follows:
(A) Value.--The value of the certificate for a year
shall be determined based upon a methodology for
determining income specified by the Secretary that is
similar to that applied for purposes of determining
eligibility on the basis of income under needs-based
Federal programs and that may be based on the standards
used under section 1612 for purposes of the
supplemental security income program. Such methodology
under this section may allow for use of both a Federal
methodology and alternate State methodologies where the
Secretary deems appropriate for ease of administration
and coordination of programs. The Secretary may provide
for self-certification of information by individuals
where the Secretary deems appropriate for
administration of the program.
(B) Availability of group health plan coverage.--If
an individual is (for the individual or for the
individual's family members) eligible for coverage
under a group health plan and the premium charged the
individual for such coverage does not exceed 50 percent
of the cost of coverage, such an individual is eligible
only for a certificate under section (d)(2) and not
under subsection (d)(1).
(C) Minimum threshold for issuance of
certificate.--No health insurance certificate shall be
issued under this section where the annualized value of
the certificate is less than $200.
(d) Value of Certificate.--
(1) In general.--The annualized value of a health insurance
certificate for an eligible individual shall be determined as
follows (and applied on a monthly basis based on \1/12\ of such
annualized value):
(A) Unmarried individual with no dependent family
members.--Subject to subparagraph (C)(i), in the case
of an eligible individual who is not married, who has
no dependent family members, who has qualified health
insurance coverage, and whose income--
(i) is $13,000 or less, the annualized
value of the certificate is $1,000; or
(ii) exceeds $13,000, the annualized value
of the certificate be equal to $1,000 minus 15
percent of such amount for every $1000 of the
amount by which such income exceeds $12,001.
(B) Individual with dependent family members.--
Subject to subparagraph (C)(ii), in the case of an
eligible individual who has dependent family members
and who has qualified health insurance coverage that
covers the individual, such family members, or both, if
the family's income--
(i) is $25,000 or less, the annualized
value of the certificate is the sum of--
(I) $1,000, for the individual;
(II) $750, if such a family member
is the individual's spouse; and
(III) $500 for each other family
member, but not to exceed a total of
$1,000 under this subclause; or
(ii) exceeds $25,000, the annualized value
of the certificate shall be the amount
determined under clause (i) minus 10 percent of
such amount for each $1,000 by which such
income exceeds $24,001.
Each of two eligible individuals who are married to
each other may receive the appropriate amount
designated for an individual, as opposed to the amount
designated for a spouse, where they choose separate
insurance coverage.
(C) Application of assets test.--
(i) Self only coverage.--In the case of an
individual described in clause (i) or (ii) of
subparagraph (A) whose resources (as determined
under a methodology that is similar to the
methodology under section 1613 for purposes of
the supplemental security income program)
exceed $12,500, the annualized value of the
certificate shall be 0.
(ii) Self and family coverage.--In the case
of an individual described in clause (i) or
(ii) of subparagraph (B) whose family resources
(as determined under a methodology that is
similar to the methodology under section 1613
for purposes of the supplemental security
income program) exceed $20,000, the annualized
value of the certificate shall be 0.
(D) Rounding.--Any amount determined under
subparagraph (A) or (B) which is not a multiple of $12
shall be rounded to the next lowest $12.
(2) Certificates for use in group health plans.--In the
case of an eligible individual who is covered under a group
health plan--
(A) subparagraph (C) of subsection (b)(1) shall not
apply;
(B) the exclusion with respect to such coverage
under subsection (e)(2)(C) shall not apply;
(C) the value of the certificate shall be 40
percent of the value determined otherwise determined
under paragraph (1) (before the application of
subparagraph (D) thereof); and
(D) certificates under this paragraph may be used
for qualified health insurance under any group health
plan available to any family member by virtue of that
member's employment status.
(e) Qualified Health Insurance Coverage.--For purposes of this
section--
(1) In general.--The term ``qualified health insurance
coverage'' means health benefits coverage (including individual
health insurance coverage or coverage through a State high risk
pool) that is creditable coverage (as defined in section
2701(c)(1) of the Public Health Service Act), which does not
consist entirely of excepted benefits (as defined in section
2791(c) of such Act).
(2) Exception.--The term `qualified health insurance
coverage' does not include--
(A) a flexible spending or similar arrangement;
(B) any insurance if substantially all of its
coverage is of excepted benefits described in section
9832(c) of the Internal Revenue Code of 1986;
(C) except as provided in subsection (d)(2),
insurance provided through any group health plan
related to employment, other than COBRA continuation
coverage; or
(D) any medical program described in section
2(b)(3).
(f) Authorization of Appropriations.--To carry out this section and
section 2745 of the Public Health Service Act (as amended by section
3), there are authorized to be appropriated such sums as may be
necessary not to exceed--
(1) $28,457,000,000 for the period of fiscal years 2004
through 2008; and
(2) $49,965,000,000 for the period of fiscal years 2004
through 2013.
SEC. 3. EXTENSION OF FUNDING FOR OPERATION OF STATE HIGH RISK HEALTH
INSURANCE POOLS.
Section 2745 of the Public Health Service Act, as inserted by
section 201 of the Trade Act of 2002 (Public Law 107-210), is amended--
(1) in subsection (b)(1), by striking ``established a
qualified health risk pool that'' and all that follows through
the end of subparagraph (C) and inserting ``established a
qualified health risk pool that provides for premium rates and
covered benefits for such coverage consistent with standards
included in the NAIC Model Health Plan for Uninsurable
Individuals'';
(2) in subsection (b)(2), by striking ``number of uninsured
individuals'' and inserting ``enrollees in qualified high risk
pools''; and
(3) in subsection (c)(2), by striking ``$40,000,000 for
each of fiscal years 2003 and 2004'' and inserting
``$40,000,000 for fiscal year 2003 and, subject to availability
of funds under section 2(f) of the Health Insurance Certificate
Act of 2003, $75,000,000 for each of fiscal years 2004 through
2009''. | Health Insurance Certificate Act of 2003 - Directs the Secretary of Health and Human Services to establish a program for the issuance to eligible individuals of health insurance certificates to be applied towards the cost of qualified health insurance coverage for such individuals and family members. Declares that no certificate shall be issued to a family member who is covered under the eligible individual's qualified health insurance coverage. Prohibits more than one certificate from being used for any one person. States that a certificate may be used for a spouse and up to two other family members.
Excludes an individual from counting as an eligible individual if such individual is eligible to be covered under any of specified medical programs (not counting Cobra continuation coverage).
Declares that in no case shall the value of a certificate be applied towards an amount that exceeds 70 percent of the premium for coverage for a given period or 70 percent of an employee's premium for coverage under a group health plan.
Sets forth procedures for calculating the value of certificates. Sets forth rules to cover certificates used to purchase coverage in group health plans.
Amends the Public Health Service Act to extend funding for the operation of State high risk health insurance pools. | {"src": "billsum_train", "title": "To provide for a system of health insurance certificates to increase the number of Americans with health insurance coverage."} | 2,608 | 252 | 0.586459 | 1.6428 | 0.869401 | 3.352423 | 10.872247 | 0.903084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Pharmacy Consumer
Protection Act''.
SEC. 2. INTERNET SALES OF PRESCRIPTION DRUGS.
(a) In General.--Chapter 5 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A
the following section:
``SEC. 503B. INTERNET SALES OF PRESCRIPTION DRUGS.
``(a) In General.--A person may not introduce a prescription drug
into interstate commerce or deliver the prescription drug for
introduction into such commerce pursuant to a sale of the drug by such
person if--
``(1) the purchaser of the drug submitted the purchase
order for the drug, or conducted any other part of the sales
transaction for the drug, through an Internet site; and
``(2) such site, or any other Internet site used by such
person for purposes of sales of a prescription drug, fails to
meet each of the requirements specified in subsection (b)
(other than a site or pages on a site that are not intended to
be accessed by purchasers or prospective purchasers).
``(b) Requirements.--With respect to an Internet site, the
requirements referred to in paragraph (2) of subsection (a) for a
person to whom such subsection applies are as follows:
``(1) The site shall include a page that provides the
following information:
``(A) The name of such person; the address of the
principal place of business of the person with respect
to sales of prescription drugs through the Internet;
and the telephone number for such place of business.
``(B) Each State in which the person is authorized
by law to dispense prescription drugs.
``(C) The name of each individual who serves as a
pharmacist for purposes of the site, and each State in
which the individual is authorized by law to dispense
prescription drugs.
``(D) If the person provides for medical
consultations through the site for purposes of
providing prescriptions, the name of each individual
who provides such consultations; each State in which
the individual is licensed or otherwise authorized by
law to provide such consultations; and the type or
types of health professions for which the individual
holds such licenses or other authorizations.
``(2) Each other page of the site (if any) shall include
either a link to the page referred to in paragraph (1) or the
information described in such paragraph.
``(3) A link to which paragraph (2) applies shall be
clearly visible on the page involved, shall not be of a size
smaller than other links on the page (if any), and shall
include in the caption for the link either the word `licensing'
or the word `licenses'.
``(c) Primary Enforcement Authority for States.--
``(1) In general.--With respect to the purchase of a
prescription drug, if a State has in effect requirements for
Internet sites that are no less stringent than the requirements
established in subsection (b) for such sites, and has adequate
procedures for the enforcement of the requirements, the State
has primary enforcement responsibility for any violation
involving such a purchase made from within the State.
``(2) Determination.--The Secretary shall by regulation
establish a procedure through which a State can, upon the
request of the State, obtain from the Secretary a determination
of whether under paragraph (1) the State has primary
enforcement responsibility. Not later than 180 days after the
date of the enactment of the Internet Pharmacy Consumer
Protection Act, the Secretary shall issue a proposed rule for
purposes of the preceding sentence.
``(d) Definitions.--For purposes of this section:
``(1) The term `Internet' means collectively the myriad of
computer and telecommunications facilities, including equipment
and operating software, which comprise the interconnected
world-wide network of networks that employ the Transmission
Control Protocol/Internet Protocol, or any predecessor or
successor protocols to such protocol, to communicate
information of all kinds by wire or radio.
``(2) The term `link', with respect to the Internet, means
one or more letters, words, numbers, symbols, or graphic items
that appear on a page of an Internet site for the purpose of
serving, when activated, as a method for executing an
electronic command--
``(A) to move from viewing one portion of a page on
such site to another portion of the page;
``(B) to move from viewing one page on such site to
another page on such site; or
``(C) to move from viewing a page on one Internet
site to a page on another Internet site.
``(3) The term `page', with respect to the Internet, means
a document or other file accessed at an Internet site.
``(4) The term `prescription drug' means a drug subject to
section 503(b).
``(5)(A) The terms `site' and `address', with respect to
the Internet, mean a specific location on the Internet that is
determined by Internet protocol numbers. Such term includes the
domain name, if any.
``(B) The term `domain name' means a method of representing
an Internet address without direct reference to the Internet
Protocol numbers for the address, including methods that use
the designations `.com', `.edu', `.gov', and `.org'.
``(C) The term `Internet Protocol numbers' includes any
successor protocol for determining a specific location on the
Internet.''.
(b) Inclusion as Prohibited Act.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331) is amended by inserting after
paragraph (k) the following:
``(l) The introduction or delivery for introduction into interstate
commerce of a prescription drug in violation of section 503B.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 take effect upon the expiration of
the 60-day period beginning on the date of the enactment of this Act,
without regard to whether a final rule to implement such amendments has
been promulgated by the Secretary of Health and Human Services under
section 701(a) of the Federal Food, Drug, and Cosmetic Act. The
preceding sentence may not be construed as affecting the authority of
such Secretary to promulgate such a final rule. | Internet Pharmacy Consumer Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to prohibit any person from introducing a prescription drug into interstate commerce or delivering such a drug for introduction into commerce pursuant to a sale if: (1) any part of the sales transaction for the drug is conducted through an Internet site; and (2) such site, or any other Internet site used by such person for purposes of sales of a prescription drug, fails to meet specified requirements regarding inclusion of a page (and links thereto) providing the identities of the seller and the persons serving as pharmacists or medical consultants and the States in which the seller and such persons are authorized to dispense drugs or provide consultations.Provides that a State that has in effect requirements for Internet sites that are no less stringent and that has adequate procedures for their enforcement shall have primary enforcement responsibility for any violation involving such a purchase made from within the State. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act with respect to the sale of prescription drugs through the Internet."} | 1,428 | 200 | 0.70123 | 1.933105 | 0.920123 | 4.854749 | 7.541899 | 0.910615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``War Crimes Accountability Act of
2012''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should actively encourage prosecution
of war crimes suspects and Nazi war criminals;
(2) the Simon Wiesenthal Center should be commended for its
historic work in bringing to light the atrocities of the
Holocaust and in advancing justice for Nazi war criminals
through Operation: Last Chance;
(3) the pursuit and prosecution of war crimes suspects and
Nazi war criminals--from the crimes of the Nazi era to the most
recent conflicts in Sudan--is critical to maintenance of the
rule of law globally; and
(4) pursuit of war crimes suspects includes enforcement of
an arrest warrant issued by an international tribunal against
war crimes suspects indicted by such international tribunal,
including war crimes suspects visiting a foreign country.
SEC. 3. IDENTIFICATION OF COUNTRIES FAILING TO COOPERATE SATISFACTORILY
WITH RELEVANT JURISDICTIONS IN EXTRADITING OR DEPORTING
WAR CRIMES SUSPECTS OR NAZI WAR CRIMINALS.
(a) Report.--The President shall submit to Congress for each of
fiscal years 2013 through 2017 a report that identifies each country
that is failing to--
(1) cooperate satisfactorily with relevant jurisdictions in
extraditing or deporting war crimes suspects or Nazi war
criminals to the jurisdiction in which such war crimes suspects
or Nazi war criminals, as the case may be, have been indicted
or convicted;
(2) enforce arrest warrants issued by an international
tribunal against war crimes suspects indicted by such
international tribunal, including war crimes suspects visiting
a foreign country;
(3) accept Nazi war criminals deported from the United
States; or
(4) effectively prosecute war crimes suspects or Nazi war
criminals within such country's jurisdiction, including Nazi
war criminals who resided in the United States and were
deported from or extradited by the United States or left the
United States voluntarily.
(b) Matters To Be Included.--Each such report shall include
detailed information regarding the war crimes suspects and Nazi war
criminals described in subsection (a).
(c) Form.--Each such report, and the identification of each country
in such report, shall be submitted in an unclassified form, but may
contain a classified annex if necessary.
SEC. 4. PROHIBITION ON GOVERNMENT-TO-GOVERNMENT SALES OF DEFENSE
ARTICLES UNDER THE ARMS EXPORT CONTROL ACT TO COUNTRIES
IDENTIFIED UNDER SECTION 3.
(a) Prohibition.--For each country identified in the report under
section 3 for a fiscal year, the President may not issue a letter of
offer to sell defense articles under the Arms Export Control Act (22
U.S.C. 2751 et seq.) for $7,000,000 or more to such country for the
subsequent fiscal year pursuant to section 36(b) of such Act (22 U.S.C.
2776(b)).
(b) Waiver.--The President may waive the prohibition in subsection
(a) for any fiscal year in which a letter of offer may be issued by the
United States Government if the President determines and certifies to
Congress that it is in the national security interest of the United
States to do so.
SEC. 5. DEFINITIONS.
In this Act:
(1) Nazi war criminal.--The term ``Nazi war criminal''
means any person accused of or indicted for ordering, inciting,
assisting, or otherwise participating in the persecution of any
person because of race, religion, national origin, or political
opinion during the period beginning on March 23, 1933, and
ending on May 8, 1945, under the direction of, or in
association with--
(A) the Nazi government of Germany;
(B) any government in any area occupied by the
military forces of the Nazi government of Germany;
(C) any government established with the assistance
or cooperation of the Nazi government of Germany; or
(D) any government which was an ally of the Nazi
government of Germany.
(2) War crimes suspect.--The term ``war crimes suspect''
means any person accused by an international tribunal of
planning, ordering, assisting, aiding and abetting, committing,
or otherwise participating in, including through command
responsibility, war crimes, crimes against humanity, genocide
or other serious violations of human rights, or who attempted
or conspired to do so.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the date that is 90 days after the
date of the enactment of this Act. | War Crimes Accountability Act of 2012 - Directs the President to submit a report to Congress for each of FY2013-FY2017 that identifies each country that is failing to: (1) cooperate with relevant jurisdictions in extraditing or deporting war crimes suspects or Nazi war criminals to the appropriate jurisdiction; (2) enforce arrest warrants issued by an international tribunal against war crimes suspects; (3) accept Nazi war criminals deported from the United States; or (4) effectively prosecute war crimes suspects or Nazi war criminals within such country's jurisdiction, including Nazi war criminals who resided in the United States and were deported from or extradited by the United States or left the United States voluntarily.
Prohibits the President from issuing a letter of offer to sell defense articles under the Arms Export Control Act for $7 million or more to a country so identified.
Authorizes the President to waive such prohibition if in the U.S. national security interest. | {"src": "billsum_train", "title": "To hold war crimes suspects and Nazi war criminals accountable by encouraging foreign governments to more efficiently prosecute, extradite, deport, or accept for deportation such war crimes suspects and Nazi war criminals, and for other purposes."} | 1,061 | 213 | 0.686621 | 2.018312 | 0.8429 | 6.050847 | 5.169492 | 0.943503 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Global Corruption Act of
2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Armed Services of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a
government official or government entity responsible
for, or complicit in, an act of corruption; and
(B) any company, in which a person or entity
described in subparagraph (A) has a significant stake,
which is responsible for, or complicit in, an act of
corruption.
(3) Corruption.--The term ``corruption'' means the exercise
of public power for private gain, including by bribery,
nepotism, fraud, or embezzlement.
(4) Foreign assistance.--The term ``foreign assistance''
means assistance made available under--
(A) the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.);
(B) the Arms Export Control Act (22 U.S.C. 2751 et
seq.); or
(C) title 10, United States Code.
(5) Grand corruption.--The term ``grand corruption'' means
corruption committed at a high level of government that--
(A) distorts policies or the central functioning of
the country; and
(B) enables leaders to benefit at the expense of
the public good.
(6) Petty corruption.--The term ``petty corruption'' means
the abuse of entrusted power by low- or mid-level public
officials in their interactions with ordinary citizens.
SEC. 3. PUBLICATION OF TIERED RANKING LIST.
(a) In General.--The Secretary of State shall annually publish, on
a publicly accessible website, a tiered ranking of all foreign
countries.
(b) Tier 1 Countries.--A country shall be ranked as a tier 1
country in the ranking published under subsection (a) if the government
of such country is complying with the minimum standards set forth in
section 4.
(c) Tier 2 Countries.--A country shall be ranked as a tier 2
country in the ranking published under subsection (a) if the government
of such country is making efforts to comply with the minimum standards
set forth in section 4, but is not achieving the requisite level of
compliance to be ranked as a tier 1 country.
(d) Tier 3 Countries.--A country shall be ranked as a tier 3
country in the ranking published under subsection (a) if the government
of such country is making de minimis or no efforts to comply with the
minimum standards set forth in section 4.
SEC. 4. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUPTION AND
ASSESSMENT OF EFFORTS TO COMBAT CORRUPTION.
(a) In General.--The government of a country is complying with the
minimum standards for the elimination of corruption if the government--
(1) has enacted laws and established government structures,
policies, and practices that prohibit corruption, including
grand corruption and petty corruption;
(2) enforces the laws described in paragraph (1) by
punishing any person who is found, through a fair judicial
process, to have violated such laws;
(3) prescribes punishment for grand corruption that is
commensurate with the punishment prescribed for serious crimes;
(4) prescribes punishment for petty corruption that--
(A) provides a sufficiently stringent deterrent;
and
(B) adequately reflects the nature of the offense;
and
(5) is making serious and sustained efforts to eliminate
corruption.
(b) Factors for Assessing Government Efforts To Combat
Corruption.--In determining whether a government is making serious and
sustained efforts to eliminate corruption, the Secretary of State shall
consider--
(1) whether the government of the country vigorously
investigates and prosecutes acts of corruption and convicts and
sentences persons responsible for such acts that take place
wholly or partly within such country, including, as
appropriate, requiring incarceration of individuals convicted
of such acts;
(2) whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public
officials who participate in or facilitate corruption,
including nationals of the country who are deployed in foreign
military assignments, trade delegations abroad, or other
similar missions, who engage in or facilitate severe forms of
corruption;
(3) whether the government of the country has adopted
measures to prevent corruption, such as measures to inform and
educate the public, including potential victims, about the
causes and consequences of corruption;
(4) what steps the government of the country has taken to
prohibit government officials from participating in,
facilitating, or condoning corruption, including the
investigation, prosecution, and conviction of such officials;
(5) the extent to which the country provides access, or, as
appropriate, makes adequate resources available, to civil
society organizations and other institutions to combat
corruption, including reporting, investigating, and monitoring;
(6) whether an independent judiciary or judicial body in
the country responsible for, and effectively capable of,
deciding corruption cases impartially, on the basis of facts
and in accordance with the law, without any restrictions,
improper influences, inducements, pressures, threats, or
interferences (direct or indirect) from any quarter or for any
reason;
(7) whether the government of the country is assisting in
international investigations of transnational corruption
networks and in other cooperative efforts to combat grand
corruption, including cooperating with the governments of other
countries to extradite corrupt actors;
(8) whether the government of the country recognizes the
rights of victims of corruption, ensures their access to
justice, and takes steps to prevent victims from being further
victimized or persecuted by corrupt actors, government
officials, or others;
(9) whether the government of the country refrains from
prosecuting victims of corruption or whistleblowers due to such
persons having assisted in exposing corruption, and refrains
from other discriminatory treatment of such persons; and
(10) such other information relating to corruption as the
Secretary of State considers appropriate.
SEC. 5. TRANSPARENCY AND ACCOUNTABILITY.
(a) In General.--Not later than 60 days after publishing the report
required under section 3(a), and prior to obligation by any United
States agency of foreign assistance to the government of a country
ranked as a tier 3 country under section 3(d), the Secretary of State,
in coordination with the Administrator of the United States Agency for
International Development (referred to in this Act as the ``USAID
Administrator'') and the Secretary of Defense, as appropriate, shall--
(1) conduct a corruption risk assessment and create a
corruption mitigation strategy for all United States foreign
assistance programs to that country;
(2) require the inclusion of anti-corruption clauses for
all foreign assistance contracts, grants, and cooperative
agreements, which allow for the termination of the contract,
grant, or cooperative agreement without penalty if credible
indicators of corruption are discovered;
(3) require the inclusion of appropriate clawback clauses
for all foreign assistance contracts, grants, and cooperative
agreements to recover United States taxpayer funds that have
been misappropriated from the prime contractor, grantee, or
cooperative agreement participant through corruption;
(4) require the disclosure of the beneficial ownership of
all contractors, subcontractors, grantees, cooperative
agreement participants, and other organizations receiving
funding from the United States Government for foreign
assistance programs; and
(5) establish a mechanism for investigating allegations of
misappropriated foreign assistance funds or equipment.
(b) Exceptions and Waiver.--
(1) Exceptions.--Subsection (a) shall not apply to
humanitarian assistance, disaster assistance, or assistance to
combat corruption.
(2) Waiver.--The Secretary of State, on a program-by-
program basis, may waive the requirement to delay foreign
assistance under subsection (a) if the Secretary of State
certifies to the appropriate congressional committees that such
waiver is important to the national security interests of the
United States.
SEC. 6. RESOURCES AND REPORTING REQUIREMENTS.
(a) Annual Report.--
(1) In general.--The Secretary of State shall submit an
annual report to the appropriate congressional committees that
outlines the resources needed to meet the objectives and
reports under sections 3 through 5, including--
(A) intelligence data collection needs;
(B) personnel needs;
(C) information technology requirements; and
(D) a description of the bureaucratic structure of
the offices within the Department of State and the
United States Agency for International Development
(``USAID'') that are engaged in anti-corruption
activities.
(2) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(b) Online Platform.--The Secretary of State and the USAID
Administrator shall consolidate existing reports with anti-corruption
components into one online, public platform, which shall--
(1) include--
(A) the Human Rights Report;
(B) the Fiscal Transparency Report;
(C) the Investment Climate Statement reports;
(D) the International Narcotics Control Strategy
Report; and
(E) any other relevant public reports; and
(2) link to third-party indicators used by the United
States Government to inform policy and programming, such as--
(A) the World Bank's Control of Corruption
Indicator;
(B) the World Bank's Actionable Governance Index
Data Portal;
(C) the International Finance Corporation's Doing
Business surveys;
(D) the International Budget Partnership's Open
Budget Index;
(E) the Global Integrity Index; and
(F) multilateral peer review anti-corruption
compliance mechanisms, such as the Organisation for
Economic Co-operation and Development's Working Group
on Bribery in International Business Transactions and
the United Nations Convention Against Corruption, done
at New York October 31, 2003, to further highlight
expert international views on country challenges and
country efforts.
(c) Training.--To increase the ability of Department of State and
USAID personnel to support anti-corruption as a foreign policy and
development priority, and strengthen their ability to design,
implement, and evaluate more effective anti-corruption programming
around the world, including enhancing skills to better evaluate and
mitigate corruption risks in assistance programs, the Secretary of
State and the USAID Administrator shall incorporate anti-corruption
components into existing Foreign Service and Civil Service training
courses. | Combating Global Corruption Act of 2017 This bill directs the the Department of State to annually publish on a publicly accessible website a three-tiered ranking based upon the extent of compliance by a foreign country's government with the minimum anti-corruption standards prescribed in this bill. The bill states that a government is complying with such standards if it: has enacted and judicially enforces laws, and has established structures and practices, that prohibit corruption; prescribes punishment for grand corruption that is commensurate with the punishment for serious crimes; prescribes punishment for petty corruption that provides a sufficient deterrent and reflects the nature of the offense; and is making sustained anti-corruption efforts. The State Department shall, prior to the obligation of any foreign assistance (except humanitarian, disaster, and anti-corruption assistance) to a tier 3 country: conduct a corruption risk assessment and create a corruption mitigation strategy for all foreign assistance programs to that country, require the inclusion of anti-corruption clauses for all foreign assistance contracts and grants, require the inclusion of clawback clauses for all foreign assistance contracts and grants to recover U.S. taxpayer funds that have been misappropriated through corruption, require disclosure of the beneficial ownership of all entities receiving foreign assistance funding, and establish a mechanism for investigating allegations of misappropriated foreign assistance funds or equipment. The State Department and the U.S. Agency for International Development shall: (1) consolidate existing reports with anti-corruption components into one online, public platform; and (2) incorporate anti-corruption components into existing Foreign Service and Civil Service training courses. | {"src": "billsum_train", "title": "Combating Global Corruption Act of 2017"} | 2,365 | 346 | 0.52378 | 1.703535 | 0.702447 | 3.506536 | 7.238562 | 0.918301 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Safety Act of 2001''.
TITLE I--SMALL COMMUNITY LAW ENFORCEMENT IMPROVEMENT GRANTS
SEC. 101. SMALL COMMUNITY GRANT PROGRAM.
Section 1703 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by adding at the
end the following:
``(d) Retention Grants.--
``(1) In general.--The Attorney General may make grants to
units of local government and tribal governments located
outside a Standard Metropolitan Statistical Area, which grants
shall be targeted specifically for the retention for 1
additional year of police officers funded through the COPS
Universal Hiring Program, the COPS FAST Program, the Tribal
Resources Grant Program-Hiring, or the COPS in Schools Program.
``(2) Preference.--In making grants under this subsection,
the Attorney General shall give preference to grantees that
demonstrate financial hardship or severe budget constraint that
impacts the entire local budget and may result in the
termination of employment for police officers described in
paragraph (1).
``(3) Limit on grant amounts.--The total amount of a grant
made under this subsection shall not exceed 20 percent of the
original grant to the grantee.
``(4) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to carry out this subsection $15,000,000
for each of fiscal years 2002 through 2006.
``(B) Set-aside.--Of the amount made available for
grants under this subsection for each fiscal year, 10
percent shall be awarded to tribal governments.''.
SEC. 102. SMALL COMMUNITY TECHNOLOGY GRANT PROGRAM.
Section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended by striking
subsection (k) and inserting the following:
``(k) Law Enforcement Technology Program.--
``(1) In general.--Grants made under subsection (a) may be
used to assist the police departments of units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area, in employing professional,
scientific, and technological advancements that will help those
police departments to--
``(A) improve police communications through the use
of wireless communications, computers, software,
videocams, databases and other hardware and software
that allow law enforcement agencies to communicate and
operate more effectively; and
``(B) develop and improve access to crime solving
technologies, including DNA analysis, photo
enhancement, voice recognition, and other forensic
capabilities.
``(2) Cost share requirement.--A recipient of a grant made
under subsection (a) and used in accordance with this
subsection shall provide matching funds from non-Federal
sources in an amount equal to not less than 10 percent of the
total amount of the grant made under this subsection, subject
to a waiver by the Attorney General for extreme hardship.
``(3) Administration.--The COPS Office shall administer the
grant program under this subsection.
``(4) No supplanting.--Federal funds provided under this
subsection shall be used to supplement and not to supplant
local funds allocated to technology.
``(5) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated $40,000,000 for each of fiscal years 2002
through 2006 to carry out this subsection.
``(B) Set-aside.--Of the amount made available for
grants under this subsection for each fiscal year, 10
percent shall be awarded to tribal governments.''.
SEC. 103. RURAL 9-1-1 SERVICE.
(a) Purpose.--The purpose of this section is to provide access to,
and improve a communications infrastructure that will ensure a reliable
and seamless communication between, law enforcement, fire, and
emergency medical service providers in units of local government and
tribal governments located outside a Standard Metropolitan Statistical
Area and in States.
(b) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall make grants, in accordance with such
regulations as the Attorney General may prescribe, to units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area for the purpose of establishing or
improving 9-1-1 service in those communities. Priority in making grants
under this section shall be given to communities that do not have 9-1-1
service.
(c) Definition.--In this section, the term ``9-1-1 service'' refers
to telephone service that has designated 9-1-1 as a universal emergency
telephone number in the community served for reporting an emergency to
appropriate authorities and requesting assistance.
(d) Limit on Grant Amount.--The total amount of a grant made under
this section shall not exceed $250,000.
(e) Funding.--
(1) In general.--There are authorized to be appropriated to
carry out this section $25,000,000 for fiscal year 2002, to
remain available until expended.
(2) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments.
SEC. 104. JUVENILE OFFENDER ACCOUNTABILITY.
(a) Purposes.--The purposes of this section are to--
(1) hold juvenile offenders accountable for their offenses;
(2) involve victims and the community in the juvenile
justice process;
(3) obligate the offender to pay restitution to the victim
and to the community through community service or through
financial or other forms of restitution; and
(4) equip juvenile offenders with the skills needed to live
responsibly and productively.
(b) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall make grants, in accordance with such
regulations as the Attorney General may prescribe, to units of rural
local governments and tribal governments located outside a Standard
Metropolitan Statistical Area to establish restorative justice
programs, such as victim and offender mediation, family and community
conferences, family and group conferences, sentencing circles,
restorative panels, and reparative boards, as an alternative to, or in
addition to, incarceration.
(c) Program Criteria.--A program funded by a grant made under this
section shall--
(1) be fully voluntary by both the victim and the offender
(who must admit responsibility), once the prosecuting agency
has determined that the case is appropriate for this program;
(2) include as a critical component accountability
conferences, at which the victim will have the opportunity to
address the offender directly, to describe the impact of the
offense against the victim, and the opportunity to suggest
possible forms of restitution;
(3) require that conferences be attended by the victim, the
offender and, when possible, the parents or guardians of the
offender, and the arresting officer; and
(4) provide an early, individualized assessment and action
plan to each juvenile offender in order to prevent further
criminal behavior through the development of appropriate skills
in the juvenile offender so that the juvenile is more capable
of living productively and responsibly in the community.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $10,000,000 for fiscal year 2002 for grants to
establish programs; and
(B) $5,000,000 for each of fiscal years 2003 and
2004 to continue programs established in fiscal year
2002.
(2) Set-aside.--Of the amount made available for grants
under this section for each fiscal year, 10 percent shall be
awarded to tribal governments.
TITLE II--CRACKING DOWN ON METHAMPHETAMINE
SEC. 201. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.
Subpart I of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended by inserting after section 509 the
following:
``SEC. 510A. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Substance Abuse Treatment, shall make grants to
community-based public and nonprofit private entities for the
establishment of substance abuse (particularly methamphetamine)
prevention and treatment pilot programs in units of local government
and tribal governments located outside a Standard Metropolitan
Statistical Area.
``(b) Administration.--Grants made in accordance with this section
shall be administered by a single State agency designated by a State to
ensure a coordinated effort within that State.
``(c) Application.--To be eligible to receive a grant under
subsection (a), a public or nonprofit private entity shall prepare and
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
``(d) Use of Funds.--A recipient of a grant under this section
shall use amounts received under the grant to establish a
methamphetamine abuse prevention and treatment pilot program that
serves one or more rural areas. Such a pilot program shall--
``(1) have the ability to care for individuals on an in-
patient basis;
``(2) have a social detoxification capability, with direct
access to medical services within 50 miles;
``(3) provide neuro-cognitive skill development services to
address brain damage caused by methamphetamine use;
``(4) provide after-care services, whether as a single-
source provider or in conjunction with community-based services
designed to continue neuro-cognitive skill development to
address brain damage caused by methamphetamine use;
``(5) provide appropriate training for the staff employed
in the program; and
``(6) use scientifically-based best practices in substance
abuse treatment, particularly in methamphetamine treatment.
``(e) Amount of Grants.--The amount of a grant under this section
shall be at least $19,000 but not greater than $100,000.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$2,000,000 to carry out this section.
``(2) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments to ensure the provision of services under this
section.''.
SEC. 202. METHAMPHETAMINE PREVENTION EDUCATION.
Section 519E of the Public Health Service Act (42 U.S.C. 290bb-25e)
is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(H) to fund programs that educate rural
communities, particularly parents, teachers, and others
who work with youth, concerning the early signs and
effects of methamphetamine use, however, as a
prerequisite to receiving funding, these programs
shall--
``(i) prioritize methamphetamine prevention
and education;
``(ii) have past experience in community
coalition building and be part of an existing
coalition that includes medical and public
health officials, educators, youth-serving
community organizations, and members of law
enforcement;
``(iii) utilize professional prevention
staff to develop research and science based
prevention strategies for the community to be
served;
``(iv) demonstrate the ability to operate a
community-based methamphetamine prevention and
education program;
``(v) establish prevalence of use through a
community needs assessment;
``(vi) establish goals and objectives based
on a needs assessment; and
``(vii) demonstrate measurable outcomes on
a yearly basis.'';
(2) in subsection (e)--
(A) by striking ``subsection (a), $10,000,000'' and
inserting ``subsection (a)--
``(1) $10,000,000'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) $5,000,000 for each of fiscal years 2002 through 2006
to carry out the programs referred to in subsection
(c)(1)(H).''; and
(3) by adding at the end the following:
``(f) Set-Aside.--Of the amount made available for grants under
this section, 10 percent shall be used to assist tribal governments.
``(g) Amount of Grants.--The amount of a grant under this section,
with respect to each rural community involved, shall be at least
$19,000 but not greater than $100,000.''.
SEC. 203. METHAMPHETAMINE CLEANUP.
(a) In General.--The Attorney General shall, through the Department
of Justice or through grants to States or units of local government and
tribal governments located outside a Standard Metropolitan Statistical
Area, in accordance with such regulations as the Attorney General may
prescribe, provide for--
(1) the cleanup of methamphetamine laboratories and related
hazardous waste in units of local government and tribal
governments located outside a Standard Metropolitan Statistical
Area; and
(2) the improvement of contract-related response time for
cleanup of methamphetamine laboratories and related hazardous
waste in units of local government and tribal governments
located outside a Standard Metropolitan Statistical Area by
providing additional contract personnel, equipment, and
facilities.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$20,000,000 for fiscal year 2002 to carry out this section.
(2) Funding additional.--Amounts authorized by this section
are in addition to amounts otherwise authorized by law.
(3) Set-aside.--Of the amount made available for grants
under this section, 10 percent shall be awarded to tribal
governments.
TITLE III--LAW ENFORCEMENT TRAINING.
SEC. 301. SMALL TOWN AND RURAL TRAINING PROGRAM.
(a) In General.--There is established a Rural Policing Institute,
which shall be administered by the National Center for State and Local
Law Enforcement Training of the Federal Law Enforcement Training Center
(FLETC) as part of the Small Town and Rural Training (STAR) Program
to--
(1) assess the needs of law enforcement in units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area;
(2) develop and deliver export training programs regarding
topics such as drug enforcement, airborne counterdrug
operations, domestic violence, hate and bias crimes, computer
crimes, law enforcement critical incident planning related to
school shootings, and other topics identified in the training
needs assessment to law enforcement officers in units of local
government and tribal governments located outside a Standard
Metropolitan Statistical Area; and
(3) conduct outreach efforts to ensure that training
programs under the Rural Policing Institute reach law
enforcement officers in units of local government and tribal
governments located outside a Standard Metropolitan Statistical
Area.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$10,000,000 for fiscal year 2002, and $5,000,000 for each of
fiscal years 2003 through 2006 to carry out this section,
including contracts, staff, and equipment.
(2) Set-aside.--Of the amount made available for grants
under this section for each fiscal year, 10 percent shall be
awarded to tribal governments. | Rural Safety Act of 2001 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize the Attorney General to make grants to rural local and tribal governments for the retention for one additional year of police officers funded through the cops on the beat (or COPS) Program; and (2) authorize the use of COPS grants on a matching funds basis to assist the police departments of such units in improving police communications, and in developing and improving access to crime-solving technologies.Directs the Office of Justice Programs of the Department of Justice to make grants to such units to: (1) establish or improve 911 service in those communities; and (2) establish restorative justice programs for juveniles, such as victim/offender mediation and family and community conferences.Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Center for Substance Abuse Treatment, to make grants to establish in rural areas substance abuse (particularly methamphetamine) prevention and treatment pilot programs and methamphetamine prevention education programs.Directs the Attorney General to provide for the cleanup of methamphetamine laboratories and related hazardous waste, and for the improvement of contract-related response time for cleanup of methamphetamine laboratories and related hazardous waste by providing additional contract personnel, equipment, and facilities, in rural areas.Establishes a Rural Policing Institute as part of the Small Town and Rural Training Program.. | {"src": "billsum_train", "title": "A bill to promote rural safety and improve rural law enforcement."} | 3,418 | 315 | 0.557424 | 1.69291 | 0.744405 | 3.764706 | 11.430147 | 0.948529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Budget Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Department of Defense's increasingly large budget
provides for total defense spending that is greater than that
of the other 192 countries in the world combined, yet--
(A) the United States now ranks 42nd in the world
in infant mortality, behind most of the nations of
Western Europe and the industrialized Far East, while
$60,000,000,000 of the United States defense budget is
expended annually on weapons designed to thwart Soviet
Union aggression during the Cold War and other wasteful
programs;
(B) Federal spending on elementary and secondary
education has fallen to less than 8 percent of the
proposed 2008 outlays for the Department of Defense,
while schools throughout the Nation are eliminating
programs in music, foreign language, and physical
education;
(C) 46,000,000 individuals in the United States
lack health insurance during some period of any given
year, and half that number of individuals (over
9,000,000 of whom are children) lack such insurance for
the entire year;
(D) the Government Accountability Office estimates
that--
(i) \1/3\ of the Nation's public schools,
serving 14,000,000 children, need extensive
repair or need to have their entire physical
plants replaced;
(ii) 85 percent of the Nation's public
schools, 73,000 facilities serving 40,000,000
children, need some repair work; and
(iii) the total cost for the repairs and
replacement described in this subparagraph is
over $120,000,000,000;
(E) research conducted by the National Center for
Education Statistics shows that middle school students
in the United States rank 9th in science test scores
and 15th in math test scores internationally, behind
students in such countries as the Republic of Korea,
the Slovak Republic, Singapore, the Russian Federation,
and Malaysia; and
(F) the Government Accountability Office estimated
in 2003 that the Department of Defense could not
account for over $1,000,000,000,000 in funds
appropriated to the Department of Defense.
(2) The United States spends over $20,000,000,000 annually
to maintain its nuclear arsenal, although many of the weapons
in that arsenal no longer have practical utility. The United
States needs to eliminate spending on obsolete weapons systems
and use the funds saved to meet urgent domestic needs for
health care, education, job training, and increased energy
efficiency and conservation.
(3) The Department of Defense is spending billions of
dollars developing space weapons and preparing plans to deploy
them, although--
(A) those expenditures and plans contravene White
House policy, in place for a decade, that emphasizes
arms control and nonproliferation pacts; and
(B) the development of those weapons is opposed by
many United States allies, who have rightly stated that
a shift in policy towards that development will create
an arms race in space.
(4) The United States needs to reduce its dependence on
foreign oil by promoting long-term energy security through
greater investment in sustainable and renewable energy
alternatives.
(5) The United States is facing unprecedented challenges to
national security and broader national interests. Sustainable
development and humanitarian assistance programs should be a
central part of United States foreign policy. To address the
root causes of instability and terrorism and undercut the
ability of terrorist organizations to recruit effectively, the
United States needs to address the global challenges of
poverty, illiteracy, unemployment, disease, and disaster by
increasing funding for sustainable development and humanitarian
assistance programs.
SEC. 3. REDUCTIONS IN AMOUNTS AVAILABLE FOR DEFENSE AND ENERGY
PROGRAMS.
(a) Reductions in Amounts Available for Programs.--
(1) Department of defense programs.--Notwithstanding any
other provision of law, the amounts appropriated or otherwise
available for fiscal year 2008 for the Department of Defense
shall be reduced by $47,000,000,000.
(2) Department of energy national security programs.--
Notwithstanding any other provision of law, the amounts
appropriated or otherwise available for fiscal year 2008 for
the Department of Energy shall be reduced by $13,000,000,000.
(b) Domestic Programs.--From amounts made available under
subsection (a)--
(1) $10,000,000,000 shall be made available to carry out
the modernization of school facilities under section 8007(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7707(b));
(2) $9,000,000,000 shall be made available to carry out
State child health plans under title XXI of the Social Security
Act (42 U.S.C. 1397aa et seq.);
(3) $5,000,000,000 shall be made available to carry out
employment and training activities under chapter 5 of subtitle
B of title I of the Workforce Investment Act of 1998 (29 U.S.C.
2861 et seq.) and the Department of Labor shall determine the
fair apportionment of these funds on a per capita job loss
basis;
(4) $10,000,000,000 shall be made available to the
Secretary of Energy for such programs as that Secretary may
specify to increase energy efficiency and conservation and
increase investment in sustainable and renewable energy
alternatives;
(5) $13,000,000,000 shall be made available to the
Secretary of State for such sustainable development and
humanitarian assistance programs as that Secretary may specify
to alleviate the global challenges of poverty, illiteracy,
unemployment, disease, and disaster;
(6) $5,000,000,000 shall be available to the Secretary of
Homeland Security to improve safeguards pursuant to the
Homeland Security Act of 2002;
(7) $5,000,000,000 shall be made available to reduce the
deficit; and
(8) $3,000,000,000 shall be made available for Veterans'
health care.
SEC. 4. EFFECTIVE DATE.
This Act takes effect 90 days after the date of enactment of this
Act. | Common Sense Budget Act of 2007 - Requires certain reductions in amounts appropriated for FY2008 for specified Department of Defense (DOD) and Department of Energy (DOE) programs. Makes amounts from such reductions available for: (1) modernization of school facilities; (2) the State Children's Health Insurance Program (SCHIP) under title XXI of the Social Security Act; (3) adult and dislocated worker employment and training activities; (4) programs to increase energy efficiency and conservation and increase investment in sustainable and renewable energy alternatives; (5) sustainable development and humanitarian assistance programs to alleviate global poverty, illiteracy, unemployment, disease, and disaster; (6) homeland security safeguard improvements; (7) deficit reduction; and (8) veterans health care. | {"src": "billsum_train", "title": "To reallocate funds toward sensible priorities such as improved children's education, increased children's access to health care, expanded job training, and increased energy efficiency and conservation through a reduction of wasteful defense spending, and for other purposes."} | 1,215 | 161 | 0.384386 | 1.205482 | 0.739187 | 3.452055 | 8.068493 | 0.890411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pre-Claims Undermine Seniors' Health
Act of 2016'' or the ``PUSH Act of 2016''.
SEC. 2. DELAY IN THE MEDICARE DEMONSTRATION FOR PRE-CLAIM REVIEW OF
HOME HEALTH SERVICES.
(a) In General.--In the case of the demonstration for pre-claim
review for home health services furnished under title XVIII of the
Social Security Act for operation in 5 States under section
402(a)(1)(J) of the Social Security Amendments of 1967 (42 U.S.C.
1395b-1(a)(1)(J)), as announced in the Federal Register on June 10,
2016 (81 Fed. Reg. 37598)--
(1) in the case of any of such 5 States in which the
demonstration began operation before the date of the enactment
of this section, the Secretary of Health and Human Services
shall suspend the operation of the demonstration in such State
so it does not apply to episodes of care beginning earlier than
the later of--
(A) 1 year after such date of enactment; or
(B) 6 months after the date that the Congress
receives the report submitted under subsection (b);
(2) in the case of any of such 5 States not described in
paragraph (1), the Secretary shall delay any operation of the
demonstration in each State so it does not apply to episodes of
care beginning earlier than the later of--
(A) 1 year after the earliest date that such
demonstration was scheduled to begin operation in the
State as so announced; or
(B) 6 months after the date the Congress receives
such report; and
(3) in the case of a State not described in paragraph (1)
or (2), the Secretary shall not begin operation of such a
demonstration in the State until at least the later of--
(A) 1 year after such date of enactment; or
(B) 6 months after the date that the Congress
receives such report.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to Congress on
Medicare pre-claim review of home health services. The report shall
include at least the following:
(1) A comprehensive analysis and description of the impact
of Medicare pre-claim review of home health services in any
State in which it had been implemented before the date of the
enactment of this Act, including its impact on Medicare
beneficiaries, home health agencies, physicians, and Medicare
administrative costs and the data described in paragraph (5).
(2) A detailed description of the resources used by home
health agencies, physicians, and the Department of Health and
Human Services and its contractors in conducting such pre-claim
review.
(3) A description of alternative measures that can be taken
to identify the nature of improper payments in Medicare home
health services, the root cause for such improper payments, and
possible corrective actions (other than the use of pre-claim
review) that can be taken.
(4) Detailed data on the claims subject to, and the result
of, Medicare pre-claim review conducted before the date of the
enactment of this Act, including the following:
(A) The number of pre-claim submissions and
resubmissions.
(B) The percentage of responses to such submissions
and resubmissions that--
(i) fully approve (or affirm) such
services;
(ii) fully disapprove (or non-affirm) such
services; or
(iii) do not fully approve (or affirm), or
fully disapprove (or non-affirm), such
services.
(C) Changes in utilization of and spending on
Medicare-covered home health services, inpatient
hospital care, and skilled nursing facility services.
(D) The number of home health agencies in States
where such pre-claim review occurred.
(E) The average dollar amount per claim and
aggregate amount involved in such reviews, based on the
types of responses described in subparagraph (B).
(F) The 50 diagnosis codes that were most
frequently subject to review.
(G) The proportion of cases subject to review that
were post-acute care.
(H) The impact of the review on patient access to
home health services.
(I) The impact of the review on the continuity of
care, including the proportion of cases that result in
a disruption or delay in patient care. | Pre-Claims Undermine Seniors' Health Act of 2016 or the PUSH Act of 2016 This bill delays the Medicare demonstration for pre-claim review of home health services and requires the Centers for Medicare & Medicaid Services (CMS) to report on such pre-claim review. Specifically, CMS shall delay or suspend the demonstration by the later of: (1) one year after either the bill's enactment or the demonstration's scheduled start-date, as applicable; or (2) six months after CMS submits its report. | {"src": "billsum_train", "title": "PUSH Act of 2016"} | 941 | 138 | 0.596375 | 1.665021 | 0.641026 | 2.316832 | 9.158416 | 0.772277 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Rail Justice Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds as follows:
(1) During World War II, more than 75,000 Jews and
thousands of other persons were deported from France to Nazi
concentration camps, on trains operated for profit by the
Societe Nationale des Chemins de fer Francais (in this Act
referred to as ``SNCF''), including deportations to Auschwitz
and Buchenwald. Numerous citizens and residents of the United
States were among those who were on the trains or had relatives
on the trains. United States servicemen who were pilots shot
down over France were also among the persons deported on the
SNCF trains to Nazi concentration camps.
(2) United States citizens and others have sought redress
against SNCF by filing a class action suit in the United States
District Court for the Eastern District of New York. The named
plaintiffs and class members include United States Army Air
Force pilots and United States citizens.
(3) The complaint filed alleges that SNCF, a separate
corporate entity that remained independent during World War II,
operated the deportation trains for a profit, as ordinary
commercial transactions. SNCF remained under French civilian
control throughout World War II and is alleged to have
collaborated willingly with the German Nazi regime.
(4) The complaint alleges that SNCF provided the necessary
rolling stock, scheduled the departures, and supplied the
employees to operate the trains bound for the concentration
camps. SNCF allegedly charged an ordinary passenger coach fare
for the deportations, calculated per person and per kilometer,
and considered these trains as ordinary commercial activities.
The plaintiffs further contend that SNCF herded as many people
as possible into each car, requiring passengers of all ages and
sexes, including the elderly and young children, to stand
throughout the trip of several days' duration, with no
provision for food or water and no sanitary facilities. The
complaint further alleges that SNCF cleaned the trains after
each trip, removing the corpses of persons who perished during
transit due to the execrable conditions of the train cars. The
destination was in each case a camp in which the deportees were
to be exterminated, worked to death, or made to suffer terrible
and inhuman conditions.
(5) The complaint contends that SNCF's actions violated the
Principles of the Nuremberg Tribunal, 1950, relating to crimes
under international law (earlier recognized by the Martens
Clause of the Hague Convention IV of 1907), and aided and
abetted the commission of war crimes and crimes against
humanity. SNCF has not denied its actions and has never
disgorged the money that it was paid for the deportations or
otherwise compensated the deportees or their heirs.
(6) SNCF's records concerning the deportation trains have
not been made available to the plaintiffs, and SNCF archives
concerning its wartime activities are not accessible to the
general public.
(7) SNCF moved to dismiss the lawsuit on a claim of
sovereign immunity under the foreign sovereign immunities
provisions of title 28, United States Code (28 U.S.C. 1330 and
1602 et seq.), even though it is one of the 500 largest
corporations in the world, earns hundreds of millions of
dollars from its commercial activities in the United States,
and is not accorded sovereign immunity under the laws of
France. SNCF's motion to dismiss the lawsuit was granted by the
United States District Court for the Eastern District of New
York. Plaintiffs appealed the decision, their appeal was
granted, and the case was remanded for further proceedings.
Subsequently, in light of Republic of Austria v. Altmann, 541
U.S. 677 (2004), in November 2004, on remand, the Court of
Appeals for the Second Circuit recalled its prior mandate and
determined that SNCF was entitled to immunity and affirmed the
dismissal of the complaint. The Second Circuit stated that
``the railroad's conduct at the time lives on in infamy'' but
concluded that ``the evil actions of the French national
railroad's former private masters in knowingly transporting
thousands to death camps during World War II are not
susceptible to legal redress in Federal court today.''.
(8) This lawsuit, which arises from the unique historical
facts of the deportation of persons to Nazi concentration
camps, presents issues of substantial importance to citizens
and veterans of the United States. Many of those who have
sought redress against SNCF are elderly and would have
difficulty traveling outside the United States in order to
pursue their claims elsewhere. The courts of the United States
are and should be a proper forum for this lawsuit. The Foreign
Sovereign Immunities Act of 1976, which had not been enacted at
the time of SNCF's actions during World War II, was not
intended to bar suit against the SNCF.
SEC. 3. ACCESS TO UNITED STATES COURTS FOR HOLOCAUST DEPORTEES.
(a) Jurisdiction of District Courts.--The United States district
courts shall have original jurisdiction, without regard to the amount
in controversy, of any civil action for damages for personal injury or
death that--
(1) arose from the deportation of persons to Nazi
concentration camps during the period beginning on January 1,
1942, and ending on December 31, 1944; and
(2) is brought by any such person, or any heir or survivor
of such person, against a railroad that--
(A) owned or operated the trains on which the
persons were so deported; and
(B) was organized as a separate legal entity at the
time of the deportation, whether or not any of the
equity interest in the railroad was owned by a foreign
state.
(b) Other Laws Not Applicable.--Sections 1330 and 1601 through 1611
of title 28, United States Code, or any other law limiting the
jurisdiction of the United States courts, whether by statute or under
common law, shall not preclude any action under subsection (a).
(c) Inapplicability of Statutes of Limitation.--An action described
in subsection (a) shall not be barred by a defense that the time for
bringing such action has expired under a statute of limitations.
(d) Applicability.--This section shall apply to any action pending
on January 1, 2002, and to any action commenced on or after that date.
SEC. 4. REPORTING.
In furtherance of international education relating to the Holocaust
and historic and continuing anti-Semitism in Europe and throughout the
world, the Secretary of State shall submit to the Congress a one-time
report, outlining the status of access to wartime records and archives
concerning the wartime activities of any railroad organized as a
separate legal entity that engaged in the deportation of persons to
Nazi concentration camps during the period beginning on January 1,
1942, and ending on December 31, 1944. | Holocaust Rail Justice Act - Grants U.S. district courts original jurisdiction over any civil action for damages for personal injury or death that: (1) arose from the deportation of persons to Nazi concentration camps between January 1, 1942, and December 31, 1944, and (2) is brought by or on behalf of such person against a railroad that owned or operated the trains on which the persons were deported and that was organized as a separate legal entity. Declares that: (1) no law limiting the jurisdiction of the U.S. courts shall preclude any such action, and (2) no such action shall be barred because a statute of limitations has expired. Makes this Act applicable to any action pending on or commenced after January 1, 2002. Directs the Secretary of State to report to Congress on the status of access to wartime records and archives concerning the wartime activities of any such railroad that engaged in the deportation of such persons to Nazi concentration camps. | {"src": "billsum_train", "title": "A bill to ensure that the courts of the United States may provide an impartial forum for claims brought by United States citizens and others against any railroad organized as a separate legal entity, arising from the deportation of United States citizens and others to Nazi concentration camps on trains owned or operated by such railroad, and by the heirs and survivors of such persons."} | 1,554 | 202 | 0.479707 | 1.603059 | 0.596522 | 4.191257 | 7.557377 | 0.956284 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Frills Prison Act''.
SEC. 2. ELIMINATION OF LUXURIOUS PRISON CONDITIONS.
(a) States.--Section 20102(a) of the Violent Crime Control and Law
Enforcement Act of 1994 is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by redesignating existing paragraph (2) as subparagraph
(B);
(3) by redesignating existing subparagraphs (A) through (D)
as clauses (i) through (iv) respectively;
(4) by redesignating existing clauses (i) and (ii) as
subclauses (I) and (II);
(5) by striking the period at the end and inserting ``;
and''; and
(6) by adding at the end the following:
``(2) provides living conditions and opportunities to
prisoners within its prisons that are not more luxurious than
those conditions and opportunities the average prisoner would
have experienced if such prisoner were not incarcerated, and
does not provide to any such prisoner--
``(A)(i) earned good time credits;
``(ii) less than 40 hours a week of work that
either offsets or reduces the expenses of keeping the
prisoner or provides resources toward restitution of
victims;
``(iii) unmonitored phone calls, except when
between the prisoner and the prisoner's immediate
family or legal counsel;
``(iv) in-cell television viewing;
``(v) the viewing of R, X, or NC-17 rated movies,
through whatever medium presented;
``(vi) possession of any pornographic materials;
``(vii) any instruction (live or through
broadcasts) or training equipment for boxing,
wrestling, judo, karate, or other martial art, or any
bodybuilding or weightlifting equipment of any sort;
``(viii) except for use during required work, the
use or possession of any electric or electronic musical
instrument, or practice on any musical instrument for
more than one hour a day;
``(ix) use of personally owned computers or modems;
``(x) possession of in-cell coffee pots, hot
plates, or heating elements;
``(xi) any living or work quarters into which the
outside view is obstructed;
``(xii) food exceeding in quality or quantity that
which is available to enlisted personnel in the United
States Army;
``(xiii) dress or hygiene, grooming and appearance
other than those allowed as uniform or standard in the
prison; or
``(xiv) equipment or facilities at public expense
for publishing or broadcasting content not previously
approved by prison officials as consistent with prison
order and prisoner discipline; and
``(B) in the case of a prisoner who is serving a
sentence for a crime of violence which resulted in
serious bodily injury to another--
``(i) housing other than in separate cell
blocks intended for violent prisoners and
designed to emphasis punishment rather than
rehabilitation;
``(ii) less than 9 hours a day of physical
labor, with confinement to cell for any
refusing to engage in that labor, but a
prisoner not physically able to do physical
labor may be assigned to alternate labor;
``(iii) any temporary furlough, leave,
excursion, or other release from the prison for
any purpose, unless the prisoner remains at all
times under physical or mechanical restraints,
such as handcuffs, and under the constant
escort and immediate supervision of at least
one armed correctional officer;
``(iv) any viewing of television;
``(v) any inter-prison travel for
competitive sports, whether as a participant or
spectator;
``(vi) more than one hour a day spent in
sports or exercise; or
``(vii) possession of personal property
exceeding 75 pounds in total weight or that
cannot be stowed in a standard size United
States military issue duffel bag.''.
(b) Federal.--
(1) Generally.--The Attorney General shall by rule
establish conditions in the Federal prison system that, as
nearly as may be, are the same as those conditions required in
State prisons under section 20102(a) of the Violent Crime
Control and Law Enforcement Act of 1994 as amended by this
section.
(2) Conforming amendment.--Section 3624 of title 18, United
States Code, is amended by striking subsection (b). | No Frills Prison Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for truth in sentencing incentive grants, to demonstrate that it: (1) provides living conditions and opportunities within its prisons that are not more luxurious than those that the average prisoner would have experienced if not incarcerated; (2) does not provide to any such prisoner specified benefits or privileges, including earned good time credits, less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims, unmonitored phone calls (with exceptions), in-cell television viewing, possession of pornographic materials, instruction or training equipment for any martial art or bodybuilding or weightlifting equipment, or dress or hygiene other than as is uniform or standard in the prison; and (3) in the case of a prisoner serving a sentence for a crime of violence which resulted in serious bodily injury to another, does not provide housing other than in separate cell blocks intended for violent prisoners, less than nine hours a day of physical labor (with exceptions), any release from the prison for any purpose unless under physical or mechanical restraint, any viewing of television, any inter-prison travel for competitive sports, more than one hour a day spent in sports or exercise, or possession of personal property exceeding 75 pounds in total weight or that cannot be stowed in a standard size U.S. military issue duffel bag.
Directs the Attorney General to establish similar conditions in the Federal prison system. | {"src": "billsum_train", "title": "No Frills Prison Act"} | 1,013 | 347 | 0.627989 | 2.096968 | 0.852053 | 4.295681 | 3.129568 | 0.92691 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Flight Commemorative Coin Act
of 1997''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $10 gold coins.--Not more than 500,000 $10 coins, each
of which shall--
(A) weigh 16.718 grams;
(B) have a diameter of 1.06 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 3,000,000 $1 coins,
each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Not more than 10,000,000 half
dollar coins each of which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Reduced Amounts.--If the Secretary determines that there is
clear evidence of insufficient public demand for coins minted under
this Act, the Secretary of the Treasury may reduce the maximum amounts
specified in paragraphs (1), (2), and (3) of subsection (a).
(c) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain gold and silver for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law, including authority relating to the use of silver
stockpiles established under the Strategic and Critical Materials
Stockpiling Act, as applicable.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the first flight of Orville and
Wilbur Wright in Kitty Hawk, North Carolina, on December 17,
1903.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2003''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Board of Directors of the First Flight Foundation and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. PERIOD FOR ISSUANCE OF COINS.
(a) In General.--Except as provided in subsection (b), the
Secretary may issue coins minted under this Act only during the period
beginning on August 1, 2003, and ending on July 31, 2004.
(b) Exception.--If the Secretary determines that there is
sufficient public demand for the coins minted under section 2(a)(3),
the Secretary may extend the period of issuance under subsection (a)
for a period of 5 years with respect to those coins.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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.
(d) Surcharges.--All sales shall include a surcharge of--
(1) $35 per coin for the $10 coin;
(2) $10 per coin for the $1 coin; and
(3) $1 per coin for the half dollar coin.
(e) Marketing Expenses.--The Secretary shall ensure that--
(1) a plan is established for marketing the coins minted
under this Act; and
(2) adequate funds are made available to cover the costs of
carrying out that marketing plan.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the First Flight Foundation for the purposes of--
(1) repairing, refurbishing, and maintaining the Wright
Brothers Monument on the Outer Banks of North Carolina; and
(2) expanding (or, if necessary, replacing) and maintaining
the visitor center and other facilities at the Wright Brothers
National Memorial Park on the Outer Banks of North Carolina,
including providing educational programs and exhibits for
visitors.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the First Flight Foundation as may be related to the
expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that minting and issuing coins under this Act will not result in any
net cost to the United States Government.
SEC. 10. WAIVER OF COIN PROGRAM RESTRICTIONS.
The provisions of section 5112(m) of title 31, United States Code,
do not apply to the coins minted and issued under this Act. | First Flight Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina.
Instructs the Secretary to ensure: (1) establishment of a coin marketing plan; and (2) availability of adequate funds to cover the costs of implementing such plan. | {"src": "billsum_train", "title": "First Flight Commemorative Coin Act of 1997"} | 1,474 | 103 | 0.560025 | 1.501015 | 0.615073 | 3.163043 | 14.51087 | 0.858696 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marriage Penalty Relief Act''.
SEC. 2. COMBINED RETURN TO WHICH UNMARRIED RATES APPLY.
(a) In General.--Subpart B of part II of subchapter A of chapter 61
of the Internal Revenue Code of 1986 (relating to income tax returns)
is amended by inserting after section 6013 the following new section:
``SEC. 6013A. COMBINED RETURN WITH SEPARATE RATES.
``(a) General Rule.--A husband and wife may make a combined return
of income taxes under subtitle A under which--
``(1) a separate taxable income is determined for each
spouse by applying the rules provided in this section, and
``(2) the tax imposed by section 1 is the aggregate amount
resulting from applying the separate rates set forth in section
1(c) to each such taxable income.
``(b) Treatment of Income.--For purposes of this section--
``(1) earned income (within the meaning of section 911(d)),
and any income received as a pension or annuity which arises
from an employer-employee relationship, shall be treated as the
income of the spouse who rendered the services,
``(2) income from property shall be divided between the
spouses in accordance with their respective ownership rights in
such property (equally in the case of property held jointly by
the spouses), and
``(3) any exclusion from income shall be allowable to the
spouse with respect to whom the income would be otherwise
includible.
``(c) Treatment of Deductions.--For purposes of this section--
``(1) except as otherwise provided in this subsection, the
deductions described in section 62(a) shall be allowed to the
spouse treated as having the income to which such deductions
relate,
``(2) the deductions allowable by section 151(b) (relating
to personal exemptions for taxpayer and spouse) shall be
determined by allocating 1 personal exemption to each spouse,
``(3) section 63 shall be applied as if such spouses were
not married, except that the election whether or not to itemize
deductions shall be made jointly by both spouses and apply to
each, and
``(4) each spouse's share of all other deductions shall be
determined by multiplying the aggregate amount thereof by the
fraction--
``(A) the numerator of which is such spouse's gross
income, and
``(B) the denominator of which is the combined
gross incomes of the 2 spouses.
Any fraction determined under paragraph (4) shall be rounded to the
nearest percentage point.
``(d) Treatment of Credits.--For purposes of this section--
``(1) In general.--Except as provided in paragraph (2),
each spouse's share of credits allowed to both spouses shall be
determined by multiplying the aggregate amount of the credits
by the fraction determined under subsection (c)(4).
``(2) Earned income credit.--The earned income credit under
section 32 shall be determined as if each spouse were a
separate taxpayer, except that--
``(A) the earned income and the modified adjusted
gross income of each spouse shall be determined under
the rules of subsections (b), (c), and (e), and
``(B) qualifying children shall be allocated
between spouses proportionate to the earned income of
each spouse (rounded to the nearest whole number).
``(e) Special Rules Regarding Income Limitations.--
``(1) Exclusions and deductions.--For purposes of making a
determination under subsection (b) or (c), any eligibility
limitation with respect to each spouse shall be determined by
taking into account the limitation applicable to a single
individual.
``(2) Credits.--For purposes of making a determination
under subsection (d)(1), in no event shall an eligibility
limitation for any credit allowable to both spouses be less
than twice such limitation applicable to a single individual.
``(f) Special Rules for Alternative Minimum Tax.--If a husband and
wife elect the application of this section--
``(1) the tax imposed by section 55 shall be computed
separately for each spouse, and
``(2) for purposes of applying section 55--
``(A) the rules under this section for allocating
items of income, deduction, and credit shall apply, and
``(B) the exemption amount for each spouse shall be
the amount determined under section 55(d)(1)(B).
``(g) Treatment as Joint Return.--Except as otherwise provided in
this section or in the regulations prescribed hereunder, for purposes
of this title (other than sections 1 and 63(c)) a combined return under
this section shall be treated as a joint return.
``(h) Phase-In of Benefit.--
``(1) In general.--In the case of any taxable year
beginning before January 1, 2004, the tax imposed by section 1
or 55 shall in no event be less than the sum of--
``(A) the tax determined after the application of
this section, plus
``(B) the applicable percentage of the excess of--
``(i) the tax determined without the
application of this section, over
``(ii) the amount determined under
subparagraph (A).
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage shall be determined in
accordance with the following table:
The applicable
``For taxable years beginning in: percentage is:
2002.......................................... 50
2003.......................................... 10.
``(i) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out this section.''.
(b) Unmarried Rate Made Applicable.--So much of subsection (c) of
section 1 of the Internal Revenue Code of 1986 as precedes the table is
amended to read as follows:
``(c) Separate or Unmarried Return Rate.--There is hereby imposed
on the taxable income of every individual (other than a married
individual (as defined in section 7703) filing a return which is not a
combined return under section 6013A, a surviving spouse as defined in
section 2(a), or a head of household as defined in section 2(b)) a tax
determined in accordance with the following table:''.
(c) Penalty for Substantial Understatement of Income From
Property.--Section 6662 of the Internal Revenue Code of 1986 (relating
to imposition of accuracy-related penalty) is amended--
(1) by adding at the end of subsection (b) the following:
``(6) Any substantial understatement of income from
property under section 6013A.'', and
(2) by adding at the end the following new subsection:
``(i) Substantial Understatement of Income From Property Under
Section 6013A.--For purposes of this section, there is a substantial
understatement of income from property under section 6013A if--
``(1) the spouses electing the treatment of such section
for any taxable year transfer property from 1 spouse to the
other spouse in such year,
``(2) such transfer results in reduced tax liability under
such section, and
``(3) the significant purpose of such transfer is the
avoidance or evasion of Federal income tax.''.
(d) Protection of Social Security and Medicare Trust Funds.--
(1) In general.--Nothing in this section shall be construed
to alter or amend the Social Security Act (or any regulation
promulgated under that Act).
(2) Transfers.--
(A) Estimate of secretary.--The Secretary of the
Treasury shall annually estimate the impact that the
enactment of this section has on the income and
balances of the trust funds established under sections
201 and 1817 of the Social Security Act (42 U.S.C. 401
and 1395i).
(B) Transfer of funds.--If, under subparagraph (A),
the Secretary of the Treasury estimates that the
enactment of this section has a negative impact on the
income and balances of such trust funds, the Secretary
shall transfer, not less frequently than quarterly,
from the general revenues of the Federal Government an
amount sufficient so as to ensure that the income and
balances of such trust funds are not reduced as a
result of the enactment of this section.
(e) Clerical Amendment.--The table of sections for subpart B of
part II of subchapter A of chapter 61 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 6013
the following:
``Sec. 6013A. Combined return with
separate rates.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Marriage Penalty Relief Act - Amends the Internal Revenue Code (the Code) to permit a husband and wife to make a combined return of income taxes under which: (1) a separate taxable income is determined for each spouse by applying the rules provided in this Act; and (2) the tax imposed by section 1 (tax rates on individuals) of the Code is the aggregate amount resulting from applying the separate rates set forth in section 1(c) (rates applicable to unmarried individuals) to each such taxable income. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to permit a husband and wife to file a combined return to which separate tax rates apply."} | 1,967 | 114 | 0.632774 | 1.634261 | 0.686272 | 5.25 | 17.84 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Access to Congressional
Research Service Reports Act of 2016''.
SEC. 2. DEFINITIONS.
(a) CRS Product.--In this Act, the term ``CRS product'' means any
final work product of CRS in any format.
(b) CRS Report.--
(1) In general.--In this Act, the term ``CRS Report'' means
any written CRS product, including an update to a previous
written CRS product, consisting of--
(A) a Congressional Research Service Report;
(B) a Congressional Research Service Authorization
of Appropriations Product and Appropriations Product;
or
(C) subject to paragraph (2)(C), any other written
CRS product containing CRS research or CRS analysis
which is available for general congressional access on
the CRS Congressional Intranet.
(2) Exclusions.--The term ``CRS Report'' does not include--
(A) any CRS product that is determined by the CRS
Director to be a custom product or service because it
was prepared in direct response to a request for custom
analysis or research and is not available for general
congressional access on the CRS Congressional Intranet;
(B) any Congressional Research Service Report or
any Congressional Research Service Authorization of
Appropriations Product and Appropriations Product
which, as of the effective date of this Act, is not
available for general congressional access on the CRS
Congressional Intranet; or
(C) a written CRS product that has been made
available by CRS for publication on a public website
maintained by the GPO Director (other than the Website)
or the Library of Congress.
(c) Other Definitions.--In this Act--
(1) the term ``CRS'' means the Congressional Research
Service;
(2) the term ``CRS Congressional Intranet'' means any of
the websites maintained by CRS for the purpose of providing to
Members and employees of Congress access to information from
CRS;
(3) the term ``CRS Director'' means the Director of CRS;
(4) the term ``GPO Director'' means the Director of the
Government Publishing Office;
(5) the term ``Member of Congress'' includes a Delegate or
Resident Commissioner to Congress; and
(6) the term ``Website'' means the website established and
maintained under section 3.
SEC. 3. AVAILABILITY OF CRS REPORTS THROUGH GPO WEBSITE.
(a) Website.--
(1) Establishment and maintenance.--The GPO Director, in
consultation with the CRS Director, shall establish and
maintain a public Website containing CRS Reports and an index
of all CRS Reports contained on the Website, in accordance with
this section.
(2) Format.--On the Website, CRS Reports shall be
searchable, sortable, and downloadable, including downloadable
in bulk.
(3) Free access.--Notwithstanding section 4102 of title 44,
United States Code, the GPO Director may not charge a fee for
access to the Website.
(b) Updates; Disclaimer.--The GPO Director, in consultation with
the CRS Director, shall ensure that the Website--
(1) is updated contemporaneously, automatically, and
electronically to include each new or updated CRS Report
released on or after the effective date of this Act;
(2) shows the status of each CRS Report as new, updated, or
withdrawn; and
(3) displays the following statement in reference to the
CRS Reports included on the Website: ``These documents were
prepared by the Congressional Research Service (CRS). CRS
serves as nonpartisan shared staff to congressional committees
and Members of Congress. It operates solely at the behest of
and under the direction of Congress. Information in a CRS
Report should not be relied upon for purposes other than public
understanding of information that has been provided by CRS to
Members of Congress in connection with CRS's institutional
role. CRS Reports, as a work of the United States Government,
are not subject to copyright protection in the United States.
Any CRS Report may be reproduced and distributed in its
entirety without permission from CRS. However, as a CRS Report
may include copyrighted images or material from a third party,
you may need to obtain the permission of the copyright holder
if you wish to copy or otherwise use copyrighted material.''.
(c) Furnishing of Necessary Information and Technology.--The CRS
Director shall consult with and provide assistance to the GPO Director
to ensure--
(1) that the GPO Director is provided with all of the
information necessary to carry out this Act, including all of
the information described in subparagraphs (A) through (E) of
section 4(a)(1), in such format and manner as the GPO Director
considers appropriate; and
(2) that CRS makes available and implements such technology
as may be necessary to facilitate the contemporaneous,
automatic, and electronic provision of CRS Reports to the GPO
Director as required under this Act.
(d) Nonexclusivity.--The GPO Director may publish other information
on the Website.
(e) Additional Techniques.--The GPO Director and the CRS Director
may use additional techniques to make CRS Reports available to the
public, if such techniques are consistent with this Act and any other
applicable laws.
(f) Additional Information.--The CRS Director is encouraged to make
additional CRS products that are not custom products or services
available to the GPO Director for publication on the Website, and the
GPO Director is encouraged to publish such CRS products on the Website.
(g) Expansion of Contents of Annual Report to Congress To Include
Information on Efforts To Make Additional Products Available on
Website.--Section 203(i) of the Legislative Reorganization Act of 1946
(2 U.S.C. 166(i)) is amended by striking the period at the end and
inserting the following: ``, and shall include in the report a
description of the efforts made by the Director to make additional
Congressional Research Service products that are not custom products or
services available to the Director of the Government Publishing Office
for publication on the website established and maintained under the
Equal Access to Congressional Research Service Reports Act of 2016.''.
SEC. 4. WEBSITE CONTENTS.
(a) Specific Requirements for Reports Posted on Website.--
(1) Responsibilities of gpo director.--With respect to each
CRS Report included on the Website, the GPO Director shall
include--
(A) the name and identification number of the CRS
Report;
(B) an indication as to whether the CRS Report is
new, updated, or withdrawn;
(C) the date of release of the CRS Report;
(D) the division or divisions of CRS that were
responsible for the production of the CRS Report; and
(E) any other information the GPO Director, in
consultation with the CRS Director, considers
appropriate.
(2) Responsibilities of crs director.--With respect to each
CRS Report included on the Website, the CRS Director shall,
prior to transmitting the Report to the GPO Director--
(A) at the discretion of the CRS Director, remove
the name of and any contact information for any
employee of CRS; and
(B) include in the CRS Report the following written
statement: ``This document was prepared by the
Congressional Research Service (CRS). CRS serves as
nonpartisan shared staff to congressional committees
and Members of Congress. It operates solely at the
behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon
for purposes other than public understanding of
information that has been provided by CRS to Members of
Congress in connection with CRS's institutional role.
CRS Reports, as a work of the United States Government,
are not subject to copyright protection in the United
States. Any CRS Report may be reproduced and
distributed in its entirety without permission from
CRS. However, as this CRS Report may include
copyrighted images or material from a third party, you
may need to obtain the permission of the copyright
holder if you wish to copy or otherwise use copyrighted
material.''.
(b) Specific Requirements for Index on Website.--The GPO Director
shall ensure that the index of all CRS Reports published on the Website
is--
(1) comprehensive;
(2) contemporaneously updated;
(3) searchable;
(4) sortable;
(5) maintained in a human-readable format;
(6) maintained in a structured data format;
(7) downloadable; and
(8) inclusive of each item of information described in
subsection (a)(1) with respect to each CRS Report.
SEC. 5. CONFORMING AMENDMENT TO DUTIES OF CRS.
Section 203(d) of the Legislative Reorganization Act of 1946 (2
U.S.C. 166(d)) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) to comply with the requirements of, and provide
information and technological assistance consistent with, the
Equal Access to Congressional Research Service Reports Act of
2016.''.
SEC. 6. RULES OF CONSTRUCTION.
(a) No Effect on Speech or Debate Clause.--Nothing in this Act may
be construed to diminish, qualify, condition, waive, or otherwise
affect the applicability of clause 1 of section 6 of article I of the
Constitution of the United States (commonly known as the ``Speech or
Debate Clause'') or any other privilege available to Congress or
Members, offices, or employees of Congress with respect to any CRS
Report made available online under this Act.
(b) Confidential Communications.--Nothing in this Act may be
construed to waive the requirement that any confidential communication
by CRS to a Member, office, or committee of Congress shall remain under
the custody and control of Congress and may be released only by
Congress and its Houses, Members, offices, and committees, in
accordance with the rules and privileges of each House and the
requirements of this Act.
(c) Dissemination of CRS Products.--Nothing in this Act may be
construed to limit or otherwise affect the ability of a Member, office,
or committee of Congress to disseminate CRS products on a website of
the Member, office, or committee or to otherwise provide CRS products
to the public, including as part of constituent service activities.
SEC. 7. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect 90 days after the
date on which the GPO Director submits the certification described in
subsection (b)(2).
(b) Provision of Information and Technology.--
(1) CRS deadline.--Not later than 90 days after the date of
enactment of this Act, the CRS Director shall provide the GPO
Director with the information and technology necessary for the
GPO Director to begin the initial operation of the Website.
(2) Certification.--Upon provision of the information and
technology described in paragraph (1), the GPO Director shall
submit to Congress a certification that the CRS Director has
provided the information and technology necessary for the GPO
Director to begin the initial operation of the Website. | Equal Access to Congressional Research Service Reports Act of 2016 This bill directs the Government Publishing Office (GPO) to establish and maintain a public website containing Congressional Research Service (CRS) Reports, and an index, that are searchable, sortable, and downloadable (including in bulk), for which no fee may be charged. The CRS Reports on the website shall include CRS Authorization of Appropriations Products, Appropriations Products, and any other written CRS product containing CRS research or analysis available for general congressional access on the CRS Congressional Intranet. The website shall exclude any: custom product or service prepared in direct response to a request for custom analysis or research and not available for general congressional access on the CRS Congressional Intranet; CRS Reports, Authorization of Appropriations Products, or Appropriations Products not so available; or written CRS products that CRS has made available on a public website (besides this website) maintained by the GPO or the Library of Congress. The GPO shall ensure that the website is updated contemporaneously, automatically, and electronically to include each new or updated CRS Report. Before transmitting a CRS Report to the GPO for publication on the website, CRS may remove the name of, and any contact information for, any CRS employee. The Legislative Reorganization Act of 1946 is amended to require CRS to comply with this Act. | {"src": "billsum_train", "title": "Equal Access to Congressional Research Service Reports Act of 2016"} | 2,555 | 314 | 0.791989 | 2.30796 | 0.840434 | 4.075099 | 9.047431 | 0.960474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Television Consumer
Education Act''.
SEC. 2. LABELING AND CONSUMER EDUCATION.
Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Labeling and Consumer Education.--
``(1) Requirements for manufacturers.--Effective 180 days
after the date of enactment of the Digital Television Consumer
Education Act, any manufacturer of any television receiving
equipment described in section 303(s) that does not include a
digital tuner shall--
``(A) place a label on any television screen,
removable by the purchaser, that displays in clear and
conspicuous print, the following consumer advisory
label: `After February 17, 2009, this television will
receive broadcast television signals only by using
additional equipment. For more information, call the
Federal Communications Commission at 1-888-225-5322
(TTY: 1-888-835-5322) or visit the Commission's website
at: www.dtv.gov or www.fcc.gov. Despues del 17 de
Febrero del 2009, este televisor solo podra recibir
senales de emisoras de television unicamente con la
ayuda de equipo adicional. Si requiere mas informacion,
llame a la Comision Federal de Comunicaciones al 1-888-
225-5322 (TTY: 1-888-835-5322) o visite el sitio web de
la Comision en: www.dtv.gov o www.fcc.gov '; and
``(B) place such advisory label permanently and
conspicuously on the outside of the retail packaging of
such television set.
``(2) Requirements for retail distributors and other
vendors.--
``(A) Retail distributors.--Any retail distributor
of any television receiving equipment described in
section 303(s) that does not include a digital tuner
shall--
``(i) effective 180 days after the date of
enactment of the Digital Television Consumer
Education Act, place adjacent to each unit of
such equipment that such distributor displays
for sale or rent a consumer advisory label as
provided by the manufacturer pursuant to
paragraph (1), except that such distributor
shall not be required to affix such label to
the television screen on such equipment, as
long as the label is--
``(I) in the close vicinity of, and
associated with, the unit on display;
and
``(II) clearly visible to
consumers; and
``(ii) effective 90 days after the
enactment of the Digital Television Consumer
Education Act, provide information to
consumers, on signs and in pamphlet form, in
the display area for product categories that
include any television receiving equipment
described in section 303(s) that does not
include a digital tuner television, sufficient
to convey the information carried in the
consumer advisory label. Such signs and
pamphlets shall also include information on
recycling old televisions and other consumer
electronics.
``(B) Other vendors.--Effective 180 days after the
date of enactment of the Digital Television Consumer
Education Act, any seller via direct mail, catalog, or
electronic means, such as the Internet, of any
television receiving equipment described in section
303(s) that does not include a digital tuner, shall
include in clear and conspicuous print the consumer
advisory label required by paragraph (1) at the point
of display for the apparatus, or, if there is no
display, at the point of sale. Such information shall
also include information on recycling old televisions
and other consumer electronics.
``(3) Other devices.--For devices other than television
sets that are included in section 303(s) and that contain an
analog tuner, but not a digital tuner, the Commission shall
require the clear and conspicuous placement of a comparable
consumer advisory label on such devices, as well as on the
outside of the retail packaging of such devices.
``(4) Additional disclosures.--
``(A) Announcements and notices required.--From
November 1, 2007, through March 31, 2009--
``(i) each television broadcaster shall
air, at a minimum, 120 seconds per day of
public service announcements between the hours
of 6 a.m. and 11:35 p.m., at variable time
slots throughout the week, with at least half
aired between the hours of 5 p.m. and 11:35
p.m.; and
``(ii) any multichannel video program
distributor shall include a notice in or with
each periodic bill.
``(B) Content of announcements and notices.--The
announcements and notices required by this paragraph
shall educate consumers about the deadline for
termination of analog television broadcasting and the
equipment options consumers have after such
termination. Announcements aired and notices
distributed after January 1, 2008, shall also educate
consumers about the need for and availability of the
converter box voucher program and the steps to redeem
the voucher.
``(5) Advisory committee.--
``(A) Establishment.--The Commission shall, after
consultation with the National Telecommunications and
Information Administration and the Federal Trade
Commission, create a DTV Transition Federal Advisory
Committee to lead the effort to educate the public
about the digital television transition and to ensure
that the public knows the information described in
paragraph (3)(B). Such consumer education shall
commence no later than September 1, 2007.
``(B) Composition.--The committee shall be composed
of representatives from the following groups:
commercial broadcasters, noncommercial broadcasters,
cable operators, satellite providers, retailers and
manufacturers of consumer electronics equipment,
electronic recyclers, minority groups, Hispanic
Americans, Americans whose primary language is not
English, Americans with disabilities, Americans living
in rural communities, general business, senior
citizens, commercial advertising, and consumers in
general.
``(C) Advisory committee role.--The committee
shall--
``(i) develop a comprehensive education
plan for consumers regarding the digital
television transition which includes--
``(I) specific and targeted
messages to reach various consumer
constituencies (such as low income,
minorities, Spanish-speaking, and the
elderly);
``(II) best methods to deliver the
message to affected consumers;
``(III) implementation of the plan;
``(IV) website information and
toll-free numbers; and
``(V) information on recycling old
televisions and other consumer
electronics;
``(ii) coordinate with stakeholders to
ensure that the transition is properly
implemented; and
``(iii) report to Congress every 6 months
on how the transition is progressing.
``(D) First meeting.--The advisory committee shall
conduct its first meeting within 60 days after the date
of enactment of the Digital Television Consumer
Education Act.
``(6) Commission information services.--The Commission's
toll-free number for consumers information and the Commission's
Internet website shall provide information concerning the
digital television transition, in the English and Spanish
languages, not later than September 1, 2007.''. | Digital Television Consumer Education Act - Amends the Communications Act of 1934 to require manufacturers of television receiving equipment (TVs) that does not include a digital tuner to: (1) place an advisory label on its screen stating that, after February 17, 2009, such TV will receive TV signals only by using additional equipment; and (2) place such label permanently and conspicuously on the outside of the TV packaging. Provides related advisory requirements for retail distributors and other vendors. Requires broadcaster public service announcements about the deadline for termination of analog TV broadcasting and the equipment options for consumers following such termination.
Directs the Federal Communications Commission (FCC) to create a DTV Transition Federal Advisory Committee to educate the public about the digital television transition. Requires such education to commence by September 1, 2007. | {"src": "billsum_train", "title": "To provide American consumers information about the broadcast television transition from an analog to a digital format."} | 1,592 | 172 | 0.539819 | 1.631117 | 0.825094 | 3.091503 | 9.529412 | 0.908497 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Benefits Act of 2011''.
SEC. 2. ASSESSMENT OF CLAIMS-PROCESSING SKILLS PILOT PROGRAM.
(a) Pilot Program.--Commencing not later than 180 days after the
date of the enactment of this Act, in addition to providing employee
certification under section 7732A of title 38, United States Code, the
Secretary of Veterans Affairs shall carry out a pilot program to assess
skills and provide training described under subsection (b).
(b) Biennial Skills Assessment and Individualized Training.--
(1) In general.--The Secretary shall--
(A) biennially assess the skills of appropriate
employees and managers of the Veterans Benefits
Administration who are responsible for processing
claims for compensation and pension benefits under the
laws administered by the Secretary, including by
requiring such employees and managers to take the
examination provided under section 7732A(a)(1) of title
38, United States Code; and
(B) on the basis of the results of such assessment
and examination, and on any relevant regional office
quality review, develop and implement an individualized
training plan related to such skills for each such
employee and manager.
(2) Remediation.--
(A) Remediation provided.--In providing training
under paragraph (1)(B), if any employee or manager
receives a less than satisfactory result on any portion
of an assessment under paragraph (1)(A), the Secretary
shall provide such employee or manager with remediation
of any deficiency in the skills related to such portion
of the assessment and, within a reasonable period
following the remediation, shall require the employee
or manager to take the examination again.
(B) Personnel actions.--In accordance with titles 5
and 38, United States Code, the Secretary shall take
appropriate personnel actions with respect to any
employee or manager who, after being given two
opportunities for remediation under subparagraph (A),
does not receive a satisfactory result on an assessment
under paragraph (1)(A).
(c) Locations and Duration.--The Secretary shall carry out the
pilot program under this section at five regional offices of the
Veterans Benefits Administration during the four-year period beginning
on the date of the commencement of the pilot program.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section a total of $5,000,000 for fiscal
years 2012 through 2016.
(e) Reports.--Not later than November 1 of each year in which the
pilot program under this section is carried out, the Secretary shall
submit to the Committee on Veterans' Affairs of the House of
Representatives and the Committee on Veterans' Affairs of the Senate a
report on any assessments and training conducted under this section
during the previous year. Each such report shall include--
(1) a summary of--
(A) the results of the assessments under subsection
(b)(1)(A);
(B) remediation provided under subsection
(b)(2)(A); and
(C) personnel actions taken under subsection
(b)(2)(B); and
(2) any changes made to the training program under
subsection (b)(1)(B) based on the results of such assessments
and remediation and the examinations provided under section
7732A(a)(1) of title 38, United States Code.
SEC. 3. EXCLUSION OF CERTAIN REIMBURSEMENTS OF EXPENSES FROM
DETERMINATION OF ANNUAL INCOME WITH RESPECT TO PENSIONS
FOR VETERANS AND SURVIVING SPOUSES AND CHILDREN OF
VETERANS.
(a) In General.--Paragraph (5) of section 1503(a) of title 38,
United States Code, is amended to read as follows:
``(5) payments regarding--
``(A) reimbursements of any kind (including
insurance settlement payments) for--
``(i) expenses related to the repayment,
replacement, or repair of equipment, vehicles,
items, money, or property resulting from--
``(I) any accident (as defined in
regulations which the Secretary shall
prescribe), but the amount excluded
under this subclause shall not exceed
the greater of the fair market value or
reasonable replacement value of the
equipment or vehicle involved at the
time immediately preceding the
accident;
``(II) any theft or loss (as
defined in regulations which the
Secretary shall prescribe), but the
amount excluded under this subclause
shall not exceed the greater of the
fair market value or reasonable
replacement value of the item or the
amount of the money (including legal
tender of the United States or of a
foreign country) involved at the time
immediately preceding the theft or
loss; or
``(III) any casualty loss (as
defined in regulations which the
Secretary shall prescribe), but the
amount excluded under this subclause
shall not exceed the greater of the
fair market value or reasonable
replacement value of the property
involved at the time immediately
preceding the casualty loss; and
``(ii) medical expenses resulting from any
accident, theft, loss, or casualty loss (as
defined in regulations which the Secretary
shall prescribe), but the amount excluded under
this clause shall not exceed the costs of
medical care provided to the victim of the
accident, theft, loss, or casualty loss; and
``(B) pain and suffering (including insurance
settlement payments and general damages awarded by a
court) related to an accident, theft, loss, or casualty
loss, but the amount excluded under this subparagraph
shall not exceed an amount determined by the Secretary
on a case-by-case basis;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act.
(c) Extension of Authority to Obtain Certain Information From
Department of Treasury.--Section 5317(g) of title 38, United States
Code, is amended by striking ``2011'' and inserting ``2013''.
SEC. 4. AUTHORIZATION OF USE OF ELECTRONIC COMMUNICATION TO PROVIDE
NOTICE TO CLAIMANTS FOR BENEFITS UNDER LAWS ADMINISTERED
BY THE SECRETARY OF VETERANS AFFAIRS.
(a) In General.--Section 5103 of title 38, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) by striking ``Upon receipt of a complete or
substantially complete application, the'' and inserting
``The'';
(B) by striking ``notify'' and inserting ``provide
to''; and
(C) by inserting ``by the most effective means
available, including electronic communication or
notification in writing'' before ``of any
information''; and
(2) in subsection (b), by adding at the end the following
new paragraphs:
``(4) Nothing in this section shall require the Secretary to
provide notice for a subsequent claim that is filed while a previous
claim is pending if the notice previously provided for such pending
claim--
``(A) provides sufficient notice of the information and
evidence necessary to substantiate such subsequent claim; and
``(B) was sent within one year of the date on which the
subsequent claim was filed.
``(5)(A) This section shall not apply to any claim or issue where
the Secretary may award the maximum benefit in accordance with this
title based on the evidence of record.
``(B) For purposes of this paragraph, the term `maximum benefit'
means the highest evaluation assignable in accordance with the evidence
of record, as long as such evaluation is supported by such evidence of
record at the time the decision is rendered.''.
(b) Construction.--Nothing in the amendments made by subsection (a)
shall be construed as eliminating any requirement with respect to the
contents of a notice under section 5103 of such title that are required
under regulations prescribed pursuant to subsection (a)(2) of such
section as of the date of the enactment of this Act.
SEC. 5. DUTY TO ASSIST CLAIMANTS IN OBTAINING PRIVATE RECORDS.
(a) In General.--Section 5103A(b) of title 38, United States Code,
is amended to read as follows:
``(b) Assistance in Obtaining Private Records.--(1) As part of the
assistance provided under subsection (a), the Secretary shall make
reasonable efforts to obtain relevant private records.
``(2)(A) Whenever the Secretary, after making such reasonable
efforts, is unable to obtain all of the relevant records sought, the
Secretary shall notify the claimant that the Secretary is unable to
obtain records with respect to the claim. Such a notification shall--
``(i) identify the records the Secretary is unable to
obtain;
``(ii) briefly explain the efforts that the Secretary made
to obtain such records; and
``(iii) explain that the Secretary will decide the claim
based on the evidence of record but that this section does not
prohibit the submission of records at a later date if such
submission is otherwise allowed.
``(B) The Secretary shall make not less than two requests to a
custodian of a private record in order for an effort to obtain relevant
private records to be treated as reasonable under this section, unless
it is made evident by the first request that a second request would be
futile in obtaining such records.
``(3)(A) This section shall not apply if the evidence of record
allows for the Secretary to award the maximum benefit in accordance
with this title based on the evidence of record.
``(B) For purposes of this paragraph, the term `maximum benefit'
means the highest evaluation assignable in accordance with the evidence
of record, as long as such evaluation is supported by such evidence of
record at the time the decision is rendered.
``(4) Under regulations prescribed by the Secretary, the
Secretary--
``(A) shall encourage claimants to submit relevant private
medical records of the claimant to the Secretary if such
submission does not burden the claimant; and
``(B) in obtaining relevant private records under paragraph
(1), may require the claimant to authorize the Secretary to
obtain such records if such authorization is required to comply
with Federal, State, or local law.''.
(b) Public Records.--Section 5103A(c) of such title is amended to
read as follows:
``(c) Obtaining Records for Compensation Claims.--(1) In the case
of a claim for disability compensation, the assistance provided by the
Secretary under this section shall include obtaining the following
records if relevant to the claim:
``(A) The claimant's service medical records and, if the
claimant has furnished the Secretary information sufficient to
locate such records, other relevant records pertaining to the
claimant's active military, naval, or air service that are held
or maintained by a governmental entity.
``(B) Records of relevant medical treatment or examination
of the claimant at Department health-care facilities or at the
expense of the Department, if the claimant furnishes
information sufficient to locate those records.
``(C) Any other relevant records held by any Federal
department or agency that the claimant adequately identifies
and authorizes the Secretary to obtain.
``(2) Whenever the Secretary attempts to obtain records from a
Federal department or agency under this subsection, the efforts to
obtain those records shall continue until the records are obtained
unless it is reasonably certain that such records do not exist or that
further efforts to obtain those records would be futile.''.
SEC. 6. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS ADJUDICATED
MENTALLY INCOMPETENT FOR CERTAIN PURPOSES.
(a) In General.--Chapter 55 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 5511. Conditions for treatment of certain persons as adjudicated
mentally incompetent for certain purposes
``In any case arising out of the administration by the Secretary of
laws and benefits under this title, a person who is mentally
incapacitated, deemed mentally incompetent, or experiencing an extended
loss of consciousness shall not be considered adjudicated as a mental
defective under subsection (d)(4) or (g)(4) of section 922 of title 18
without the order or finding of a judge, magistrate, or other judicial
authority of competent jurisdiction that such person is a danger to
himself or herself or others.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title is amended by adding at the end the following
new item:
``5511. Conditions for treatment of certain persons as adjudicated
mentally incompetent for certain
purposes.''.
SEC. 7. REINSTATEMENT OF PENALTIES FOR CHARGING VETERANS UNAUTHORIZED
FEES.
(a) In General.--Section 5905 of title 38, United States Code, is
amended to read as follows:
``Sec. 5905. Penalty for certain acts
``Except as provided in section 5904 or 1984 of this title,
whoever--
``(1) in connection with a proceeding before the
Department, knowingly solicits, contracts for, charges, or
receives any fee or compensation in connection for--
``(A) the provision of advice on how to file a
claim for benefits under the laws administered by the
Secretary; or
``(B) the preparation, presentation, or prosecution
of such a claim before the date on which a notice of
disagreement is filed in a proceeding on the claim,
or attempts to do so;
``(2) unlawfully withholds from any claimant or beneficiary
any part of a benefit or claim under the laws administered by
the Secretary that is allowed and due to the claimant or
beneficiary, or attempts to do so;
``(3) commits an offense punishable by this chapter, or
aids, abets, counsels, commands, or procures the commission of
such an act; or
``(4) causes an act to be done, which if directly performed
would be punishable by this chapter,
shall be fined as provided in title 18, or imprisoned for not more than
one year, or both.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to acts committed after the date of the enactment of
this Act.
SEC. 8. PERFORMANCE AWARDS IN THE SENIOR EXECUTIVE SERVICE.
For each of fiscal years 2012 through 2016, the Secretary of
Veterans Affairs may not pay more than $2,000,000 in performance awards
under section 5384 of title 5, United States Code.
SEC. 9. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives October 11, 2011.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on October 6, 2011. The summary of that version is repeated here.)
Veterans' Benefits Act of 2011 - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) to conduct a four-year pilot program to: (1) biennially assess the skills of appropriate Veterans Benefits Administration employees and managers responsible for processing VA compensation and pension benefit claims; (2) develop and implement individualized training plans related to such skills; (3) provide remediation for deficiently skilled employees or managers receiving a less than satisfactory result on any portion of the assessment; and (4) take appropriate disciplinary actions with respect to individuals failing to receive a satisfactory result after being given two opportunities for such remediation. Authorizes appropriations. Requires the Secretary to report annually during the program period to the congressional veterans committees on such assessment and the training conducted.
(Sec. 3) Excludes from annual income, for purposes of eligibility for pensions for veterans and their surviving spouses and children, reimbursements resulting from: (1) any accident; (2) any theft or loss; (3) any casualty loss; (4) medical expenses resulting from any such accident, theft, or loss; and (5) pain and suffering (including insurance settlement payments and general damages awarded by a court) related to such accident, theft, or loss.
Extends through November 18, 2011, VA authority to obtain veterans' income verification information from the Secretary of the Treasury or the Commissioner of Social Security.
(Sec. 4) Directs the Secretary to notify VA benefits claimants by the most effective means available, including electronic communication or notification in writing, of any information or medical or lay evidence not previously provided to the Secretary that is necessary to substantiate a claim. (Current law does not specify the means of notice.)
(Sec. 5) Requires the Secretary, in assisting claimants in obtaining relevant records in support of a claim, to make at least two requests to a custodian of a private medical record, unless it is made evident by the first request that a second request would be futile. Directs the Secretary to encourage claimants to submit relevant private medical records if such submission does not burden the claimant. Allows the claimant to instead authorize the Secretary to obtain such records. Provides procedures for the obtaining of public records by the Secretary.
(Sec. 6) Prohibits, in any case arising out of the administration of laws and benefits by VA, considering any person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness from being considered adjudicated as a mental defective for purposes of the right to receive or transport firearms without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.
(Sec. 7) Provides criminal penalties against any person who solicits, contracts for, charges, or receives any fee or compensation from a veteran, other than that currently permitted under law, for: (1) advice on how to file a benefits claim; or (2) the preparation, presentation, or prosecution of a claim before the date on which a notice of disagreement is filed in a proceeding on the claim.
(Sec. 8) Prohibits the Secretary from paying more than $2 million in Senior Executive Service performance awards for each of FY2012-FY2016. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve the determination of annual income with respect to pensions for certain veterans, to direct the Secretary of Veterans Affairs to establish a pilot program to assess the skills of certain employees and managers of the Veterans Benefits Administration, and for other purposes."} | 3,403 | 757 | 0.602454 | 2.037191 | 0.72177 | 3.559524 | 4.574405 | 0.910714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Preventive Health Awareness
Campaign''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Well-woman visits are the foundation on which women's
preventive care is built. Such visits include not only specific
screening tests, but also a medical history, physical
examination, evaluation and counseling, and, as indicated,
vaccinations.
(2) Over the past 20 years, it has become clear that ``one
size does not fit all'' when it comes to prevention. Although a
30-year-old woman without risk factors for cervical cancer may
only need a Pap test with HPV co-testing every 5 years, the
same woman would need more frequent screening if she were
infected with HIV or had a history of cervical cancer
precursors.
(3) It is only after taking a medical history and
evaluating and counseling a patient that a physician can make
patient-specific recommendations for screening tests,
vaccinations, preventive medications, and other preventive
services.
(4) Well-woman visits facilitate increased access to health
care that is shown to identify chronic disease risk factors,
promote well-being, and decrease the likelihood or delay the
onset of a targeted disease or condition.
(5) Heart disease, stroke, and other cardiovascular
diseases are the number one cause of death in American women,
claiming over 400,000 lives each year, or nearly one death each
minute.
(6) Women are less likely than men to receive aggressive
diagnosis and treatment for cardiovascular diseases.
(7) Women are more likely than men to have forgone needed
health care due to cost.
(8) Between 2002 and 2010, screening mammography rates
among women in the United States who were 50 years of age to 64
years of age declined from about 79 percent to 73 percent.
(9) In 2009, only 53 percent of 18- to 64-year-olds in the
United States reported having ever received an HIV test.
(10) The proportion of women in the United States 22 years
of age to 30 years of age who reported never having had a Pap
test increased from 6.6 percent in 2000 to 9.0 percent in 2010
despite current recommendations that they receive a Pap test
every three years.
(11) In 2007, 29.3 percent of women in the United States
delivering a live birth did not receive any prenatal care in
the first trimester, even though first trimester prenatal care
is recommended.
(12) Among sexually active females in the United States who
are 16 years of age to 20 years of age, only 52.7 percent of
such females receiving benefits under the Medicaid program and
40.1 percent of such females with health insurance coverage
under commercial health insurance plans were screened for
genital Chlamydia infections during the measurement year, as
reported in 2008. A 2013 analysis published by the Centers for
Disease Control and Prevention found that for Chlamydia cases
diagnosed in 2008 alone, the associated lifetime direct medical
costs amount to $516.7 million.
(13) Almost half (49 percent) of the 6.7 million
pregnancies in the United States each year (3.2 million) are
unintended. Multiple studies have shown that improved access to
birth control significantly improves the health of women and
their families, as it is directly linked to improved maternal
and infant health outcomes. Women that plan their pregnancies
are more likely to access prenatal care, improving their own
health and the health of their children.
(14) Between 2006 and 2010, one-third of all pregnancies
were conceived within 18 months of a previous birth, an
interval that is potentially harmful to the health of the
mother.
(15) Improved access to family planning also saves money.
For every $1.00 invested in family planning, taxpayers save
nearly $4.00 in Medicaid-related expenses.
(16) During the 2011-2012 flu season, 53 percent of
pregnant women did not receive recommended vaccination against
influenza.
SEC. 3. WOMEN'S PREVENTIVE HEALTH AWARENESS CAMPAIGN.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et al.) is amended by adding at the end the following new section:
``SEC. 399V-6. WOMEN'S PREVENTIVE HEALTH AWARENESS CAMPAIGN.
``(a) In General.--The Secretary shall provide for the planning and
implementation of a national public outreach and education campaign to
raise public awareness, including provider awareness, of women's
preventive health. Such campaign shall include the media campaign under
subsection (b) and the website under subsection (c) and shall provide
for the dissemination of information that--
``(1) describes the guidelines for women's preventive
services, including the cervical cancer recommendations updated
in 2012, by the United States Preventive Services Task Force,
by the American College of Obstetricians and Gynecologists
(ACOG), and by the American Cancer Society, the American
Society for Colposcopy and Cervical Pathology, and the American
Society for Clinical Pathology;
``(2) promotes well-woman visits for health assessments
which include screenings, evaluations, counseling,
immunizations, and prenatal visits, as appropriate;
``(3) explains the women's preventive services that are
required under section 2713 to be covered without cost-sharing
by a group health plan or a health insurance issuer offering
group or individual health insurance coverage that is not a
grandfathered plan (as defined in section 1251(e) of the
Patient Protection and Affordable Care Act); and
``(4) addresses health disparities in the area of women's
prevention.
``(b) Media Campaign.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, as part of the campaign under
subsection (a), the Secretary shall establish and implement a
national media campaign.
``(2) Requirement of campaign.--The campaign implemented
under paragraph (1)--
``(A) shall disseminate information about the
updated guidelines for women's preventive services
described in subsection (a)(1), promote well-woman
visits described in subsection (a)(2), and provide
information on the women's preventive services
described in subsection (a)(3); and
``(B) may include the use of television, radio,
Internet, and other commercial marketing venues.
``(c) Website.--As part of the campaign under subsection (a), the
Secretary shall, in consultation with private sector experts or through
contract with a private entity including a medical association or non-
profit organization, maintain and update an Internet website to provide
information and resources about the updated guidelines for women's
preventive services described in subsection (a)(1), promote well-woman
visits, and provide information on the women's preventive services
described in subsection (a)(3).
``(d) Funding.--The Secretary may use, out of any funds otherwise
made available to the Department of Health and Human Services, such
sums as may be necessary to carry out this section.''. | Women's Preventive Health Awareness Campaign - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to: (1) provide for the planning and implementation of a national public outreach and educational campaign to raise public awareness, including provider awarenesss, of women's preventive health; and (2) establish a national media campaign and maintain and update an appropriate Internet website as part of such campaign. | {"src": "billsum_train", "title": "Women's Preventive Health Awareness Campaign"} | 1,538 | 91 | 0.38233 | 1.043294 | 0.598043 | 3.634146 | 17.743902 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Budgeting for Opioid Addiction
Treatment Act''.
SEC. 2. STEWARDSHIP FEE ON OPIOID PAIN RELIEVERS.
(a) In General.--Subchapter E of chapter 32 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 4192. OPIOID PAIN RELIEVERS.
``(a) In General.--There is hereby imposed on the sale of any
active opioid by the manufacturer, producer, or importer a fee equal to
1 cent per milligram so sold.
``(b) Active Opioid.--For purposes of this section--
``(1) In general.--The term `active opioid' means any
controlled substance (as defined in section 102 of the
Controlled Substances Act, as in effect on the date of the
enactment of this section) which is opium, an opiate, or any
derivative thereof.
``(2) Exclusion for certain prescription medications.--Such
term shall not include any prescribed drug which is used
exclusively for the treatment of opioid addiction as part of a
medically assisted treatment effort.
``(3) Exclusion of other ingredients.--In the case of a
product that includes an active opioid and another ingredient,
subsection (a) shall apply only to the portion of such product
that is an active opioid.''.
(b) Clerical Amendments.--
(1) The heading of subchapter E of chapter 32 of the
Internal Revenue Code of 1986 is amended by striking ``Medical
Devices'' and inserting ``Other Medical Products''.
(2) The table of subchapters for chapter 32 of such Code is
amended by striking the item relating to subchapter E and
inserting the following new item:
``subchapter e. other medical products''.
(3) The table of sections for subchapter E of chapter 32 of
such Code is amended by adding at the end the following new
item:
``Sec. 4192. Opioid pain relievers.''.
(c) Effective Date.--The amendments made by this section shall
apply to sales on or after the date that is 1 year after the date of
the enactment of this Act.
(d) Rebate or Discount Program for Certain Cancer and Hospice
Patients.--
(1) In general.--The Secretary of Health and Human
Services, in consultation with patient advocacy groups and
other relevant stakeholders as determined by such Secretary,
shall establish a mechanism by which--
(A) any amount paid by an eligible patient in
connection with the stewardship fee under section 4192
of the Internal Revenue Code of 1986 (as added by this
section) shall be rebated to such patient in as timely
a manner as possible, or
(B) amounts paid by an eligible patient for active
opioids (as defined in section 4192(b) of such Code)
are discounted at time of payment or purchase to ensure
that such patient does not pay any amount attributable
to such fee,
with as little burden on the patient as possible. The Secretary
shall choose whichever of the options described in subparagraph
(A) or (B) is, in the Secretary's determination, most effective
and efficient in ensuring eligible patients face no economic
burden from such fee.
(2) Eligible patient.--For purposes of this section, the
term ``eligible patient'' means--
(A) a patient for whom any active opioid (as so
defined) is prescribed to treat pain relating to cancer
or cancer treatment;
(B) a patient participating in hospice care; and
(C) in the case of the death or incapacity of a
patient described in subparagraph (A) or (B) or any
similar situation as determined by the Secretary of
Health and Human Services, the appropriate family
member, medical proxy, or similar representative or the
estate of such patient.
SEC. 3. BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE.
(a) Grants to States.--Section 1921(b) of the Public Health Service
Act (42 U.S.C. 300x-21(b)) is amended by inserting ``, and, as
applicable, for carrying out section 1923A'' before the period.
(b) Nonapplicability of Prevention Program Provision.--Section
1922(a)(1) of the Public Health Service Act (42 U.S.C. 300x-22(a)(1))
is amended by inserting ``except with respect to amounts made available
as described in section 1923A,'' before ``will expend''.
(c) Opioid Treatment Programs.--Subpart II of part B of title XIX
of the Public Health Service Act (42 U.S.C. 300x-21 et seq.) is amended
by inserting after section 1923 the following:
``SEC. 1923A. ADDITIONAL SUBSTANCE ABUSE TREATMENT PROGRAMS.
``A funding agreement for a grant under section 1921 is that the
State involved shall provide that any amounts made available by any
increase in revenues to the Treasury in the previous fiscal year
resulting from the enactment of section 4192 of the Internal Revenue
Code of 1986, reduced by any amounts rebated or discounted under
section 2(d) of the Budgeting for Opioid Addiction Treatment Act (as
described in section 1933(a)(1)(B)(i)) be used exclusively for
substance abuse (including opioid abuse) treatment efforts in the
State, including--
``(1) treatment programs--
``(A) establishing new addiction treatment
facilities, residential and outpatient, including
covering capital costs;
``(B) establishing sober living facilities;
``(C) recruiting and increasing reimbursement for
certified mental health providers providing substance
abuse treatment in medically underserved communities or
communities with high rates of prescription drug abuse;
``(D) expanding access to long-term, residential
treatment programs for opioid addicts (including 30-,
60-, and 90-day programs);
``(E) establishing or operating support programs
that offer employment services, housing, and other
support services to help recovering addicts transition
back into society;
``(F) establishing or operating housing for
children whose parents are participating in substance
abuse treatment programs, including capital costs;
``(G) establishing or operating facilities to
provide care for babies born with neonatal abstinence
syndrome, including capital costs; and
``(H) other treatment programs, as the Secretary
determines appropriate; and
``(2) recruitment and training of substance use disorder
professionals to work in rural and medically underserved
communities.''.
(d) Additional Funding.--Section 1933(a)(1)(B)(i) of the Public
Health Service Act (42 U.S.C. 300x-33(a)(1)(B)(i)) is amended by
inserting ``, plus any increase in revenues to the Treasury in the
previous fiscal year resulting from the enactment of section 4192 of
the Internal Revenue Code of 1986, reduced by any amounts rebated or
discounted under section 2(d) of the Budgeting for Opioid Addiction
Treatment Act'' before the period.
SEC. 4. REPORT.
Not later than 2 years after the date described in section 2(c),
the Secretary of Health and Human Services shall submit to Congress a
report on the impact of the amendments made by sections 2 and 3 on--
(1) the retail cost of active opioids (as defined in
section 4192 of the Internal Revenue Code of 1986, as added by
section 2);
(2) patient access to such opioids, particularly cancer and
hospice patients, including the effect of the discount or
rebate on such opioids for cancer and hospice patients under
section 2(d);
(3) how the increase in revenue to the Treasury resulting
from the enactment of section 4192 of the Internal Revenue Code
of 1986 is used to improve substance abuse treatment efforts in
accordance with section 1923A of the Public Health Service Act
(as added by section 3); and
(4) suggestions for improving--
(A) access to opioids for cancer and hospice
patients; and
(B) substance abuse treatment efforts under such
section 1923A. | Budgeting for Opioid Addiction Treatment Act This bill amends the Internal Revenue Code, with respect to excise taxes on manufacturers, to impose a one cent per milligram fee on the sale of active opioids by the manufacturer, producer, or importer. The fee excludes prescription drugs used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. The Department of Health and Human Services (HHS) must establish a program to provide rebates or discounts to cancer and hospice patients to ensure that they do not pay the fee. The bill amends the Public Health Service Act to require any increase in federal revenues from the fee after rebates and discounts are subtracted to be distributed to states under the Substance Abuse Prevention and Treatment Block Grant program. The states must use the funds exclusively for substance abuse (including opioid abuse) efforts in the states, including: (1) specified treatment programs, and (2) the recruitment and training of substance use disorder professionals to work in rural and medically underserved communities. HHS must report to Congress on the impact of this bill on the retail cost of opioids and patient access to opioid medication, the effectiveness of the discount or rebate for cancer and hospice patients, how the funds are being used to improve substance abuse treatment efforts, and suggestions for improving access to opioids for cancer and hospice patients and substance abuse treatment efforts. | {"src": "billsum_train", "title": "Budgeting for Opioid Addiction Treatment Act"} | 1,859 | 290 | 0.553395 | 1.506614 | 0.654366 | 3.254753 | 6.08365 | 0.844106 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Front Range Roadless Area
Protection Act''.
SEC. 2. PROTECTED ROADLESS AREAS.
(a) Areas Designated.--Subject to the requirements of subsection
(c), the following lands within the Arapaho and Roosevelt National
Forests in Colorado shall be managed as protected roadless areas:
(1) Indian peaks wilderness adjacent areas.--
(A) Certain lands in the Roosevelt National Forest
comprising approximately 10,804 acres, as generally
depicted on a map entitled ``Indian Peaks Adjacent Area
Unit C'' dated July 2000, and which shall be known as
``South St. Vrain Protected Roadless Area''.
(B) Certain lands in the Roosevelt National Forest
comprising approximately 1,085 acres, as generally
depicted on a map entitled ``Indian Peaks Adjacent Area
Unit A'' dated July 2000, and which shall be known as
``Fourth of July Protected Roadless Area''.
(C) Certain lands in the Roosevelt National Forest
comprising approximately 844 acres, as generally
depicted on a map entitled ``Indian Peaks Adjacent Area
Unit D'' dated July 2000, and which shall be known as
``Rainbow Lakes Protected Roadless Area''.
(2) Mount evans wilderness adjacent areas.--
(A) Certain lands in the Arapaho National Forest
comprising approximately 5,741 acres as generally
depicted on a map entitled ``Mount Evans Adjacent Area
Unit A'' dated July 2000, and which shall be known as
``South Chicago Creek Protected Roadless Area''.
(B) Certain lands in the Arapaho National Forest
comprising approximately 717 acres as generally
depicted on a map entitled ``Mount Evans Adjacent Area
Unit B'' dated July 2000, and which shall be known as
``Mount Goliath Protected Roadless Area''.
(C) Certain lands in the Arapaho National Forest
comprising approximately 1,038 acres as generally
depicted on a map entitled ``Mount Evans Adjacent Area
Unit C'' dated July 2000, and which shall be known as
``Chief Mountain Protected Roadless Area''.
(D) Certain lands in the Arapaho National Forest
comprising approximately 2,787 acres as generally
depicted on a map entitled ``Mount Evans Adjacent Area
Unit D'' dated July 2000, and which shall be known as
``Bear Creek Protected Roadless Area''.
(3) Vasquez peak wilderness adjacent areas.--Certain lands
in the Arapaho National Forest comprising approximately 6,133
acres as generally depicted on a map entitled ``Vasquez
Adjacent Area'' dated July 2000, and which shall be known as
``Jones Pass Protected Roadless Area''.
(4) Other areas.--
(A) Certain lands in the Arapaho National Forest
comprising approximately 25,382 acres as generally
depicted on a map entitled ``Bard Creek'' dated July
2000, and which shall be known as ``Bard Creek
Protected Roadless Area''.
(B) Certain lands in the Arapaho National Forest
comprising approximately 8,317 acres as generally
depicted on a map entitled ``Mt. Sniktau'' dated July
2000, and which shall be known as ``Mt. Sniktau
Protected Roadless Area''.
(C) Certain lands in the Roosevelt National Forest
comprising approximately 11,718 acres as generally
depicted on a map entitled ``North St. Vrain'' dated
July 2000, and which shall be known as ``North St.
Vrain Protected Roadless Area''.
(D) Certain lands in the Arapaho National Forest
comprising approximately 6,444 acres as generally
depicted on a map entitled ``Square Top Mtn.'' dated
July 2000, and which shall be known as ``Square Top
Mountain Protected Roadless Area''.
(b) Maps and Descriptions.--As soon as practicable after the date
of the enactment of this Act, the Secretary of Agriculture shall file
with the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and a
boundary description of each of the areas designated as protected
roadless areas in subsection (a). Such maps and boundary descriptions
shall be on file and available for public inspection in the Office of
the Chief of the Forest Service, Department of Agriculture.
(c) Management.--The lands identified in subsection (a) shall be
managed and administered by the Secretary of Agriculture in the same
manner as lands included in the ``recommended for wilderness'' category
for management direction in the 1997 Revision of the Land and Resource
Management Plan for the Arapaho and Roosevelt National Forests and the
Pawnee National Grasslands so as to maintain their presently existing
roadless character and potential for inclusion in the National
Wilderness Preservation System until Congress determines otherwise.
Notwithstanding the preceding sentence, with respect to the grazing of
livestock, such lands shall be managed according to the laws generally
applicable to the National Forest System.
(d) Report.--Not later than 3 years following the date of the
enactment of this Act, the Secretary of Agriculture shall report to
Congress recommendations on the suitability or unsuitability of the
lands identified in subsection (a) for inclusion in the National
Wilderness Preservation System and such other recommendations as the
Secretary may wish to make regarding management of such lands. | Northern Front Range Roadless Area Protection Act - Requires specified lands within the Arapaho and Roosevelt National Forests in Colorado to be managed by the Secretary of Agriculture as protected roadless areas. Requires a report from the Secretary concerning such lands' suitability for inclusion in the National Wilderness Preservation System. | {"src": "billsum_train", "title": "To provide interim protection for certain roadless areas in the Arapaho and Roosevelt National Forests in Colorado, and for other purposes."} | 1,312 | 73 | 0.584217 | 1.356026 | 0.328801 | 3.396226 | 19.716981 | 0.867925 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Alex's Law''.
SEC. 2. INCREASE IN THE FULL RETIREMENT AGE AND THE EARLY RETIREMENT
AGE.
(a) In General.--Section 216(l) of the Social Security Act (42
U.S.C. 416(l)) is amended--
(1) in paragraph (1)--
(A) by striking ``early retirement age'' each place
it appears and inserting ``the applicable reference
age'';
(B) by striking ``the age increase factor (as
determined under paragraph (3))'' each place it appears
and inserting ``the first age increase factor (as
determined under paragraph (3)(A))'';
(C) in subparagraph (A), by striking ``paragraph
(2)'' and inserting ``paragraph (4)'';
(D) in subparagraph (D), by striking ``and'' after
the semicolon;
(E) in subparagraph (E), by striking ``67 years of
age.'' and inserting ``and before January 1, 2023, 67
years of age;''; and
(F) by inserting after subparagraph (E) the
following:
``(F) with respect to an individual who attains the
applicable reference age after December 31, 2022, and before
January 1, 2069, 67 years of age plus the number of months in
the second age increase factor (as determined under paragraph
(3)(B)) for the calendar year in which such individual attains
the applicable reference age; and
``(G) with respect to an individual who attains the
applicable reference age after December 31, 2068, 70 years of
age.''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) The term `early retirement age' means--
``(A) in the case of an old-age, wife's, or husband's
insurance benefit--
``(i) with respect to an individual who attains the
applicable reference age before January 1, 2023, 62
years of age; and
``(ii) with respect to an individual who attains
the applicable reference age after December 31, 2022,
and before January 1, 2069, 62 years of age (in the
case of an old-age, wife's, or husband's insurance
benefit), plus the number of months in the second age
increase factor (as determined under paragraph (3)(B))
for the calendar year in which such individual attains
the applicable reference age; and
``(iii) with respect to an individual who attains
the applicable reference age after December 31, 2068,
65 years of age; and
``(B) in the case of a widow's or widower's insurance
benefit, 2 years less than the age provided under subparagraph
(A).
``(3)(A) The first retirement age increase factor for any
individual who attains the applicable reference age in a calendar year
within the 5-year period consisting of the calendar years 2000 through
2004 or the calendar years 2017 through 2021 shall be equal to \2/12\
of the number of months in the period beginning with January of the
first calendar year in such period and ending with December of the year
in which the individual attains the applicable reference age.
``(B) The second retirement age increase factor for any individual
who attains the applicable reference age in the 46-year period
consisting of the calendar years 2023 through 2068 shall be equal to
\3/47\ of the number of months in the period beginning with January
2023 and ending with December of the year in which the individual
attains the applicable reference age. In any case in which the second
age increase factor for any calendar year is not a whole number of
calendar months, such factor shall be deemed to be equal to the next
lower whole number of calendar months.
``(4) The term `applicable reference age' means 62 years of age (in
the case of an old-age, wife's, or husband's insurance benefit) and 60
years of age (in the case of a widow's or widower's insurance
benefit).''.
(b) Conforming Extension of Maximum Age for Entitlement to Delayed
Retirement Credit.--Section 202(w)(2)(A) of such Act (42 U.S.C.
402(w)(2)(A)) is amended--
(1) by striking ``prior to the month in which such
individual attained age 70, and'' and inserting ``prior to the
later of--''; and
(2) by adding at the end the following:
``(i) the month in which such individual would
attain age 70, or
``(ii) the month which ends 3 years after the end
of the month in which such individual attained
retirement age (as defined in section 216(l)), and''.
(c) Conforming Increase in Number of Elapsed Years for Purposes of
Determining Primary Insurance Amount.--Section 215(b)(2)(B)(iii) of
such Act (42 U.S.C. 415(b)(2)(B)(iii)) is amended by striking ``age
62'' and inserting ``early retirement age''.
(d) Study Relating to Additional Conforming Amendments.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social Security,
in consultation with the Secretary of the Treasury and the
Secretary of Health and Human Services, shall conduct a study
of the additional technical and conforming amendments to title
II of the Social Security Act and other relevant provisions of
law relating to the age of a beneficiary or applicant for
benefits which are necessary to effectively carry out the
programs provided for under such title and other provisions,
taking into account the amendments made by this section.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commissioner shall transmit to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a report of the results
of the study conducted pursuant to paragraph (1). The
Commissioner shall include in such report such recommendations
for legislative and administrative changes as the Commissioner,
in consultation with the Secretary of the Treasury and the
Secretary of Health and Human Services, determines to be
appropriate. | Alex's Law Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase the age for retirement to 70 and the early retirement age to 65 as of January 1, 2069. Revises requirements accordingly for calculation of the first and the second retirement age increase factors. | {"src": "billsum_train", "title": "Alex's Law"} | 1,428 | 68 | 0.610023 | 1.456414 | 0.428577 | 2.20339 | 22.050847 | 0.847458 |
SECTION 1. PROHIBITION ON CERTAIN COMPENSATION.
(a) Prohibition on Certain Compensation Not Based on Performance
Standards.--Section 111 of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5221) is amended by redesignating subsections (e)
through (h) as subsections (f) through (i), and inserting after
subsection (d) the following:
``(e) Prohibition on Certain Compensation Not Based on Performance
Standards.--
``(1) Prohibition.--No financial institution that has
received or receives a direct capital investment under the
Troubled Assets Relief Program under this title, or with
respect to the Federal National Mortgage Association, the
Federal Home Loan Mortgage Corporation, or a Federal home loan
bank, under the amendments made by section 1117 of the Housing
and Economic Recovery Act of 2008, may, while that capital
investment remains outstanding, make a compensation payment,
other than a longevity bonus or a payment in the form of
restricted stock, to any executive or employee under any
existing compensation arrangement, or enter into a new
compensation payment arrangement, if such compensation payment
or compensation payment arrangement--
``(A) provides for compensation that is
unreasonable or excessive, as defined in standards
established by the Secretary, in consultation with the
Chairperson of the Congressional Oversight Panel
established under section 125, in accordance with
paragraph (2); or
``(B) includes any bonus or other supplemental
payment, whether payable before employment, during
employment, or after termination of employment, that is
not directly based on performance-based measures set
forth in standards established by the Secretary in
accordance with paragraph (2).
An institution shall not become subject to the requirements of
this paragraph as a result of doing business with a recipient
of a direct capital investment under the TARP or under the
amendments made by the Housing and Economic Recovery Act of
2008.
``(2) Standards.--Not later than 30 days after the date of
enactment of this subsection, the Secretary, with the approval
of the agencies that are members of the Federal Financial
Institutions Examination Council, and in consultation with the
Chairperson of the Congressional Oversight Panel established
under section 125, shall establish the following:
``(A) Unreasonable and excessive compensation
standards.--Standards that define `unreasonable or
excessive' for purposes of subparagraph (1)(A).
``(B) Performance-based standards.--Standards for
performance-based measures that a financial institution
must apply when determining whether it may provide a
bonus or retention payment under paragraph (1)(B). Such
performance measures shall include--
``(i) the stability of the financial
institution and its ability to repay or begin
repaying the United States for any capital
investment received under this title;
``(ii) the performance of the individual
executive or employee to whom the payment
relates;
``(iii) adherence by executives and
employees to appropriate risk management
requirements; and
``(iv) other standards which provide
greater accountability to shareholders and
taxpayers.
``(3) Clarification relating to severance pay.--For
purposes of this subsection, a compensation payment or
compensation payment arrangement shall not include a severance
payment paid by an employer in the ordinary course of business
to an employee who has been employed by the employer for a
minimum of 5 years upon dismissal of that employee, unless such
severance payment is in an amount greater than the annual
salary of such employee or $250,000.
``(4) Conditional exemption.--
``(A) Repayment agreement.--Paragraph (1) shall not
apply to a financial institution that has entered into
a comprehensive agreement with the Secretary to repay
the United States, in accordance with a schedule and
terms established by the Secretary, all outstanding
amounts of any direct capital investment or investments
received by such institution under this title.
``(B) Default.--If the Secretary determines that an
institution that has entered into an agreement as
provided for in subparagraph (A) has defaulted on such
agreement, the Secretary shall require that any
compensation payments made by such institution that
would have been subject to paragraph (1) if the
institution had not entered into such an agreement be
surrendered to the Treasury.
``(5) Reporting requirement.--
``(A) In general.--Any financial institution that
is subject to the requirements of paragraph (1) shall,
not later than 90 days after the date of enactment of
this subsection and annually on March 31 each year
thereafter, transmit to the Secretary, who shall make a
report which states how many persons (officers,
directors, and employees) received or will receive
total compensation in that fiscal year in each of the
following amounts:
``(i) over $500,000;
``(ii) over $1,000,000;
``(iii) over $2,000,000;
``(iv) over $3,000,000; and
``(v) over $5,000,000.
The report shall distinguish amounts the institution
considers to be a bonus and the reason for such
distinction. The name or identity of persons receiving
compensation in such amounts shall not be required in
such reports. The Secretary shall make such reports
available on the Internet. Any financial institution
subject to this paragraph shall issue a retrospective
annual report for 2008 and both a prospective and
retrospective annual report for each subsequent
calendar year until such institution ceases to be
subject to this paragraph.
``(B) Total compensation defined.--For purposes of
this paragraph, the term `total compensation' includes
all cash payments (including without limitation salary,
bonus, retention payments), all transfers of property,
stock options, sales of stock, and all contributions by
the company (or its affiliates) for that person's
benefit or for the benefit of that person's immediate
family members.
``(6) Community financial institution exemption.--
``(A) In general.--The Secretary may exempt
community financial institutions from any of the
requirements of this subsection, when the Secretary
finds that such an exemption is consistent with the
purposes of this subsection.
``(B) Community financial institution defined.--For
the purposes of this paragraph, the term `community
financial institution' means a financial institution
that receives or received a direct capital investment
under the Troubled Asset Relief Program under this
title of not more than $250,000,000.
``(7) Compensation considerations under the standards.--In
establishing standards under this subsection, the Secretary
shall consider as compensation any transfer of property,
payment of money, or provision of services by the financial
institution that causes any increase in wealth on the part of
an executive or employee.''.
(b) Revision to Rule of Construction.--Section 111(b)(3)(D)(iii) of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5221(b)(3)(D)(iii)) is amended by inserting before the period the
following: ``, except that an entity subject to subsection (e) may not,
while a capital investment described in that subsection remains
outstanding, pay a bonus or other supplemental payment that is
otherwise prohibited by clause (i) without regard to when the
arrangement to pay such a bonus was entered into''.
SEC. 2. EXECUTIVE COMPENSATION COMMISSION.
Section 111 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5221), as amended by section 1, is further amended by adding at
the end the following new subsection:
``(j) Executive Compensation Commission.--
``(1) Establishment.--There is hereby established a
commission to be known as the `Commission on Executive
Compensation' (hereinafter in this subsection referred to as
the `Commission').
``(2) Duties.--
``(A) Study required.--The Commission shall conduct
a study of the executive compensation system for
recipients of a direct capital investment under the
TARP. In conducting such study, the Commission shall
examine--
``(i) how closely executive pay is
currently linked to company performance;
``(ii) how closely executive pay has been
linked to company performance in the past;
``(iii) how executive pay can be more
closely linked to company performance in the
future;
``(iv) the factors influencing executive
pay; and
``(v) how current executive pay incentives
affect executive behavior.
``(B) Consideration of proposals.--The Commission
shall consider, in addition to any recommendations made
by members of the Commission or outside advisers, the
effects of implementing increased shareholder voice in
executive compensation.
``(3) Report.--
``(A) In general.--Not later than 90 days after the
date on which all members of the Commission have been
appointed, the Commission shall deliver a report to the
President and to the Congress containing--
``(i) recommendations for legislative
action;
``(ii) recommendations for executive
action, including actions taken by the
Department of the Treasury or any other agency
for which the Commission has recommendations;
and
``(iii) recommendations for voluntary
actions to be taken by recipients of a direct
capital investment under the TARP.
``(B) Minority views.--The report required under
subparagraph (A) shall be accompanied by any separate
recommendations that members of the Commission wish to
make, but that were not agreed upon by the Commission
for purposes of the report required under subparagraph
(A). Such separate recommendations must take the form
of a proposal for aligning executive pay with the long-
term health of the company.
``(4) Composition.--
``(A) The Commission shall be composed of 9
members, appointed as follows:
``(i) 1 member appointed by the Council of
Economic Advisers.
``(ii) 1 member appointed by the Speaker of
the House of Representatives.
``(iii) 1 member appointed by the Senate
Majority Leader.
``(iv) 1 member appointed by the House
Minority Leader.
``(v) 1 member appointed by the Senate
Minority Leader.
``(vi) 1 member appointed by the Chairman
of the Financial Services Committee of the
House of Representatives.
``(vii) 1 member appointed by the Ranking
Member of the Financial Services Committee of
the House of Representatives.
``(viii) 1 member appointed by the Chairman
of the Banking, Housing, and Urban Affairs
Committee of the Senate.
``(ix) 1 member appointed by the Ranking
Member of the Banking, Housing, and Urban
Affairs Committee of the Senate.
``(B) Each appointing entity shall name its member
within 21 days of the date of the enactment of this
subsection.
``(C) Any vacancy in the Commission shall be filled
in the same manner as the original appointment.
``(5) Activities.--
``(A) The Chairman of the Financial Services
Committee of the House of Representatives shall select
one member to serve as the Chairman of the Commission,
and such Chairman will call to order the first meeting
of the Commission within 10 business days after the
date on which all members of the Commission have been
appointed.
``(B) The Commission shall meet at least once every
30 days and may meet more frequently at the discretion
of the Chairman.
``(C) The Commission shall solicit and consider
policy proposals from Members of Congress, the
financial sector, academia and other fields as the
Commission deems necessary.
``(D) The Commission shall hold at least two public
hearings, and may hold more at the discretion of the
Chairman.
``(6) Actions by the commission.--A decision of a majority
of commissioners present at a meeting of the Commission shall
constitute the decision of the Commission where the Commission
is given discretion to act, including but not limited to,
recommendations to be made in the report described in paragraph
3.
``(7) Staff.--The Chair may hire at his or her discretion
up to seven professional staff members.
``(8) Termination.--The Commission shall terminate 30 days
after the date on which the Commission submits its report to
the President and the Congress under paragraph 3.
``(9) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection.''.
Passed the House of Representatives April 1, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | (Sec. 1) Amends the Emergency Economic Stabilization Act of 2008 (EESA) to prohibit a financial institution that receives or has received a direct capital investment under the Troubled Asset Relief Program (TARP) (or with respect to the Federal National Mortgage Association [Fannie Mae], the Federal Home Loan Mortgage Corporation [Freddie Mac], or a federal home loan bank, under the Housing and Economic Recovery Act of 2008) from making a compensation payment (other than a longevity bonus or a payment in the form of restricted stock) to an executive or employee under a preexisting compensation arrangement, or from entering into a new compensation payment arrangement, while that capital investment remains outstanding, if such compensation: (1) is unreasonable or excessive according to standards established by the Secretary of the Treasury in consultation with the Chairperson of the Congressional Oversight Panel; or (2) includes any bonus or other supplemental payment, whether payable before employment, during employment, or after termination of employment, that is not directly based upon such standards.
Declares such prohibition inapplicable to an institution that did business with a recipient of a direct capital investment under the TARP, or under amendments made by the Housing and Economic Recovery Act of 2008.
Instructs the Secretary, with the approval of the agencies that are members of the Federal Financial Institutions Examination Council, and in consultation with the Chairperson of the Congressional Oversight Panel, to establish standards governing: (1) unreasonable and excessive compensation; and (2) performance-based measures that a financial institution must apply when determining whether it may provide a bonus or retention payment.
Excludes from the meaning of compensation payment under this Act any severance payment paid upon the employee's dismissal by an employer in the ordinary course of business to an employee who has been employed for a minimum of five years, unless such severance payment is greater than the employee's annual salary or $250,000.
States that the prohibition against certain compensation not based upon performance standards does not apply to a financial institution that has entered into an agreement with the Secretary to repay the United States all outstanding amounts of any direct capital investment or investments it has received under this Act. Declares, however, that if an institution defaults on such an agreement, the Secretary shall require the institution to surrender to the Treasury the compensation payments that would have been subject to such prohibition.
Requires financial institutions subject to this Act to report annually to the Secretary how many officers, directors, and employees received or will receive total compensation over each of five specified thresholds in that fiscal year.
Requires such report to distinguish amounts an institution considers to be a bonus and the reason for such distinction. Authorizes the Secretary to exempt community financial institutions from the requirements of this Act.
Defines total compensation as all cash payments (including without limitation salary, bonus, and retention payments), all transfers of property, stock options, sales of stock, and all contributions by the company (or its affiliates) for a person's benefit or for the benefit of that person's immediate family members.
States that the identity of persons receiving compensation in such amounts shall not be required in such reports.
Directs the Secretary to make such reports available on the Internet.
Requires a financial institution, while subject to this Act, to issue: (1) a retrospective annual report for 2008; and (2) both a prospective and retrospective annual report for each subsequent calendar year.
States that, for a financial institution that has received or receives a direct capital investment under TARP, while such investment remains outstanding, no otherwise prohibited bonus or other supplemental payment may be paid to employees or executives without regard to when the arrangement to pay such a bonus was entered into.
(Sec. 2) Establishes the Commission on Executive Compensation to study and report to the President and Congress on the executive compensation system for recipients of a direct capital investment under the TARP. Requires the report's recommendations for executive action and voluntary recipient actions to be accompanied by any separate minority view recommendations that members of the Commission wish to make, but that were not agreed upon by the Commission for the report.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the executive compensation provisions of the Emergency Economic Stabilization Act of 2008 to prohibit unreasonable and excessive compensation and compensation not based on performance standards."} | 2,678 | 893 | 0.777449 | 2.650229 | 0.685832 | 4.646402 | 3.189826 | 0.944169 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans-Specific Education for
Tomorrow's Medical Doctors Act'' or the ``VET MD Act''.
SEC. 2. PILOT PROGRAM FOR CLINICAL OBSERVATION BY PRE-MED STUDENTS.
(a) Establishment.--The Secretary of Veterans Affairs shall carry
out a pilot program to provide undergraduate students a clinical
observation experience at medical centers of the Department of Veterans
Affairs.
(b) Duration.--The Secretary shall carry out the pilot program
under subsection (a) for a three-year period beginning not later than
August 15, 2019.
(c) Goals.--The Secretary shall ensure that the pilot program under
subsection (a) meets the following goals:
(1) Increases the awareness, knowledge, and empathy of
future medical professionals toward the medical conditions
common to veterans.
(2) Increases the diversity of the recruitment pool of
future physicians of the Department.
(3) Provides a diverse clinical observation experience
commensurate with the standard expectations for medical school
applications.
(4) Expands clinical observation opportunities for all
students by encouraging students of all backgrounds to consider
a career in medicine.
(d) Medical Center Selection.--The Secretary shall select not fewer
than five medical centers of the Department to carry out the pilot
program under subsection (a). In selecting such medical centers, the
Secretary shall ensure regional diversity among such selected medical
centers.
(e) Clinical Observation Sessions.--
(1) Sessions.--The Secretary shall ensure that each medical
center of the Department selected under subsection (d) provides
clinical observation sessions as follows:
(A) Each session shall allow for, to the extent
practicable, not fewer than 20 students to participate
in the session, which shall consist of not fewer than
60 observational hours.
(B) Each center shall carry out three sessions per
calendar year, from four to six months in duration with
minimal overlap.
(C) A majority of the observational hours shall be
spent observing a practicing physician. The other
observational hours shall be spent in a manner that
ensures a robust, well rounded experience that exposes
the students to a variety of aspects of medical care
and health care administration.
(2) Consideration of areas with staffing shortages.--In
carrying out paragraph (1)(C), the Secretary may consider
providing clinical observation sessions with physicians
employed in occupations with large staffing shortages, such as
occupations relating to women's health and psychiatric care and
occupations identified under section 7412 of title 38, United
States Code.
(f) Students.--
(1) Selection.--The Secretary shall select to participate
in the pilot program under subsection (a) undergraduate
students who are--
(A) citizens of the United States; and
(B) enrolled in an accredited science or medical
program of study.
(2) Priority.--In making such selection, the Secretary
shall give priority to--
(A) students who, at the time of the completion of
their secondary education, resided in a health
professional shortage area (as defined in section 332
of the Public Health Service Act (42 U.S.C. 254e)); and
(B) students who are the first in their immediate
family to attend an undergraduate institution.
(g) Other Matters.--The Secretary shall--
(1) establish a formal status to facilitate the access to
medical centers of the Department by student observers
participating in the pilot program;
(2) establish standardized legal, privacy, and ethical
requirements for the student observers, including with respect
to--
(A) ensuring that no student observer provides any
care to patients; and
(B) ensuring the suitability of a student to
participate in the pilot program to ensure that the
student poses no risk to patients;
(3) create a standardized application, assessment,
selection and processing requirements, and procedures for
student observers;
(4) create an online information page and application
portal on the Internet website of the Department;
(5) identify participating medical centers and clinicians;
(6) notify the Committees on Veterans' Affairs of the House
of Representatives and the Senate of the medical centers
selected under subsection (d) in a timely manner to facilitate
program awareness;
(7) publish the locations of such centers, and other
information on the pilot program, not later than 180 days
before the date on which applications are required to be
submitted by potential student observers; and
(8) establish procedures to follow up with each student
observer to ascertain if the student was accepted into medical
school.
(h) Report.--Not later than 60 days before the completion of the
pilot program under subsection (a), the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report on the results of the pilot program, including--
(1) the number and demographics of all applicants, those
accepted to participate in the pilot program, and those who
completed the pilot program; and
(2) the results of a reflection survey designed by the
Secretary to assess the experience of the student observers. | Veterans-Specific Education for Tomorrow's Medical Doctors Act or the VET MD Act This bill directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program at at least five VA medical centers to provide undergraduate students a clinical observation experience. The VA shall ensure that such program: increases the awareness, knowledge, and empathy of future medical professionals toward the medical conditions common to veterans; increases the diversity of the recruitment pool of future VA physicians; provides a diverse clinical observation experience commensurate with the standard expectations for medical school applications; and expands clinical observation opportunities for all students by encouraging students of all backgrounds to consider a career in medicine. The VA shall select undergraduate students who are U.S. citizens enrolled in an accredited science or medical program of study to participate in the program, with priority to students who resided in a health professional shortage area and who are the first in their immediate family to attend an undergraduate institution. | {"src": "billsum_train", "title": "VET MD Act"} | 1,075 | 201 | 0.610757 | 1.681742 | 0.989969 | 4.655738 | 5.715847 | 0.939891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inflammatory Bowel Disease Research
and Awareness Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Crohn's disease and ulcerative colitis are serious
inflammatory diseases of the gastrointestinal tract.
(2) Crohn's disease may occur in any section of the
gastrointestinal tract but is predominately found in the lower
part of the small intestine and the large intestine. Ulcerative
colitis is characterized by inflammation and ulceration of the
innermost lining of the colon. Complete removal of the colon in
patients with ulcerative colitis can potentially alleviate and
cure symptoms.
(3) Because Crohn's disease and ulcerative colitis behave
similarly, they are collectively known as inflammatory bowel
disease. Both diseases present a variety of symptoms, including
severe diarrhea; abdominal pain with cramps; fever; arthritic
joint pain, inflammation of the eye, and rectal bleeding. There
is no known cause of inflammatory bowel disease, or medical
cure.
(4) It is estimated that up to 1,400,000 people in the
United States suffer from inflammatory bowel disease, 30
percent of whom are diagnosed during their childhood years.
(5) Children with inflammatory bowel disease miss school
activities because of bloody diarrhea and abdominal pain, and
many adults who had onset of inflammatory bowel disease as
children had delayed puberty and impaired growth and have never
reached their full genetic growth potential.
(6) Inflammatory bowel disease patients are at high risk
for developing colorectal cancer.
(7) The total annual medical costs for inflammatory bowel
disease patients are estimated at more than $2,000,000,000.
(8) The average time from presentation of symptoms to
diagnosis in children is three years.
(9) Delayed diagnosis of inflammatory bowel disease
frequently results in more-active disease associated with
increased morbidity and complications.
(10) The National Institutes of Health National Commission
on Digestive Diseases issued comprehensive research goals
related to inflammatory bowel disease in its April 2009 report
to Congress and the American public entitled ``Opportunities
and Challenges in Digestive Diseases Research: Recommendations
of the National Commission on Digestive Diseases''.
SEC. 3. ENHANCING CDC'S PUBLIC HEALTH ACTIVITIES ON INFLAMMATORY BOWEL
DISEASE.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 320A the following:
``SEC. 320B. INFLAMMATORY BOWEL DISEASE EPIDEMIOLOGY RESEARCH AND
PEDIATRIC PATIENT REGISTRY PROGRAM.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall conduct, support,
and expand epidemiology research on inflammatory bowel disease in both
pediatric and adult populations and establish a registry of pediatric
IBD patients.
``(b) Cooperative Agreement.--In carrying out subsection (a), the
Secretary shall enter into a cooperative agreement with a nonprofit
organization with expertise and experience in conducting inflammatory
bowel disease research to develop and administer the epidemiology
research and registry program, including--
``(1) expansion of existing IBD epidemiology program
research activities within the National Center for Chronic
Disease Prevention and Health Promotion; and
``(2) establishment, within one year of enactment of this
section, of a population-based registry of pediatric IBD
patients for the purposes of data collection, research, and
patient services.
``(c) Pediatric IBD Registry.--
``(1) Focus.--The pediatric IBD registry established under
this section shall focus on, but not be limited to, data
collection, storage and analysis regarding--
``(A) the incidence and prevalence of pediatric IBD
in the United States;
``(B) genetic and environmental factors associated
with pediatric IBD;
``(C) age, race or ethnicity, gender, and family
history of individuals diagnosed with pediatric IBD;
and
``(D) treatment approaches and outcomes in
pediatric IBD.
``(2) Additional requirements.--In establishing the
pediatric IBD registry under this section, the Secretary
shall--
``(A) identify, build-upon, and coordinate with
existing public and private surveillance systems
related to pediatric IBD; and
``(B) establish a secure communication mechanism
within the registry to facilitate patient contact with
researchers studying the environmental and genetic
causes of pediatric IBD or conducting clinical trials
on pediatric IBD.
``(d) Definition.--In this section, the term `IBD' means
inflammatory bowel disease.
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $3,500,000 for each of the
fiscal years 2010 through 2014.
``SEC. 320C. INCREASING PUBLIC AWARENESS OF INFLAMMATORY BOWEL DISEASE
AND IMPROVING HEALTH PROFESSIONAL EDUCATION.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall award grants to
eligible entities for the purpose of increasing awareness of
inflammatory bowel disease among the general public and health care
providers.
``(b) Use of Funds.--The Secretary may not award a grant under this
section to an eligible entity unless the entity agreed to use the grant
to develop educational materials and conduct awareness programs focused
on inflammatory bowel disease, including with respect to the following
subjects:
``(1) Crohn's disease and ulcerative colitis and their
symptoms.
``(2) Testing required for appropriate diagnosis and the
importance of accurate and early diagnosis.
``(3) Key differences between pediatric and adult disease.
``(4) Specific physical and psychosocial issues impacting
pediatric patients, including stunted growth, malnutrition,
delayed puberty, and depression.
``(5) Treatment options for both adult and pediatric
patients.
``(6) The importance of identifying aggressive disease in
children at an early stage in order to implement the most
effective treatment protocol.
``(7) Complications of inflammatory bowel disease and
related secondary conditions, including colorectal cancer.
``(8) Federal and private information resources for
patients and physicians.
``(9) Incidence and prevalence data on pediatric and adult
inflammatory bowel disease.
``(c) Report to Congress.--Not later than September 30, 2010, the
Secretary shall report to the Committee on Energy and Commerce of the
House of Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate, and the Committees on Appropriations of the
House of Representatives and the Senate regarding the status of
activities under this section.
``(d) Eligible Entity.--To carry out this section, the term
`eligible entity' means a nonprofit patient or professional
organization with experience in serving adults and children with
inflammatory bowel disease.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $2,000,000 for
each of fiscal years 2010 through 2014.''.
SEC. 4. SENSE OF CONGRESS ON EXPANSION OF BIOMEDICAL RESEARCH ON
INFLAMMATORY BOWEL DISEASE.
It is the sense of the Congress that--
(1) the Secretary, acting through the Director of the
National Institutes of Health and the Director of the National
Institute of Diabetes and Digestive and Kidney Diseases (in
this section referred to as the ``Institute'') should
aggressively support basic, translational, and clinical
research designed to meet the research goals for inflammatory
bowel disease (in this section referred to as ``IBD'') included
in the National Institutes of Health National Commission on
Digestive Diseases report entitled ``Opportunities and
Challenges in Digestive Diseases Research: Recommendations of
the National Commission on Digestive Diseases'', including by--
(A) establishing an objective basis for determining
clinical diagnosis, detailed phenotype, and disease
activity in IBD;
(B) developing an individualized approach to IBD
risk evaluation and management based on genetic
susceptibility;
(C) modulating the intestinal microflora to prevent
or control IBD;
(D) effectively modulating the mucosal immune
system to prevent or ameliorate IBD;
(E) sustaining the health of the mucosal surface;
(F) promoting regeneration and repair of injury in
IBD;
(G) providing effective tools for clinical
evaluation and intervention in IBD; and
(H) ameliorating or preventing adverse effects of
IBD on growth and development in children and
adolescents;
(2) the Institute should support the training of qualified
health professionals in biomedical research focused on IBD,
including pediatric investigators; and
(3) the Institute should continue its strong collaboration
with medical and patient organizations concerned with IBD and
seek opportunities to promote research identified in the
scientific agendas ``Challenges in Inflammatory Bowel Disease
Research'' (Crohn's and Colitis Foundation of America) and
``Chronic Inflammatory Bowel Disease'' (North American Society
for Pediatric Gastroenterology, Hepatology and Nutrition).
SEC. 5. BIENNIAL REPORTS.
Section 403(a)(5) of the Public Health Service Act (42 U.S.C.
283(a)(5)) is amended--
(1) by redesignating subparagraph (L) as subparagraph (M);
and
(2) by inserting after subparagraph (K) the following:
``(L) Inflammatory bowel disease.''. | Inflammatory Bowel Disease Research and Awareness Act - Amends the Public Health Service Act to require the Centers for Disease Control and Prevention (CDC) to: (1) conduct, support, and expand epidemiology research on inflammatory bowel disease (IBD) (i.e., Crohn's disease and ulcerative colitis) in pediatric and adult populations and establish a registry of pediatric IBD patients; (2) enter into cooperative agreements to develop and administer such epidemiology research and the pediatric IBD registry; and (3) award grants to increase awareness of IBD among the general public and health care providers. Requires the Director of the National Institutes of Health (NIH) to include information on IBD research in the biennial reports of NIH to Congress.
Expresses the sense of Congress that the Directors of NIH and the National Institute of Diabetes and Digestive and Kidney Diseases should support specified research and training goals for inflammatory bowel disease. | {"src": "billsum_train", "title": "To support research and public awareness activities with respect to inflammatory bowel disease, and for other purposes."} | 2,148 | 207 | 0.549676 | 1.528144 | 0.774596 | 3.760234 | 11.011696 | 0.918129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hospital Cooperative Agreement
Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to encourage cooperation between
hospitals in order to contain costs and achieve a more efficient health
care delivery system through the elimination of unnecessary duplication
and proliferation of expensive medical or high technology services or
equipment.
SEC. 3. HOSPITAL TECHNOLOGY AND SERVICES SHARING DEMONSTRATION PROGRAM.
Part D of title VI of the Public Health Service Act (42 U.S.C. 291k
et seq.) is amended by adding at the end thereof the following new
section:
``SEC. 647. HOSPITAL TECHNOLOGY AND SERVICES SHARING DEMONSTRATION
PROGRAM.
``(a) Establishment.--The Secretary shall establish a demonstration
program under which the Secretary shall award not to exceed 10 grants
to eligible applicants to facilitate collaboration among two or more
hospitals with respect to the provision of expensive, capital-embodied
medical technology or other highly resource-intensive services. Such
program shall be designed to demonstrate the extent to which such
agreements result in a reduction in costs, an increase in access to
care, and improvements in the quality of care with respect to the
hospitals involved.
``(b) Eligible Applicants.--
``(1) In general.--To be eligible to receive a grant under
subsection (a), an entity shall be a hospital and shall prepare
and submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require, including--
``(A) a statement that such hospital desires to
negotiate and enter into a voluntary cooperative
agreement with at least one other hospital operating in
the State or region of the applicant hospital for the
sharing of medical technology or services;
``(B) a description of the nature and scope of the
activities contemplated under the cooperative agreement
and any consideration that may pass under such
agreement to any other hospital that may elect to
become a party to the agreement; and
``(C) any other information determined appropriate
by the Secretary.
``(2) Development of evaluation guidelines.--The
Administrator of the Agency for Health Care Policy and Research
shall develop evaluation guidelines with respect to
applications submitted under paragraph (1).
``(3) Evaluations of applications.--The Secretary, in
consultation with the Administrator of the Agency for Health
Care Policy and Research, shall evaluate applications submitted
under paragraph (1). In determining which applications to
approve for purposes of awarding grants under subsection (a),
the Secretary shall consider whether the cooperative agreement
described in each such application meets guidelines developed
under paragraph (2) and is likely to result in--
``(A) the enhancement of the quality of hospital or
hospital-related care;
``(B) the preservation of hospital facilities in
geographical proximity to the communities traditionally
served by such facilities;
``(C) improvements in the cost-effectiveness of
high-technology services by the hospitals involved;
``(D) improvements in the efficient utilization of
hospital resources and capital equipment; or
``(E) the avoidance of duplication of hospital
resources.
``(c) Use of Amounts.--
``(1) In general.--Amounts provided under a grant awarded
under this section shall be used only to facilitate
collaboration among hospitals and may not be used to purchase
facilities or capital equipment. Such permissible uses may
include reimbursements for the expenses associated with
specialized personnel, administrative services, support
services, and instructional programs.
``(2) Care in rural areas.--
``(A) In general.--Not less than three of the
grants awarded under subsection (a), shall be used to
demonstrate the manner in which cooperative agreements
of the type described in such subsection may be used to
increase access to or quality of care in rural areas.
``(B) Definition.--As used in subparagraph (A), the
term `rural areas' means those areas located outside of
metropolitan statistical areas.
``(d) Medical Technology and Services.--
``(1) In general.--Cooperative agreements facilitated under
this section shall provide for the sharing of medical or high
technology equipment or services among the hospitals which are
parties to such agreements.
``(2) Medical technology.--For purposes of this section,
the term `medical technology' shall include the drugs, devices,
and medical and surgical procedures utilized in medical care,
and the organizational and support systems within which such
care is provided.
``(3) Eligible services.--With respect to services that may
be shared under an agreement entered into under this section,
such services shall--
``(A) either have high capital costs or extremely
high annual operating costs; and
``(B) be services with respect to which there is a
reasonable expectation that shared ownership will avoid
a significant degree of the potential excess capacity
of such services in the community or region to be
served under such agreement.
Such services may include mobile clinic services.
``(e) Term.--The demonstration program established under this
section shall continue for a term of 5 years.
``(f) Report.--On the date that occurs 5 years after the
establishment of the demonstration program under this section, the
Secretary shall prepare and submit to the appropriate committees of
Congress, a report concerning the potential for cooperative agreements
of the type entered into under this section to--
``(1) contain health care costs;
``(2) increase the access of individuals to medical
services; and
``(3) improve the quality of health care.
Such report shall also contain the recommendations of the Secretary
with respect to future programs to facilitate cooperative agreements.
``(g) Relation to Other Laws.--
``(1) In general.--Notwithstanding any provision of the
antitrust laws, it shall not be considered a violation of the
antitrust laws for a hospital to enter into, and carry out
activities under, a cooperative agreement in accordance with
this section.
``(2) Definition.--For purposes of this subsection, the
term `antitrust laws' means--
``(A) the Act entitled ``An Act to protect trade
and commerce against unlawful restraints and
monopolies'', approved July 2, 1890, commonly known as
the ``Sherman Act'' (26 Stat. 209; chapter 647; 15
U.S.C. 1 et seq.);
``(B) the Federal Trade Commission Act, approved
September 26, 1914 (38 Stat. 717; chapter 311; 15
U.S.C. 41 et seq.);
``(C) the Act entitled ``An Act to supplement
existing laws against unlawful restraints and
monopolies, and for other purposes'', approved October
15, 1914, commonly known as the ``Clayton Act'' (38
Stat. 730; chapter 323; 15 U.S.C. 12 et seq.; 18 U.S.C.
402, 660, 3285, 3691; 29 U.S.C. 52, 53); and
``(D) any State antitrust laws that would prohibit
the activities described in paragraph (1).
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of the fiscal years 1994 through 1998.''. | Hospital Cooperative Agreement Act - Amends the Public Health Service Act to establish a demonstration program of up to ten grants for collaboration among hospitals regarding the provision of expensive, capital-intensive medical technology or other highly resource-intensive services. Requires that projects be designed to demonstrate a reduction in costs, an increase in access to care, and improvements in the quality of care.
Allows grant funds to be used only to facilitate collaboration and not to purchase facilities or capital equipment. Requires at least three of the grants to be used to demonstrate how such agreements may be used to increase access to or quality of care in rural areas.
Authorizes appropriations. | {"src": "billsum_train", "title": "Hospital Cooperative Agreement Act"} | 1,598 | 142 | 0.556797 | 1.39797 | 0.703918 | 4.968504 | 11.913386 | 0.889764 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High-Capacity Ammunition Magazine
Ban of 2013''.
SEC. 2. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended by
inserting after paragraph (29) the following:
``(30) The term `large capacity ammunition feeding device'--
``(A) means a magazine, belt, drum, feed strip, or similar
device, including any such device joined or coupled with
another in any manner, that has an overall capacity of, or that
can be readily restored, changed, or converted to accept, more
than 10 rounds of ammunition; and
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.
``(31) The term `qualified law enforcement officer' has the meaning
given the term in section 926B.''.
SEC. 3. RESTRICTIONS ON LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) In General.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (u) the following:
``(v)(1) It shall be unlawful for a person to import, sell,
manufacture, transfer, or possess, in or affecting interstate or
foreign commerce, a large capacity ammunition feeding device.
``(2) Paragraph (1) shall not apply to the possession of any large
capacity ammunition feeding device otherwise lawfully possessed on or
before the date of enactment of the High-Capacity Ammunition Magazine
Ban of 2013.
``(3) Paragraph (1) shall not apply to--
``(A) the importation for, manufacture for, sale to,
transfer to, or possession by the United States or a department
or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a sale or
transfer to or possession by a qualified law enforcement
officer employed by the United States or a department or agency
of the United States or a State or a department, agency, or
political subdivision of a State for purposes of law
enforcement (whether on or off duty), or a sale or transfer to
or possession by a campus law enforcement officer for purposes
of law enforcement (whether on or off duty);
``(B) the importation for, or sale or transfer to a
licensee under title I of the Atomic Energy Act of 1954 for
purposes of establishing and maintaining an on-site physical
protection system and security organization required by Federal
law, or possession by an employee or contractor of such
licensee on-site for such purposes or off-site for purposes of
licensee-authorized training or transportation of nuclear
materials;
``(C) the possession, by an individual who is retired in
good standing from service with a law enforcement agency and is
not otherwise prohibited from receiving ammunition, of a large
capacity ammunition feeding device--
``(i) sold or transferred to the individual by the
agency upon such retirement; or
``(ii) that the individual purchased, or otherwise
obtained, for official use before such retirement; or
``(D) the importation, sale, manufacture, transfer, or
possession of any large capacity ammunition feeding device by a
licensed manufacturer or licensed importer for the purposes of
testing or experimentation authorized by the Attorney General.
``(4) For purposes of paragraph (3)(A), the term `campus law
enforcement officer' means an individual who is--
``(A) employed by a private institution of higher education
that is eligible for funding under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
``(B) responsible for the prevention or investigation of
crime involving injury to persons or property, including
apprehension or detention of persons for such crimes;
``(C) authorized by Federal, State, or local law to carry a
firearm, execute search warrants, and make arrests; and
``(D) recognized, commissioned, or certified by a
government entity as a law enforcement officer.''.
(b) Identification Markings for Large Capacity Ammunition Feeding
Devices.--Section 923(i) of title 18, United States Code, is amended by
adding at the end the following: ``A large capacity ammunition feeding
device manufactured after the date of enactment of the High-Capacity
Ammunition Magazine Ban of 2013 shall be identified by a serial number
and the date on which the device was manufactured or made, legibly and
conspicuously engraved or cast on the device, and such other
identification as the Attorney General shall by regulations
prescribe.''.
(c) Seizure and Forfeiture of Large Capacity Ammunition Feeding
Devices.--Section 924(d) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``or large capacity ammunition
feeding device'' after ``firearm or ammunition'' each
place the term appears;
(B) by inserting ``or large capacity ammunition
feeding device'' after ``firearms or ammunition'' each
place the term appears; and
(C) by striking ``or (k)'' and inserting ``(k), or
(v)'';
(2) in paragraph (2)(C), by inserting ``or large capacity
ammunition feeding devices'' after ``firearms or quantities of
ammunition''; and
(3) in paragraph (3)(E), by inserting ``922(v),'' after
``922(n),''.
SEC. 4. PENALTIES.
Section 924(a)(1)(B) of title 18, United States Code, is amended by
striking ``or (q)'' and inserting ``(q), or (v)''.
SEC. 5. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR LARGE CAPACITY
AMMUNITION FEEDING DEVICES.
Section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3751(a)(1)) is amended by adding at the end the
following:
``(H) Compensation for surrendered large capacity
ammunition feeding devices, as that term is defined in
section 921 of title 18, United States Code, under buy-
back programs for large capacity ammunition feeding
devices.''.
SEC. 6. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby. | High-Capacity Ammunition Magazine Ban of 2013 - Amends the Brady Handgun Violence Prevention Act to prohibit the importation, sale, manufacture, transfer, or possession, in or affecting interstate or foreign commerce, of a large capacity ammunition feeding device. Defines a "large capacity ammunition feeding device" to: (1) mean a magazine, belt, drum, feed strip, or similar device that has an overall capacity of, or that can be readily changed to accept, more than 10 rounds of ammunition; and (2) exclude an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. Provides exemptions for: (1) devices lawfully possessed before this Act's enactment; (2) federal, state, and local agencies and law enforcement officers; (3) licensees under the Atomic Energy Act for on-site security, off-site training, and transportation of nuclear materials; and (4) authorized testing or experimentation by a licensed firearms manufacturer or importer. Requires a device manufactured after this Act's enactment to be identified by a serial number and the date it was manufactured conspicuously engraved or cast on the device. Sets penalties for violations. Subjects devices used or involved in knowing violation of such Act to seizure and forfeiture. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of Edward Byrne Memorial Justice Assistance Grants for buy-back programs for surrendered large capacity ammunition feeding devices. | {"src": "billsum_train", "title": "High-Capacity Ammunition Magazine Ban of 2013"} | 1,515 | 341 | 0.676121 | 2.059118 | 0.785416 | 4.088652 | 4.900709 | 0.882979 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Cooperation Against
Terrorism Act of 2002''.
SEC. 2. ELECTRONIC TRANSMISSION OF PASSENGER MANIFESTS.
Section 44909(c) of title 49, United States Code, is amended by
adding at the end the following new paragraph:
``(6) Penalties.--In addition to any other penalties, any
air carrier or foreign air carrier that does not electronically
transmit data through the advanced passenger information system
established under section 431 of the Tariff Act of 1930 (19
U.S.C. 1431) (``APIS'') shall be subject to the following
penalties:
``(A) Within 60 days after the date of enactment of
the International Cooperation Against Terrorism Act of
2002, a fine of $5,000 for every flight of that carrier
that does not submit complete and accurate data in the
electronic manifest for at least 85 percent of the
passengers and crew of such flight.
``(B) Within 120 days after the date of enactment
of the International Cooperation Against Terrorism Act
of 2002, a fine of $7,000 for every flight of that
carrier that does not submit complete and accurate data
in the electronic manifest for 100 percent of the
passengers and crew of such flight.
``(C) Within 210 days after the date of enactment
of the International Cooperation Against Terrorism Act
of 2002, the United States Customs Service shall revoke
the landing rights of an air carrier or foreign air
carrier that does not submit complete and accurate data
in the electronic manifest for 100 percent of the
passengers and crew of every flight of such carrier.''.
SEC. 3. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR AIR CARGO.
Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 1431(b)) is
amended--
(1) by striking ``Any manifest'' and inserting ``(1) In
general.--Any manifest''; and
(2) by adding at the end the following new paragraph:
``(2) Cargo manifest.--
``(A) Requirement.--In addition to any other
requirement under this section, the pilot, operator, or
owner (or the authorized agent of such owner or
operator) of every aircraft required to make entry or
obtain clearance under the customs laws of the United
States shall electronically transmit the cargo manifest
information described in subparagraph (B) in advance of
such entry or clearance in such manner, time, and form
as the Secretary shall prescribe. The Secretary may
exclude any class of aircraft from the requirements of
this subparagraph if the Secretary determines that such
requirements are not necessary.
``(B) Content.--The cargo manifest for each
aircraft shall consist of the following information:
``(i) The port or place of arrival or
departure.
``(ii) The carrier code, prefix code, or
both.
``(iii) The flight, voyage, or trip number.
``(iv) The date of scheduled arrival or
date of scheduled departure.
``(v) The request for permit to proceed to
the destination, if applicable.
``(vi) The numbers and quantities from the
air carrier's master bill of lading.
``(vii) The first port of lading of the
cargo.
``(viii) A description, including the
weight, of any cargo that is not in a sealed
container.
``(ix) The shipper's declared description,
including the weight, of any cargo that is in a
sealed container.
``(x) The shippers name and address from
all bills of lading.
``(xi) The consignee's name and address
from all bills of lading.
``(xii) Information regarding any
discrepancies between the quantities listed on
the bill of lading and the actual quantity on
board.
``(xiii) Transfer or transit information
for the cargo while it has been under the
control of the air carrier.
``(xiv) Warehouse or other location of the
cargo while it has been under the control of
the air carrier.
``(xv) Any additional information that the
Secretary by regulation determines is
reasonably necessary to ensure aviation
transportation safety.
``(C) Certain verification not required.--Nothing
in subparagraph (B)(xii), shall require an air carrier
to verify boarded quantities of cargo in sealed
containers.
``(D) Notice.--The Commissioner of Customs shall
notify all air carriers of the requirements of this
paragraph.
``(E) Enforcement.--In addition to any other
penalties, any air carrier that does not comply with
the requirements of this paragraph shall be subject to
the following penalties:
``(i) Within 60 days after the date of
enactment of the International Cooperation
Against Terrorism Act of 2002, a fine of $5,000
for every flight of that carrier that does not
submit complete and accurate data for at least
85 percent of the cargo of such flight.
``(ii) Within 120 days after the date of
enactment of the International Cooperation
Against Terrorism Act of 2002, a fine of $7,000
for every flight of that carrier that does not
submit complete and accurate data for 100
percent of the cargo of such flight.
``(iii) Within 210 days after the date of
enactment of the International Cooperation
Against Terrorism Act of 2002, the United
States Customs Service shall revoke the landing
rights of the air carrier that does not submit
complete and accurate data for 100 percent of
the cargo of every flight of such carrier.
``(F) Definition.--In this paragraph, the term `air
carrier' has the meaning given the terms `air carrier'
and `foreign air carrier' in section 40102 of title 49,
United States Code.''.
SEC. 4. OVERSIGHT OF CHARITABLE ORGANIZATIONS CONNECTED TO TERRORIST
ACTIVITIES.
(a) Reporting Requirements.--The President, in consultation with
the task force described in subsection (b)(1), is authorized to
conclude agreements with foreign countries under which the governments
of those countries agree to require each qualified charitable
organization operating in any of those countries to report--
(1) the overall sources of the organization's funds,
including amounts received from fundraising, amounts received
from sales, and amounts received from the holding of events;
(2) the names of the organization's officers and directors;
(3) an itemization of the organization's expenses; and
(4) a description of all lobbying and political activities
of the organization.
(b) Task Force.--
(1) In general.--The task force referred to in subsection
(a) means an interagency task force consisting of 3
representatives from each of the Department of State, the
Department of the Treasury, and the Department of Justice for
the purpose of coordinating the activities of the United States
Government with respect to the activities of charitable
organizations abroad.
(2) International cooperation.--The members of the task
force shall cooperate with appropriate counterpart
representatives of any foreign country with which the United
States seeks to conclude, or to implement, an agreement under
subsection (a).
(c) Report.--The task force described in subsection (b) shall
report to the Speaker of the House of Representatives and the President
pro tempore of the Senate on its progress not later than 6 months after
the date of enactment of this Act and every 6 months thereafter on its
progress. Each such report shall include a list of countries that are
cooperating with the task force and a description of the degree of
cooperation or noncooperation of the foreign countries with which the
President has sought to conclude an agreement under subsection (a).
(d) Qualified Charitable Organization Defined.--In this section,
the term ``qualified charitable organization'' means a charitable
organization that has been identified by the task force as an
organization that sponsors, funds, receives funds from, or supports
terrorist organizations.
SEC. 5. EXPORT LICENSE REQUIRED.
Section 6(j) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)) is amended--
(1) by amending paragraph (1), to read as follows:
``(1) A validated license shall be required for the export
of goods or technology to a country if the Secretary of State
determines that--
``(A) the government of such country--
``(i) is not cooperating with the United
States antiterrorism efforts, including failing
to freeze the bank accounts of entities
supporting terrorist activities, or failing to
share intelligence information regarding
terrorist organizations with the United States;
or
``(ii) has repeatedly provided support for
acts of international terrorism; and
``(B) with respect to a country described in
subparagraph (A), the export of such goods or
technology could make a significant contribution to--
``(i) the military potential of such
country, including its military logistics
capability, or could enhance the ability of
such country to support acts of international
terrorism; or
``(ii) the development of the country's
ability to explore for, extract, refine, or
transport petroleum or natural gas.'';
(2) in paragraph (2), by striking ``Foreign Affairs'' and
inserting ``International Relations and the Committee on Ways
and Means'';
(3) in paragraph (4), in the matter preceding subparagraph
(A), by inserting ``, chairman of the Committee on Ways and
Means, and the chairman of the Committee on International
Relations'' after ``the Speaker'';
(4) in paragraph (4)(A)--
(A) by inserting ``at least 45 days'' after
``(A)'';
(B) in clause (ii), by striking ``and'';
(C) in clause (iii), by striking ``or''; and
(D) by adding at the end the following:
``(iv) that government is cooperating with United
States antiterrorism efforts; and
``(v) that government has provided assurances that
it will cooperate with future efforts to fight
terrorism; or'';
(5) in paragraph (4)(B)--
(A) in clause (i), by striking ``and'';
(B) in clause (ii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(iii) the government concerned has taken action
to cooperate with antiterrorism efforts during the
preceding 6-month period; and
``(iv) the government concerned has provided
assurances that it will support efforts to fight
terrorism in the future.''; and
(6) in paragraph (5)--
(A) in subparagraph (E), by striking ``and'';
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) an analysis of the impact of the proposed
export or transfer on the development of the foreign
country's ability to explore for, extract, refine, or
transport petroleum or natural gas and the effects on
the surrounding countries' petroleum or natural gas
resources and the ability to explore for these
resources.''.
SEC. 6. CONDITIONAL SANCTIONS REGARDING INVESTMENT.
(a) Foreign Investment Controls.--
(1) In general.--Notwithstanding any other provision of
law, a validated license shall be required for the financial
investment by a United States person in a foreign country if
the President determines that the government of such country is
not cooperating with United States antiterrorism efforts,
including freezing the bank accounts of entities supporting
terrorist activities, and sharing intelligence information
regarding terrorist organizations with the United States.
(2) United states person defined.--In this section, the
term ``United States person'' means--
(A) a United States citizen;
(B) a partnership, corporation, or other legal
entity organized under the laws of the United States;
or
(C) a partnership, corporation, or other legal
entity that is organized under the laws of a foreign
country and is controlled by entities described in
subparagraph (B) or United States citizens, or both.
(b) Prohibition on Licenses.--A license described in subsection (a)
shall not be issued if the President determines that the proposed
financial investment would make a significant contribution to--
(1) the military potential of the foreign country,
including its military logistics capability; or
(2) the development of the foreign country's ability to
explore for, extract, refine, or transport petroleum or natural
gas.
(c) Publication.--Each determination of the President under
subsection (a), shall be published in the Federal Register.
(d) Notification.--The President shall notify the Committee on
International Relations and the Committee on Ways and Means of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs and the Committee on Foreign Relations of the Senate at
least 30 days before issuing any validated license required by
subsection (a).
(e) Content of Notification.--The President shall include in the
notification required by subsection (d)--
(1) a detailed description of the investment to be offered
for which a license to invest is sought;
(2) the reasons why the foreign country or international
organization to which the investment is proposed to be made
needs the investment and a description of the manner in which
such country or organization intends to use such investment;
(3) an analysis of the impact of the proposed investment on
the military capabilities of the foreign country or
international organization to which such investment would be
made;
(4) an analysis of the manner in which the proposed
investment would affect the relative military strengths of
countries in the region to which the investment is being
delivered and whether other countries in the region have
comparable kinds and amounts of investments;
(5) an analysis of the impact of the proposed investment on
the development of the foreign country's ability to explore
for, extract, refine, or transport by petroleum or natural gas
and the effects on the surrounding countries' petroleum or
natural gas resources and ability to explore for these
resources; and
(6) an analysis of the impact of the proposed investment on
the United States relations with the countries in the region to
which the investment is being delivered.
(f) Rescission.--A determination made by the President under
subsection (a) may not be rescinded unless the President submits to the
chairman of the Committee on International Relations and to the
chairman of the Committee on Ways and Means of the House of
Representatives, to the chairman of the Committee on Banking, Housing,
and Urban Affairs and the chairman of the Committee on Foreign
Relations of the Senate, at least 45 days before the proposed
rescission would take effect, a report certifying that--
(1) there has been a fundamental change in the policies of
the government of the country concerned;
(2) the government is cooperating with United States
antiterrorism efforts;
(3) the government has provided assurances that it will
cooperate with future efforts to fight terrorism; or
(4) the reasons why the proposed investment is in the
national security interest of the United States.
SEC. 7. ANNUAL REPORT.
The President shall, not later than 30 days after the date of
enactment of this Act, and not later than December 31 of each year
thereafter, submit a report to the Committee on International Relations
and the Committee on Ways and Means of the House of Representatives,
and to the Committee on Banking, Housing, and Urban Affairs and the
Committee on Foreign Relations of the Senate, evaluating the
implementation of the provisions of the International Cooperation
Against Terrorism Act of 2002 and the amendments made by such Act. | International Cooperation Against Terrorism Act of 2002 - Amends Federal aviation law to establish certain civil penalties for domestic and foreign air carriers which do not transmit passenger and crew manifest data electronically for each flight through the advanced passenger information system (APIS) to the Commissioner of Customs.Amends the Tariff Act of 1931 to require the pilot, operator, or owner of every aircraft required to make entry or obtain clearance under the U.S. customs laws to transmit certain cargo manifest information electronically in advance in the manner, time, and form the Secretary of the Treasury shall prescribe. Specifies civil penalties for noncompliance with such requirements.Authorizes the President to conclude agreements with foreign countries in which such countries agree to require charitable organizations identified as supporting terrorist organizations to report certain information, including the overall sources of organization funds.Amends the Export Administration Act of 1979 to revise the requirement of a validated license for the export of goods or technology to a foreign country supporting international terrorism. Extends such requirement to a country if the Secretary of State determines that: (1) the government of the country is not cooperating with U.S. antiterrorism efforts, including failing to freeze the bank accounts of entities supporting terrorist activities, or failing to share intelligence information regarding terrorist organizations with the United States; and (2) the export to the country of such goods or technology could make a significant contribution to the development of the country's ability to explore for, extract, refine, or transport petroleum or natural gas.Requires a validated license for the financial investment by a U.S. person in a foreign country if the President makes determinations about the country similar to those relating to the export of goods or technology. | {"src": "billsum_train", "title": "A bill to improve antiterrorism efforts, and for other purposes."} | 3,461 | 373 | 0.599207 | 1.83233 | 0.7979 | 3.68038 | 10.43038 | 0.927215 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerating Individuals into the
Workforce Act''.
SEC. 2. DEMONSTRATION PROJECTS TO SUPPORT SUBSIDIZED EMPLOYMENT FOR
TANF RECIPIENTS TO ENTER THE WORKFORCE.
Section 403 of the Social Security Act (42 U.S.C. 603) is amended
by adding at the end the following:
``(c) Subsidized Employment Demonstration Projects.--
``(1) In general.--The Secretary shall make grants to
States to conduct demonstration projects, at least one of which
shall fund programs that offer apprenticeships registered under
the Act of August 16, 1937 (commonly known as the `National
Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.), designed to implement and evaluate strategies that
provide wage subsidies to enable low-income individuals to
enter into and retain employment in an in-demand industry
sector or occupation identified by the appropriate State or
local workforce development board.
``(2) Application requirements.--The Secretary shall
require each State that applies for a grant under this
subsection to do the following:
``(A) Describe how wage subsidies will be provided
(such as whether paid directly to the employer or the
individual), the duration of the subsidies, the amount
of the subsidies, the structure of the subsidies, and
how employers will be recruited to participate in the
subsidized employment program.
``(B) Describe how the State expects those
participating in subsidized employment to be able to
retain employment after the subsidy ends.
``(C) Describe how the State will coordinate
subsidized employment funded under this subsection with
other efforts to help low-income individuals, including
individuals displaced or relocated from a public
housing authority to an alternative public housing
facility or placed on rental assistance, enter work as
conducted by the State.
``(D) Describe how the State will coordinate
subsidized employment funded under this subsection with
the Federal Work-Study Program, career pathway (as
defined in section 3(7) of the Workforce Innovation and
Opportunity Act) services, and other Federal programs
to help low-income individuals complete education and
training programs and enter the workforce.
``(3) Use of funds.--
``(A) In general.--A State to which a grant is made
under this subsection may use the grant to subsidize
the wages of an eligible recipient for a period not
exceeding 12 months, and only to the extent that the
total of the funds paid under this project and any
other Federal funds so used with respect to the
recipient does not exceed 50 percent of the amount of
the wages received by the recipient during the period.
``(B) Eligible recipient.--For purposes of
subparagraph (A), an eligible recipient is--
``(i)(I) a recipient of assistance under
the State program funded under this part or any
other State program funded with qualified State
expenditures (as defined in section
409(a)(7)(B)(i)); or
``(II) a noncustodial parent of a minor
child who is receiving assistance referred to
in subclause (I);
``(ii) who, at the time the subsidy begins,
is unemployed; and
``(iii) whose income, at that time, is less
than 200 percent of the poverty line (as
defined by the Office of Management and Budget,
and revised annually in accordance with section
673(2) of the Omnibus Budget Reconciliation Act
of 1981 (42 U.S.C. 9902(2))).
``(4) Limitations.--
``(A) Nondisplacement.--A State to which a grant is
made under this subsection shall ensure that no
participant in a subsidized job program funded in whole
or in part under this subsection is employed or
assigned to a job under the program--
``(i) when any other individual is on
layoff from the same or any substantially
equivalent job; or
``(ii) if the employer has terminated the
employment of any regular employee or otherwise
caused an involuntary reduction of its
workforce in order to fill the vacancy so
created with an adult described in paragraph
(1).
``(B) Grievance procedure.--A State with a program
funded under this subsection shall establish and
maintain a grievance procedure for resolving complaints
of alleged violations of subparagraph (A).
``(C) No preemption.--Nothing in this paragraph
shall preempt or supersede any provision of State or
local law that provides greater protection for
employees from displacement.
``(5) Reports.--As a condition of receiving funds under
this subsection for a fiscal year, a State shall submit to the
Secretary, within 6 months after the end of the fiscal year, a
report that--
``(A) specifies, for each month of the fiscal year,
the number of individuals whose employment is
subsidized with these funds and the percentage of such
individuals whose employment is in an area that matches
their previous training and work experience;
``(B) describes the structure of the State
activities to use the funds to subsidize employment,
including the amount and duration of the subsidies
provided;
``(C) describes the State's policies in effect
during the fiscal year--
``(i) to ensure nondisplacement as required
under paragraph (4)(A); and
``(ii) to implement grievance procedures as
required in (4)(B), including information on
the number of grievance claims filed in the
preceding fiscal year and the aggregate results
of those claims;
``(D) specifies the percentage of eligible
recipients who received a subsidy who are in
unsubsidized employment during the second quarter after
the subsidy ended;
``(E) specifies the percentage of eligible
recipients who received a subsidy who are in
unsubsidized employment during the fourth quarter after
the subsidy ended;
``(F) specifies the median earnings of eligible
recipients who received a subsidy who are in
unsubsidized employment during the second quarter after
the subsidy ended; and
``(G) specifies the number of eligible recipients
who received a subsidy who concurrently received other
Federal or State means-tested benefits during their
subsidized employment.
``(6) Evaluation.--The Secretary, in consultation with each
State conducting a demonstration project, shall conduct a high-
quality evaluation of the demonstration project, including an
analysis of the project's effect on eligible recipients who
received additional credentialing and training during their
subsidized employment or participation in an apprenticeship or
career pathways program, and may reserve funds made available
under this subsection to conduct the evaluation in accordance
with the following:
``(A) Evaluator qualifications.--The Secretary may
not enter into a contract with an evaluator unless the
evaluator has demonstrated experience in conducting
rigorous evaluations of program effectiveness
including, where available and appropriate, well-
implemented randomized controlled trials.
``(B) Methodologies to be used.--The evaluation of
a demonstration project shall use experimental designs
using random assignment or other reliable, evidence-
based research methodologies that allow for the
strongest possible causal inferences when random
assignment is not feasible.
``(C) Public disclosure.--The Secretary shall
publish the results of the evaluation on the website of
the Department of Health and Human Services in a
location easily accessible by the public.
``(7) Recommendations to congress.--The Secretary shall
submit recommendations to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate on how to increase the employment, retention, and
advancement of individuals currently or formerly receiving
assistance under a State program funded under this part or any
other State program funded with qualified State expenditures
(as defined in section 409(a)(7)(B)(i)). Such recommendations
shall include recommendations on the effects of additional
credentialing and training provided during subsidized
employment or participation in an apprenticeship or career
pathways program. Such recommendations shall include
recommendations on how to address employment-related challenges
in rural areas and among members of federally recognized Indian
tribes.
``(8) Funding.--Of the amounts made available to carry out
subsection (b) for fiscal year 2018, the Secretary shall
reserve $100,000,000 to carry out this subsection.
``(9) Use of certain funds for career pathway programs.--
The Secretary shall use 15 percent of the amounts reserved to
carry out this subsection, to fund programs that offer career
pathway (as defined in section 3(7) of the Workforce Innovation
and Opportunity Act) services.
``(10) Availability of funds.--Funds provided to a State
under this subsection in a fiscal year shall be expended by the
State in the fiscal year or in the succeeding fiscal year.''.
SEC. 3. EFFECTIVE DATE.
The amendment made by this Act shall take effect on October 1,
2017.
Passed the House of Representatives June 23, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Accelerating Individuals into the Workforce Act (Sec. 2) This bill amends title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to require the Administration for Children & Families (ACF) to make grants to states for demonstration projects that provide wage subsidies to enable low-income individuals to enter and retain employment. At least one of these demonstration projects shall fund programs that offer apprenticeships registered under the National Apprenticeship Act. States may use grant funds to subsidize an individual's wages for up to 12 months. The subsidy may be up to 50% of an individual's wages. Individuals are eligible for subsidized wages if they: (1) are recipients of TANF or similar state assistance or a noncustodial parent of a child receiving such assistance, (2) are unemployed when the subsidy begins, and (3) have an income below 200% of the poverty line. States must ensure that participants in subsidized job programs do not displace current workers.The ACF must reserve funding to carry out the bill from amounts in the Contingency Fund for State Welfare Programs. | {"src": "billsum_train", "title": "Accelerating Individuals into the Workforce Act"} | 1,988 | 268 | 0.634836 | 1.858604 | 0.723263 | 2.246377 | 8.821256 | 0.845411 |
SECTION 1. NET OPERATING LOSS OF FARMERS.
(a) Increase in Carryback Years.--Paragraph (1) of section 172(b)
of the Internal Revenue Code of 1986 (relating to net operating loss
carrybacks and carryforwards) is amended by adding at the end the
following new subparagraph:
``(G) Farming losses.--Subparagraph (A)(i) shall be
applied by substituting `10 years' for `2 years' with
respect to the portion of the net operating loss of an
eligible taxpayer (as defined in subsection (i)) for
any taxable year beginning after December 31, 1997, and
ending before January 1, 2000, which is a farming loss
(as so defined) with respect to the taxpayer.''
(b) Definitions and Rules Relating to Farming Losses.--Section 172
of such Code is amended by redesignating subsection (i) as subsection
(j) and inserting after subsection (h) the following new subsection:
``(i) Definitions and Rules Relating to Farming Losses.--For
purposes of this section--
``(1) Farming loss.--
``(A) In general.--The term `farming loss' means
the lesser of--
``(i) the net operating loss of the
taxpayer for the taxable year, or
``(ii) the net operating loss of the
taxpayer for the taxable year determined by
only taking into account items of income and
deduction attributable to 1 or more qualified
farming businesses of the taxpayer.
``(B) Dollar limitation.--
``(i) In general.--The farming loss of a
taxpayer for any taxable year shall not exceed
$200,000.
``(ii) Aggregation rules.--
``(I) In general.--All persons
treated as 1 employer under subsections
(a) or (b) of section 52 shall be
treated as 1 person.
``(II) Pass-thru entity.--In the
case of a partnership, trust, or other
pass-thru entity, the limitation shall
be applied at both the entity and the
owner level.
``(III) Owner.--The limitation
shall be reduced by the amount of
farming loss determined for a
corporation for which the taxpayer is a
50 percent owner in the taxable year of
the corporation ending in the taxable
year of the taxpayer owner.
``(2) Eligible taxpayer.--
``(A) In general.--The term `eligible taxpayer'
means a taxpayer which derives more than 50 percent of
its gross income for the 3-year period beginning 2
years prior to the current taxable year from qualified
farming businesses.
``(B) Qualified farming business.--The term
`qualified farming business' means a trade or business
of farming (within the meaning of section 2032A)--
``(i) with respect to which--
``(I) the taxpayer or a member of
the family of the taxpayer materially
participates (within the meaning of
section 2032A(e)(6)), or
``(II) in the case of a taxpayer
other than an individual, a 20 percent
owner of the taxpayer or a member of
the owner's family materially
participates (as so defined), and
``(ii) which does not receive in excess of
$7,000,000 from sales in a taxable year.
For purposes of clause (i)(II), owners which are
members of a single family shall be treated as a single
owner.
``(3) Owner.--
``(A) 20 percent owner.--The term `20 percent
owner' means any person who would be described in
section 416(i)(1)(B)(i) if `20 percent' were
substituted for `5 percent' each place it appears in
such section.
``(B) 50 percent owner.--The term `50 percent
owner' means any person who would be described in
section 416(i)(1)(B)(i) if `50 percent' were
substituted for `5 percent' each place it appears in
such section.
``(4) Coordination with subsection (b)(2).--For purposes of
applying subsection (b)(2), a farming loss for any taxable year
shall be treated as a separate net operating loss for such
taxable year to be taken into account after the remaining
portion of the net operating loss for such taxable year.
``(5) Election.--Any taxpayer entitled to a 10-year
carryback under subsection (b)(1)(G) from any loss year may
elect to have the carryback period with respect to such loss
year, and any portion of the farming loss for such year,
determined without regard to subsection (b)(1)(G). Such
election shall be made in such manner as may be prescribed by
the Secretary and shall be made by the due date (including
extensions of time) for filing the taxpayer's return for the
taxable year of the net operating loss. Such election, once
made for any taxable year, shall be irrevocable for that
taxable year.'' | Amends the Internal Revenue Code to increase, for a limited period of time, from two to ten the number of years permitted for the carryback of net operating losses for certain farmers. Defines specified terms, including "farming loss." | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase the years for carryback of net operating losses for certain farm losses."} | 1,135 | 54 | 0.556159 | 1.30352 | 0.421104 | 1.217391 | 21.652174 | 0.695652 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal Transshipments Enforcement
Act of 2002''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) The United States textile and apparel sector, which
employs approximately 1,000,000 workers, is being seriously
hurt by smuggling and transshipment of textile and apparel
products.
(2) Tens of thousands of United States textile workers have
lost their jobs because of these illegal activities.
(3) According to industry and government estimates, illegal
textile and apparel smuggling and transshipment totals billions
of dollars per year.
(4) China and other major Asian exporting countries have a
decades-long history of illegally shipping textile and apparel
goods to the United States.
(5) A new avenue of illegal trade which involves the
evasion of duties using countries that have free trade
agreements with the United States has developed and is
particularly harmful to the United States textile and apparel
industry.
(6) This new avenue of trade takes advantage of lax
regulatory and enforcement administration of the in-transit or
in bond programs administered by the Customs Service.
(7) The 1999 Report of the Interagency Commission on Crime
and Security in U.S. Seaports found that--
(A) these goods ``pose the largest risk'' and that
``federal officials do not receive sufficient
information to make admissibility decisions on this
cargo'';
(B) ``in-bond procedures of the United States
Customs Service deny the federal government detailed
information on cargo that is transiting the United
States'';
(C) ``existing statutes, regulations and sentencing
guidelines do not provide sufficient cause to deter
criminal or civil violations related to the import and
export of goods and contraband'';
(D) ``existing criminal sanctions (for illegal
fraud schemes) provide no deterrent value'' and that
``violators view the sentences as minor roadblocks and
a cost of doing business'';
(E) ``criminals can bypass the federal clearance
and inspection process through underreporting, mis-
reporting, or not reporting at all'';
(F) ``the number of inspectors and criminal
investigations has simply not kept pace with the trade
volume'';
(G) ``the lack of effective cargo control . . . has
significant negative economic consequences, ranging
from lost duty and tax revenues to the United States,
to failure to enforce international trade agreements
and restrictions on import or export cargo''; and
(H) ``due to short staffing and limited technology,
inspectors look at only about one percent of
containers.''
(b) Purpose.--The purpose of this Act, and the amendments made by
this Act, is to establish new administrative and regulatory guidelines
which will enable the Customs Service to effectively deter commercial
fraud in the United States, particularly concerning textile and apparel
products.
SEC. 3. CUSTOMS ENFORCEMENT FOR IN-TRANSIT GOODS AND CARGO THEFT.
Notwithstanding any other provision of law, the Secretary of the
Treasury shall require that the following actions are taken:
(1) Not less than 1 out of every 10 containers imported
into the United States, including containers to be sent to
bonded warehouses and foreign-trade zones, shall be inspected,
including through the use of electronic and x-ray screening
equipment.
(2) Prearrival electronic filing of documentation
equivalent to the current entry package not later than 72 hours
prior to arrival shall be required as a condition for release
from the custody of the Customs Service for goods that are in-
transit or in bond.
(3) Technology for screening of goods that are entered into
the United States for consumption shall be applied to all in-
transit goods.
(4) All information in documents filed for exportation of
in-transit goods, including documents from bonded warehouses
and foreign-trade zones, are physically verified.
(5) The Commissioner of the Customs Service shall establish
procedures to physically verify that in-transit goods that are
declared to be exiting the United States are in fact actually
exported from the United States. In addition, the Commissioner
shall coordinate systems with other foreign Customs Services,
particularly those in Mexico and Canada, to assist in verifying
the exportation of goods referred to in the preceding sentence
and to assist those countries in ensuring that such goods, upon
importation, are not declared to be products of the United
States.
(6) Random inspections of at least 1 out of every 10
containers carried on rail cars, barges, pipelines and trucks
after importation shall be required, including importation into
bonded warehouses and foreign-trade zones, and before
exportation of in-transit goods.
(7) Security and background investigations of all employees
of all freight forwarders, booking handlers, and bonded
carriers, including bonded warehousemen and operators of
foreign-trade zones, involved in the import or export of in-
transit goods shall be undertaken.
(8) Ensure that penalties imposed for any violation of any
law or regulation arising from transactions involving in-
transit and in-bond textile and clothing goods and declarations
regarding textile and apparel products made on vessel manifests
are not mitigated.
(9) Establish that a mis-description of a textile or
apparel product, either regarding the quantity or the nature of
the product, on an entry document, a manifest or in-bond or in-
transit documentation is considered a purposeful and
intentional act and constitutes fraud. The penalty, which shall
not be mitigated by the port director or Customs Headquarters,
for such an act is the domestic value of the goods in question.
(10) Increase the total number of field agents, import
specialists, and inspectors dedicated to fraud and cargo
enforcement to equal 25 percent of total number of employees of
the Customs Service.
(11) Establish cargo enforcement teams consisting of
agents, inspectors, and import specialists whose sole function
is the detection of cargo thefts, frauds, and diversions,
including those thefts, frauds, and diversions occurring in
bonded warehouses and foreign-trade zones.
(12) Establish a cargo fraud enforcement unit in the
headquarters of the Customs Service that is composed of special
agents, inspectors, and import specialists whose sole function
is to manage, direct, and provide oversight of the program and
which includes goods destined for bonded warehouses and
foreign-trade zones.
(13) Conduct all inspections at ports and eliminate
centralized inspection stations outside of ports. Establish
rail inspection facilities within proximity of the border at
all rail entry points. Ensure that container rail traffic is
inspected to the same extent as container port traffic.
SEC. 4. PUNISHMENT OF CARGO THEFT.
(a) In General.--Section 659 of title 18, United States Code, is
amended--
(1) by striking ``with intent to convert to his own use''
each place that term appears;
(2) in the first undesignated paragraph--
(A) by inserting ``trailer,'' after
``motortruck,'';
(B) by inserting ``air cargo container,'' after
``aircraft,''; and
(C) by inserting ``, or from any intermodal
container, trailer, container freight station,
warehouse, or freight consolidation facility,'' after
``air navigation facility'';
(3) in the fifth undesignated paragraph, by striking ``one
year'' and inserting ``3 years'';
(4) in the penultimate undesignated paragraph, by inserting
after the first sentence the following: ``For purposes of this
section, goods and chattel shall be construed to be moving as
an interstate or foreign shipment at all points between the
point of origin and the final destination (as evidenced by the
waybill or other shipping document of the shipment), regardless
of any temporary stop while awaiting transshipment or
otherwise.'; and
(5) by adding at the end the following:
``It shall be an affirmative defense (on which the defendant bears
the burden of persuasion by a preponderance of the evidence) to an
offense under this section that the defendant bought, received, or
possessed the goods, chattels, money, or baggage at issue with the sole
intent to report the matter to an appropriate law enforcement officer
or to the owner of the goods, chattels, money, or baggage.''.
(b) Federal Sentencing Guidelines.--Pursuant to section 994 of
title 28, United States Code, the United States Sentencing Commission
shall review the Federal sentencing guidelines under section 659 of
title 18, United States Code, as amended by this section and, upon
completion of the review, promulgate amendments to the Federal
Sentencing Guidelines to provide appropriate enhancement of the
applicable guidelines. | Illegal Transshipments Enforcement Act of 2002 - Directs the Secretary of the Treasury to require: (1) inspection of not less than one of every ten containers imported into the United States; (2) pre-arrival electronic filing of entry documentation within 72 hours prior to arrival for release from Customs Service custody of in-transit or in-bond goods; (3) application of technology for screening goods entering the United Stalest all in-transit goods; (4) physical verification of information filed for exportation of in-transit goods; (5) establishment of procedures to verify that in-transit goods that are declared to be exiting the United States are exported; (6) random inspections of at least one of every ten containers carried on rail cars, barges, pipelines, and trucks after importation; (7) security and background investigations of employees of all freight forwarders, booking handlers, and bonded carriers; (8) no mitigation of penalties for violations arising from transactions involving in-transit and in-bond textile and clothing goods and declarations regarding textile and apparel products on vessel manifests; (9) mis-description of a textile or apparel product on an entry document, manifest, or in-bond or in-transit documentation to be considered a purposeful and intentional act constituting fraud; (10) a specified increase in the number of field agents, import specialists, and inspectors dedicated to fraud and cargo enforcement; (11) establishment of a cargo fraud enforcement unit; (13) conduct of all inspections at ports and elimination of centralized inspection stations outside of ports; (14) establishment of rail inspection facilities near the border at all rail entry points; and (15) inspection of container rail traffic to the same extent as container port traffic.Modifies prohibitions regarding cargo theft to: (1) delete the element that it be done with intent to convert the stolen goods to the person's own use; (2) include theft or fraud involving a trailer, air cargo container, or any Intermodal container, trailer, container freight station, warehouse, or freight consolidation facility; (3) increase the term of imprisonment for the theft of cargo valued at not more than $1,000; and (4) make it an affirmative defense that the defendant possessed the goods with the sole intent to report the matter to the owner or an appropriate law enforcement officer.Directs the U.S. Sentencing Commission to review the Federal sentencing guidelines to provide appropriate enhancement for cargo theft. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to take certain actions with respect to the prevention of illegal transshipments, and for other purposes."} | 1,896 | 509 | 0.561381 | 1.831566 | 0.725391 | 3.739496 | 3.796218 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yankton Sioux Tribe and Santee Sioux
Tribe of Nebraska Development Trust Fund Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) by enacting the Act of December 22, 1944, commonly
known as the ``Flood Control Act of 1944'' (58 Stat. 887,
chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved the
Pick-Sloan Missouri River Basin program (referred to in this
section as the ``Pick-Sloan program'')--
(A) to promote the general economic development of
the United States;
(B) to provide for irrigation above Sioux City,
Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the waters impounded for the Fort Randall and Gavins
Point projects of the Pick-Sloan program have inundated the
fertile, wooded bottom lands along the Missouri River that
constituted the most productive agricultural and pastoral lands
of, and the homeland of, the members of the Yankton Sioux Tribe
and the Santee Sioux Tribe;
(3) the Fort Randall project (including the Fort Randall
Dam and Reservoir)--
(A) overlies the western boundary of the Yankton
Sioux Tribe Indian Reservation; and
(B) has caused the erosion of more than 400 acres
of prime land on the Yankton Sioux Reservation
adjoining the east bank of the Missouri River;
(4) the Gavins Point project (including the Gavins Point
Dam and Reservoir) overlies the eastern boundary of the Santee
Sioux Tribe;
(5) although the Fort Randall and Gavins Point projects are
major components of the Pick-Sloan program, and contribute to
the economy of the United States by generating a substantial
amount of hydropower and impounding a substantial quantity of
water, the reservations of the Yankton Sioux Tribe and the
Santee Sioux Tribe remain undeveloped;
(6) the United States Army Corps of Engineers took the
Indian lands used for the Fort Randall and Gavins Point
projects by condemnation proceedings;
(7) the Federal Government did not give Yankton Sioux Tribe
and the Santee Sioux Tribe an opportunity to receive
compensation for direct damages from the Pick-Sloan program,
even though the Federal Government gave 5 Indian reservations
upstream from the reservations of those Indian tribes such an
opportunity;
(8) the Yankton Sioux Tribe and the Santee Sioux Tribe did
not receive just compensation for the taking of productive
agricultural Indian lands through the condemnation referred to
in paragraph (6);
(9) the settlement agreement that the United States entered
into with the Yankton Sioux Tribe and the Santee Sioux Tribe to
provide compensation for the taking by condemnation referred to
in paragraph (6) did not take into account the increase in
property values over the years between the date of taking and
the date of settlement; and
(10) in addition to the financial compensation provided
under the settlement agreements referred to in paragraph (9)--
(A) the Yankton Sioux Tribe should receive an
aggregate amount equal to $34,323,743 for--
(i) the loss value of 2,851.40 acres of
Indian land taken for the Fort Randall Dam and
Reservoir of the Pick-Sloan program; and
(ii) the use value of 408.40 acres of
Indian land on the reservation of that Indian
tribe that was lost as a result of stream bank
erosion that has occurred since 1953; and
(B) the Santee Sioux Tribe should receive an
aggregate amount equal to $8,132,838 for the loss value
of--
(i) 593.10 acres of Indian land located
near the Santee village; and
(ii) 414.12 acres on Niobrara Island of the
Santee Sioux Tribe Indian Reservation used for
the Gavins Point Dam and Reservoir.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(2) Program.--The term ``Program'' means the power program
of the Pick-Sloan Missouri River Basin program, administered by
the Western Area Power Administration.
(3) Santee sioux tribe.--The term ``Santee Sioux Tribe''
means the Santee Sioux Tribe of Nebraska.
(4) Tribal plan.--The term ``Tribal Plan'' means a plan
developed pursuant to section 6.
SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Yankton Sioux Tribe
Development Trust Fund'' (referred to in this section as the ``Fund'').
The Fund shall consist of any amounts deposited in the Fund under this
Act.
(b) Funding.--Out of any money in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall deposit $34,323,743
into the Fund not later than 60 days after the date of enactment of
this Act.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) in interest-bearing obligations
of the United States or in obligations guaranteed as to both principal
and interest by the United States. The Secretary of the Treasury shall
deposit interest resulting from such investments into the Fund.
(d) Payment of Interest to Yankton Sioux Tribe.--
(1) Withdrawal of interest.--Beginning at the end of the
first fiscal year in which interest is deposited into the Fund,
the Secretary of the Treasury shall withdraw the aggregate
amount of interest deposited into the Fund for that fiscal year
and transfer that amount to the Secretary of the Interior for
use in accordance with paragraph (2). Each amount so
transferred shall be available without fiscal year limitation.
(2) Payments to yankton sioux tribe.--
(A) In general.--The Secretary of the Interior
shall use the amounts transferred under paragraph (1)
only for the purpose of making payments to the Yankton
Sioux Tribe, as such payments are requested by that
Indian tribe pursuant to tribal resolution.
(B) Limitation.--Payments may be made by the
Secretary of the Interior under subparagraph (A) only
after the Yankton Sioux Tribe has adopted a Tribal
Plan.
(C) Use of payments by yankton sioux tribe.--The
Yankton Sioux Tribe shall use the payments made under
subparagraph (A) only for carrying out projects and
programs under the Tribal Plan.
(D) Pledge of future payments.--
(i) In general.--Subject to clause (ii),
the Yankton Sioux Tribe may enter into an
agreement under which that Indian tribe pledges
future payments under this paragraph as
security for a loan or other financial
transaction.
(ii) Limitations.--The Yankton Sioux
Tribe--
(I) may enter into an agreement
under clause (i) only in connection
with the purchase of land or other
capital assets; and
(II) may not pledge, for any year
under an agreement referred to in
clause (i), an amount greater than 40
percent of any payment under this
paragraph for that year.
(e) Transfers and Withdrawals.--Except as provided in subsections
(c) and (d)(1), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
SEC. 5. SANTEE SIOUX TRIBE OF NEBRASKA DEVELOPMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Santee Sioux Tribe of
Nebraska Development Trust Fund'' (referred to in this section as the
``Fund''). The Fund shall consist of any amounts deposited in the Fund
under this Act.
(b) Funding.--Out of any money in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall deposit $8,132,838
into the Fund not later than 60 days after the date of enactment of
this Act.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) in interest-bearing obligations
of the United States or in obligations guaranteed as to both principal
and interest by the United States. The Secretary of the Treasury shall
deposit interest resulting from such investments into the Fund.
(d) Payment of Interest to Santee Sioux Tribe.--
(1) Withdrawal of interest.--Beginning at the end of the
first fiscal year in which interest is deposited into the Fund,
the Secretary of the Treasury shall withdraw the aggregate
amount of interest deposited into the Fund for that fiscal year
and transfer that amount to the Secretary of the Interior for
use in accordance with paragraph (2). Each amount so
transferred shall be available without fiscal year limitation.
(2) Payments to santee sioux tribe.--
(A) In general.--The Secretary of the Interior
shall use the amounts transferred under paragraph (1)
only for the purpose of making payments to the Santee
Sioux Tribe, as such payments are requested by that
Indian tribe pursuant to tribal resolution.
(B) Limitation.--Payments may be made by the
Secretary of the Interior under subparagraph (A) only
after the Santee Sioux Tribe has adopted a Tribal Plan.
(C) Use of payments by santee sioux tribe.--The
Santee Sioux Tribe shall use the payments made under
subparagraph (A) only for carrying out projects and
programs under the Tribal Plan.
(D) Pledge of future payments.--
(i) In general.--Subject to clause (ii),
the Santee Sioux Tribe may enter into an
agreement under which that Indian tribe pledges
future payments under this paragraph as
security for a loan or other financial
transaction.
(ii) Limitations.--The Santee Sioux Tribe--
(I) may enter into an agreement
under clause (i) only in connection
with the purchase of land or other
capital assets; and
(II) may not pledge, for any year
under an agreement referred to in
clause (i), an amount greater than 40
percent of any payment under this
paragraph for that year.
(e) Transfers and Withdrawals.--Except as provided in subsections
(c) and (d)(1), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
SEC. 6. TRIBAL PLANS.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the tribal council of each of the Yankton Sioux
and Santee Sioux Tribes shall prepare a plan for the use of the
payments to the Indian tribe under section 4(d) or 5(d).
(b) Contents of Tribal Plan.--Each Tribal Plan shall provide for
the manner in which the Indian tribe covered under the Tribal Plan
shall expend payments to the Indian tribe under this Act to promote--
(1) economic development;
(2) infrastructure development;
(3) the educational, health, recreational, and social
welfare objectives of the Indian tribe and its members; or
(4) any combination of the activities described in
paragraphs (1), (2), and (3).
(c) Tribal Plan Review and Revision.--
(1) In general.--Each tribal council referred to in
subsection (a) shall make available for review and comment by
the members of the Indian tribe a copy of the Tribal Plan for
the Indian tribe before the Tribal Plan becomes final, in
accordance with procedures established by the tribal council.
(2) Updating of tribal plan.--Each tribal council referred
to in subsection (a) may, on an annual basis, revise the Tribal
Plan prepared by that tribal council to update the Tribal Plan.
In revising the Tribal Plan under this paragraph, the tribal
council shall provide the members of the Indian tribe
opportunity to review and comment on any proposed revision to
the Tribal Plan.
SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES.
(a) In General.--No payment made to the Yankton Sioux Tribe or
Santee Sioux Tribe pursuant to this Act shall result in the reduction
or denial of any service or program to which, pursuant to Federal law--
(1) the Yankton Sioux Tribe or Santee Sioux Tribe is
otherwise entitled because of the status of the Indian tribe as
a federally recognized Indian tribe; or
(2) any individual who is a member of a Indian tribe under
paragraph (1) is entitled because of the status of the
individual as a member of the Indian tribe.
(b) Exemptions From Taxation.--No payment made pursuant to this Act
shall be subject to any Federal or State income tax.
(c) Power Rates.--No payment made pursuant to this Act shall affect
Pick-Sloan Missouri River Basin power rates.
SEC. 8. STATUTORY CONSTRUCTION.
Nothing in this Act may be construed as diminishing or affecting
any water right of an Indian tribe, except as specifically provided in
another provision of this Act, any treaty right that is in effect on
the date of enactment of this Act, any authority of the Secretary of
the Interior or the head of any other Federal agency under a law in
effect on the date of enactment of this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, including such sums as may be necessary for the
administration of the Yankton Sioux Tribe Development Trust Fund under
section 4 and the Santee Sioux Tribe of Nebraska Development Trust Fund
under section 5. | Directs the tribal council of each Tribe to prepare a Tribal Plan for using payments for carrying out projects and programs to promote: (1) economic development; (2) infrastructure development; or (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members.
Prohibits any payment made to either Tribe pursuant to this Act from: (1) resulting in the reduction or denial of any service or program to which the Tribe or any member of the Tribe is otherwise entitled because of federally recognized status; (2) being subject to any Federal or State income tax; or (3) affecting Pick-Sloan Missouri River Basin power rates.
Authorizes appropriations. | {"src": "billsum_train", "title": "Yankton Sioux Tribe and Santee Sioux Tribe of Nebraska Development Trust Fund Act"} | 3,240 | 147 | 0.479421 | 1.375295 | 0.591734 | 4.934307 | 19.970803 | 0.948905 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Video Choice Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Cable rates continue to rise substantially faster than
the overall rate of inflation.
(2) Wire-based competition in video services is limited to
very few markets. According to the Federal Communications
Commission, only 2 percent of all cable subscribers have the
opportunity to choose between 2 or more wire-based video
service providers.
(3) It is only through wire-based video competition that
price competition exists. The Government Accountability Office
has confirmed that where wire-based competition exists, cable
rates are 15 percent lower than in markets without competition.
(4) It is in the public interest to further wire-based
competition in the video services market in order to provide
greater consumer choice and lower prices for video services.
(5) To spur competition in the communications industry,
Congress has decreased the regulatory burden on new entrants,
thereby increasing entry into the market and creating
competition.
(6) The United States continues to fall behind in broadband
deployment rates. According to a recent study by the
International Telecommunications Union, the United States is
now ranked 16th in the world in broadband deployment.
(7) The deployment of advanced high capacity networks would
greatly spur economic development in rural America.
(8) The deployment of advanced networks that can offer
substantially higher capacity are critical to the long-term
competitiveness of the United States.
SEC. 3. AMENDMENT TO COMMUNICATIONS ACT.
Title VI of the Communication Act of 1934 (47 U.S.C. 521 et seq.)
is amended by adding at the end the following:
``PART VI--VIDEO CHOICE
``SEC. 661. DEFINITION.
``In this part, the term `competitive video services provider'
means any provider of video programming, interactive on-demand
services, other programming services, or any other video services who
has any right, permission, or authority to access public rights-of-way
independent of any cable franchise obtained pursuant to section 621 or
pursuant to any other Federal, State, or local law.
``SEC. 662. REGULATORY FRAMEWORK.
``(a) Redundant Franchises Prohibited.--Notwithstanding any other
provision of this Act, no competitive video services provider may be
required, whether pursuant to section 621 or to any other provision of
Federal, State, or local law, to obtain a franchise in order to provide
any video programming, interactive on-demand services, other
programming services, or any other video services in any area where
such provider has any right, permission, or authority to access public
rights-of-way independent of any cable franchise obtained pursuant to
section 621 or pursuant to any other Federal, State, or local law.
``(b) Fees.--
``(1) In general.--Any competitive video services provider
who provides a service that otherwise would qualify as a cable
service provided over a cable system shall be subject to the
payment of fees to a local franchise authority based on the
gross revenues of such provider that are attributable to the
provision of such service within such provider's service area.
``(2) Considerations.--In determining the fees required by
this subsection--
``(A)(i) the rate at which fees are imposed shall
not exceed the rate at which franchise fees are imposed
on any cable operator providing cable service in the
franchise area, as determined in accordance with
section 622 and any related regulations; or
``(ii) in any jurisdiction in which no cable
operator provides service, the rate at which franchise
fees are imposed shall not exceed the statewide
average; and
``(B) the only revenues that shall be considered
are those attributable to services that would be
considered in calculating franchise fees if such
provider were deemed a cable operator for purposes of
section 622 and any related regulations.
``(3) Billing.--A competitive video services provider shall
designate that portion of the bill of a subscriber attributable
to the fee under paragraph (2) as a separate item on the bill.
``(c) Terms of Service.--A competitive video services provider
shall--
``(1) be subject to the retransmission consent provisions
of section 325(b);
``(2)(A) carry, within each local franchise area, any
public, educational, or governmental use channels that are
carried by cable operators within such franchise area pursuant
to section 611; or
``(B) provide, in any jurisdiction in which no cable
operator provides service, reasonable public, educational and
government access facilities pursuant to section 611;
``(3) be subject to the must-carry provisions of section
614;
``(4) carry noncommercial, educational channels as required
by section 615;
``(5) be considered a multichannel video programming
distributor for purposes of section 628 and be entitled to the
benefits and protection of that section;
``(6) protect the personally identifiable information of
its subscribers as required in section 631;
``(7) comply with any consumer protection and customer
service requirements promulgated by the Commission pursuant to
section 632;
``(8) not be subject to any other provisions of this title;
and
``(9) not deny services to any group of potential
residential subscribers because of the income of the residents
of the local area in which such group resides.
``(d) Regulatory Treatment.--Except to the extent expressly
provided in this part, neither the Commission nor any State or
political subdivision thereof may regulate the rates, charges, terms,
conditions for, entry into, exit from, deployment of, provision of, or
any other aspect of the services provided by a competitive video
services provider.
``(e) State and Local Government Authority.--Except as provided in
subsection (a), nothing in this section affects the authority of a
State or local government to manage the public rights-of-way or to
enact or enforce any consumer protection law.''.
SEC. 4. REGULATION OF COMMON CARRIERS.
Section 651(a)(3) of the Federal Communications Act (47 U.S.C.
571(a)(3)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(C) if such carrier is a competitive video
services provider providing video programming pursuant
to part VI of this title, such carrier shall not be
subject to the requirements of this title but instead
shall be subject only to the provisions of part VI of
this title.''.
SEC. 5. EXISTING FRANCHISE AGREEMENTS.
Any franchise agreement entered into by a franchising authority and
a competitive video service provider for the provision of video service
prior to the date of enactment of this Act shall be exempt from the
provisions of this Act for the term of such agreement. | Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to access public rights-of-way independent of any cable franchise obtained pursuant to any federal, state, or local law. Makes the CVSP be subject to the payment of fees (with limits) to a local franchising authority based on the gross revenue of the CVSP in that area.
Prohibits the Federal Communications Commission (FCC) or any state or political subdivision thereof from regulating the rates or any other aspect of the services provided by a CVSP.
Makes current franchise agreements entered into between a franchising authority and a CVSP exempt from this Act for the term of such agreement. | {"src": "billsum_train", "title": "A bill to promote deployment of competitive video services, eliminate redundant and unnecessary regulation, and further the development of next generation broadband networks."} | 1,534 | 205 | 0.543597 | 1.501513 | 0.966213 | 4.740113 | 8.316384 | 0.898305 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Morris K. Udall Scholarship and
Excellence in National Environmental Policy Amendments Act of 2009''.
SEC. 2. SHORT TITLE.
Section 1 of the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act of 1992
(20 U.S.C. 5601 note; Public Law 102-259) is amended to read as
follows:
``SEC. 1. SHORT TITLE.
``This Act may be cited as the `Morris K. Udall and Stewart L.
Udall Foundation Act'.''.
SEC. 3. FINDINGS.
Section 3 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5601) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) the Foundation--
``(A) since 1995, has operated exceptional
scholarship, internship, and fellowship programs for
areas of study related to the environment and Native
American tribal policy and health care;
``(B) since 1999, has provided valuable
environmental conflict resolution services and
leadership through the United States Institute for
Environmental Conflict Resolution; and
``(C) is committed to continue making a substantial
contribution toward public policy in the future by--
``(i) playing a significant role in
developing the next generation of environmental
and Native American leaders; and
``(ii) working with current leaders to
improve decisionmaking on--
``(I) challenging environmental,
energy, and related economic problems;
and
``(II) tribal governance and
economic issues;
``(6) Stewart L. Udall, as a member of Congress, Secretary
of the Interior, environmental lawyer, and author, has provided
distinguished national leadership in environmental and Native
American policy for more than 50 years;
``(7) as Secretary of the Interior from 1961 to 1969,
Stewart L. Udall oversaw the creation of 4 national parks, 6
national monuments, 8 national seashores and lakeshores, 9
recreation areas, 20 historic sites, and 56 wildlife refuges;
and
``(8) it is fitting that the leadership and vision of
Stewart L. Udall in the areas of environmental and Native
American policy be jointly honored with that of Morris K. Udall
through the foundation bearing the Udall name.''.
SEC. 4. DEFINITIONS.
Section 4 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5602) is amended--
(1) in paragraph (1), by striking ``Morris K. Udall
Scholarship and Excellence in National Environmental Policy'';
(2) in paragraph (5), by striking ``Scholarship and
Excellence in National Environmental Policy'' and inserting
``and Stewart L. Udall''; and
(3) in paragraph (9), by striking ``Scholarship and
Excellence in National Environmental Policy'' and inserting
``and Stewart L. Udall''.
SEC. 5. ESTABLISHMENT OF FOUNDATION.
Section 5 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5603) is amended--
(1) in the section heading, by striking ``scholarship and
excellence in national environmental policy'' and inserting
``and stewart l. udall'';
(2) in subsection (a), by striking ``Scholarship and
Excellence in National Environmental Policy'' and inserting
``and Stewart L. Udall''; and
(3) in subsection (f)(2), by striking ``the rate specified
for employees in level IV of the Executive Schedule under
section 5315 of title 5, United States Code'' and inserting ``a
rate determined by the Board in accordance with section 5383 of
title 5, United States Code''.
SEC. 6. AUTHORITY OF FOUNDATION.
Section 7 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5605) is amended--
(1) in subsection (a)(5)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) to conduct training, research, and other
activities under section 6(7).''; and
(2) by striking subsection (b) and inserting the following:
``(b) Udall Scholars.--Recipients of scholarships, fellowships, and
internships under this Act shall be known as `Udall Scholars', `Udall
Fellows', and `Udall Interns', respectively.''.
SEC. 7. ESTABLISHMENT OF TRUST FUND.
Section 8 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5606) is amended--
(1) in the section heading, by striking ``scholarship and
excellence in national environmental policy'' and inserting
``and stewart l. udall''; and
(2) in subsection (a), by striking ``Scholarship and
Excellence in National Environmental Policy'' and inserting
``and Stewart L. Udall''.
SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND.
Section 9(a) of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5607(a)) is amended by inserting before the period at
the end the following: ``, including a reasonable amount for official
reception and representation expenses, as determined by the Board, not
to exceed $5,000 for a fiscal year''.
SEC. 9. USE OF INSTITUTE BY FEDERAL AGENCY OR OTHER ENTITY.
Section 11 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5607b) is amended by adding at the end the following:
``(f) Agency Management or Control.--Use of the Foundation or
Institute to provide independent and impartial assessment, mediation,
or other dispute or conflict resolution under this section shall not be
considered to be the establishment or use of an advisory committee
within the meaning of the Federal Advisory Committee Act (5 U.S.C.
App.).''.
SEC. 10. ADMINISTRATIVE PROVISIONS.
Section 12(a) of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5608(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1)(A) appoint such personnel as may be necessary to
carry out the provisions of this Act, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service; and
``(B) fix the compensation of the personnel appointed under
subparagraph (A) at a rate not to exceed the maximum rate for
employees in grade GS-15 of the General Schedule under section
5332 of title 5, United States Code, except that up to 4
employees (in addition to the Executive Director under section
5(f)(2)) may be paid at a rate determined by the Board in
accordance with section 5383 of that title.'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) by redesignating paragraph (7) as paragraph (8); and
(4) by inserting after paragraph (6) the following:
``(7) to rent office space in the District of Columbia or
its environs; and''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5609) is amended--
(1) in subsection (a), by striking ``is authorized to be
appropriated to the Trust Fund $40,000,000'' and inserting
``are authorized to be appropriated to the Trust Fund such sums
as are necessary''; and
(2) by striking subsection (b) and inserting the following:
``(b) Environmental Dispute Resolution Fund.--There are authorized
to be appropriated to the Environmental Dispute Resolution Fund
established under section 10(a) such sums as are necessary for the
operating costs of the Institute.''. | Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009 - Amends the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to rename: (1) the Act, the Morris K. Udall and Stewart L. Udall Foundation Act; (2) the Morris K Udall Scholarship and Excellence in National Environmental Policy Trust Fund, the Morris K Udall and Stewart L. Udall Trust Fund; (3) the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation, the Morris K. Udall and Stewart L. Udall Foundation; and (4) Morris K. Udall Scholars, Udall Scholars.
Requires the Executive Director of the Foundation to be paid at a senior executive rate.
Directs the Foundation to award grants to the Udall Center for Studies in Public Policy, at the University of Arizona, to conduct training, research, and other activities with regard to the involvement of Native American and Alaska Native professionals in health care and public policy.
Allows the use of reasonable amounts of the Trust Fund for official reception and representation expenses, not to exceed $5,000 for a fiscal year.
Sets forth administrative provisions that allow the Foundation to: (1) appoint personnel without regard to federal law provisions governing appointments in the competitive service; (2) pay up to four employees, in addition to the Executive Director, at senior executive pay rates; and (3) rent office space in the District of Columbia or its environs.
Authorizes such sums as may be necessary to: (1) the Trust Fund; and (2) the Environmental Dispute Resolution Fund, for the operating costs of the United States Institute for Environmental Conflict Resolution. | {"src": "billsum_train", "title": "A bill to amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to honor the legacy of Stewart L. Udall, and for other purposes."} | 1,912 | 363 | 0.651798 | 2.286804 | 0.855498 | 3.854938 | 5.225309 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Veterans Credit Act of
2016''.
SEC. 2. PURPOSE.
The purpose of this Act is to rectify reporting of medical debt
included in a consumer report of a veteran due to inappropriate or
delayed payment for hospital care or medical services provided pursuant
to section 101 of the Veterans Access, Choice, and Accountability Act
of 2014 (38 U.S.C. 1701 note) and to clarify the process of debt
collection for such medical debt.
SEC. 3. AMENDMENTS TO FAIR CREDIT REPORTING ACT.
(a) Veteran's Choice Medical Debt Defined.--Section 603 of the Fair
Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end
the following:
``(z) Veteran's Choice Medical Debt.--The term `veteran's Choice
medical debt' means a debt of a veteran arising from hospital care or
medical services provided pursuant to section 101 of the Veterans
Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note).
``(aa) Veteran.--The term `veteran' has the meaning given such term
in section 101(2) of title 38, United States Code.''.
(b) Exclusion for Veteran's Choice Medical Debt.--Section 605(a) of
the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at
the end the following:
``(7) Any information related to a veteran's Choice medical
debt if the date on which such debt was placed for collection,
charged to profit or loss, or subjected to any similar action
antedates the report by less than 1 year.
``(8) Any information related to a fully paid or settled
veteran's Choice medical debt that had been characterized as
delinquent, charged off, or in collection.''.
(c) Removal of Veteran's Choice Medical Debt From Consumer
Report.--Section 611 of the Consumer Credit Protection Act (15 U.S.C.
1681i) is amended--
(1) in subsection (a)(1)(A), by inserting ``and except as
provided in subsection (g)'' after ``subsection (f)''; and
(2) by adding at the end the following new subsection:
``(g) Dispute Process for Veteran's Choice Medical Debt.--A
consumer may submit a notice along with proof of participation in the
program established pursuant to section 101 of the Veterans Access,
Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note) to a
consumer reporting agency or a reseller to dispute the inclusion of a
veteran's Choice medical debt on a consumer report of the consumer. Not
later than 30 days after receipt of the notice, the consumer reporting
agency shall delete information relating to the veteran's Choice
medical debt from the file of the consumer and notify the furnisher and
the consumer of that deletion.''.
SEC. 4. COMMUNICATIONS REGARDING VETERAN'S CHOICE MEDICAL DEBT.
(a) In General.--Section 809 of the Fair Debt Collection Practices
Act (15 U.S.C. 1692g) is amended--
(1) in subsection (a), by inserting ``, except for a
veteran's Choice medical debt as described in subsection (f),''
after ``any debt''; and
(2) by adding at the end the following:
``(f) Veteran's Choice Medical Debt.--
``(1) Definitions.--For purposes of this subsection:
``(A) Consumer reporting agency.--The term
`consumer reporting agency' has the meaning given such
term under section 603(f) of the Fair Credit Reporting
Act.
``(B) Veteran.--The term `veteran' has the meaning
given such term in section 101(2) of title 38, United
States Code.
``(C) Veteran's choice medical debt.--The term
`veteran's Choice medical debt' means a debt of a
veteran arising from hospital care or medical services
provided pursuant to section 101 of the Veterans
Access, Choice, and Accountability Act of 2014 (38
U.S.C. 1701 note).
``(2) Communications regarding veteran's choice medical
debt.--Within five days after the initial communication with a
veteran in connection with the collection of a veteran's Choice
medical debt, a debt collector shall, unless the following
information is contained in the initial communication or the
veteran has paid the debt, send the veteran a written notice
containing--
``(A) the amount of the debt;
``(B) the name of the creditor to whom the debt is
owed;
``(C) a statement that unless the veteran, within 1
year after the initial communication, disputes the
validity of the debt, or any portion thereof, the debt
will be assumed to be valid by the debt collector;
``(D) a statement that if the veteran notifies the
debt collector in writing within such 1-year period
that the debt, or any portion thereof, is disputed, the
debt collector will obtain verification of the debt or
a copy of a judgment against the veteran and a copy of
such verification or judgment will be mailed to the
veteran by the debt collector;
``(E) a statement that, upon the veteran's written
request within such 1-year period, the debt collector
will provide the veteran with the name and address of
the original creditor, if different from the current
creditor;
``(F) a statement that the debt collector will not
report the debt to a consumer reporting agency until 1
year after the date on which the debt collector sends
the statement; and
``(G) a statement that the consumer may communicate
with--
``(i) an insurance company to determine
coverage for the debt;
``(ii) the Department of Veterans Affairs
to determine coverage for the debt or repayment
options; or
``(iii) the provider of hospital care or
medical services provided pursuant to section
101 of the Veterans Access, Choice, and
Accountability Act of 2014 (38 U.S.C. 1701
note).
``(3) Collection of veteran's choice medical debt.--If the
veteran notifies the debt collector in writing within the 1-
year period described in paragraph (1) that the veteran's
Choice medical debt, or any portion thereof, is disputed, or
that the veteran requests the name and address of the original
creditor, the debt collector shall cease collection of the
veteran's Choice medical debt, or any disputed portion thereof,
until the debt collector obtains verification of the veteran's
Choice medical debt or a copy of a judgment, or the name and
address of the original creditor, and a copy of such
verification or judgment, or name and address of the original
creditor, is mailed to the veteran by the debt collector.
Collection activities and communications that do not otherwise
violate this title may continue during the 1-year period
referred to in paragraph (1) unless the veteran has notified
the debt collector in writing that the veteran's Choice medical
debt, or any portion of the debt, is disputed or that the
veteran requests the name and address of the original creditor.
Any collection activities and communication during the 1-year
period may not overshadow or be inconsistent with the
disclosure of the veteran's right to dispute the veteran's
Choice medical debt or request the name and address of the
original creditor.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect after the end of
the 90-day period beginning on the date of the enactment of this Act. | Protecting Veterans Credit Act of 2016 This bill amends the Fair Credit Reporting Act to exclude from a consumer report: (1) for one year, information related to a veteran's choice medical program (program) debt; and (2) information related to a fully paid or settled program debt that had been characterized as delinquent, charged off, or in collection. The Consumer Credit Protection Act is amended to provide a mechanism for veterans to dispute the inclusion of program debt already on a credit report. A consumer reporting agency shall, within 30 days after receiving notice of such dispute, delete such information from the veteran's file and notify the furnisher and the veteran. Within five days after the initial communication with a veteran, a debt collector shall, unless the appropriate information is contained in the initial communication or the veteran has paid the debt, send the veteran a written notice containing specified debt-related information, including information concerning debt amount, creditors, the insurance company involved, and the hospital or medical care provider. If a veteran notifies the debt collector within such one-year period that the program debt is disputed or that the veteran requests the name and address of the original creditor, the debt collector shall cease collection until debt verification or the name and address of the original creditor is obtained. | {"src": "billsum_train", "title": "Protecting Veterans Credit Act of 2016"} | 1,725 | 273 | 0.649029 | 1.945198 | 0.743579 | 4.52381 | 6.15873 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Humanities, Arts, and
Resources for Education Networking Act of 2000'' (SHARE Net Act).
SEC. 2. SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The Morrill Acts enacted in 1862 and 1890 brought about
a significant change in the system of education in the United
States by providing for the sale of public lands in the West
and the dedication of the proceeds of those sales to funding
the establishment of practical, accessible land grant colleges
and universities in States across the Nation.
(2) The land grant colleges and universities have a focus
on research, teaching, and outreach, and continue to this day
to be leaders in higher education by providing affordable
access to high-quality postsecondary education.
(3) The land grant colleges and universities also have
emerged as one of the greatest sources of advanced research
that leverages the United States economy and powers the United
States global competitiveness.
(4) The land grant colleges and universities, in
conjunction with the Cooperative State Research, Education, and
Extension Service, serve to disseminate information learned
from research and link research activities to larger societal
needs.
(5) The potential of advanced Internet, digital spectrum,
and other telecommunications technologies to increase the
quality and reach of educational resources has barely been
tapped.
(6) Numerous local and regional educational and community
organizations are repositories of knowledge, information, and
educational resources and programs that, in terms of
accessibility to the potential beneficiaries, are fragmented
and uncoordinated.
(7) The Telecommunications Act of 1996 and the Balanced
Budget Act of 1997 established a framework for the transition
from analog to digital television and for the auction of
publicly-owned analog spectrum.
(8) The auction of the analog spectrum is expected to yield
over $6,000,000,000 in revenues for the Treasury of the United
States.
(9) The analog spectrum, as a valuable, publicly-owned
asset, is today's equivalent of the public lands of the western
frontier of a century ago.
(b) Sense of Congress.--It is the sense of Congress that, following
the principle of the Morrill Acts that public assets be used for
broadening public education, the resources available through the
auction of the analog spectrum should be tapped to fund the development
of a new educational and cultural infrastructure that utilizes today's
technologies to expand the reach and impact of existing high-quality
community educational resources.
SEC. 3. GRANT PROGRAM.
(a) Authority.--
(1) In general.--The Secretary of Education may carry out a
grant program to support efforts to achieve the goal set forth
in subsection (b).
(2) Designation.--A grant awarded under this section shall
be known as a ``SHARE Net Grant''.
(b) Goal.--The goal referred to in subsection (a)(1) is to develop
a comprehensive, accessible, high-tech infrastructure of educational
and cultural resources for non-profit institutions, individuals, and
others for educational purposes through a systematic effort to
coordinate, link, and enhance existing specialized resources and
expertise in public and private cultural and educational institutions.
(c) Eligible Recipients.--Under the grant program the Secretary may
award a grant to any consortium (hereafter in this section referred to
as a ``partnership'') consisting of not less than 3 organizations from
not less than 3 of the following categories of organizations:
(1) Institutions of a higher education.
(2) Libraries.
(3) Public radio and television stations.
(4) Museums.
(5) Arts and cultural institutions.
(6) State educational agencies.
(7) Local educational agencies.
(8) Public interest, not-for-profit organizations.
(d) Use of Grant Funds.--
(1) Mandatory.--A partnership awarded a grant under this
section shall use the grant funds for the following purposes:
(A) Efforts to achieve goal.--To support the
efforts of the partnership to achieve the goal
described in subsection (b).
(B) Survey of available resources.--To survey and
catalogue the educational resources of participants in
the partnership and other institutions in the community
to determine the breadth, quality, and accessibility of
the resources.
(C) Technological linkage.--To link the resources
of the participants and others to each other and to the
larger community through technology.
(D) Strengthening of resources.--To improve the
quality of and develop new educational programming to
address deficiencies in the available resources.
(E) Increased access to resources.--To broaden
access to the available resources.
(2) Permissive.--A partnership awarded a grant under this
section may use the grant funds to provide for cooperative
programs with educational institutions to offer--
(A) high-quality professional development and
training in elementary and secondary education; or
(B) courses leading to a postsecondary degree.
(e) Application for Grant.--Each partnership desiring a grant under
this section shall submit an application to the Secretary of Education
in such form and containing such information as the Secretary may
require. Each such application shall include the following:
(1) Survey of available resources.--A description of how
the partnership will survey the educational resources of the
participants in the partnership and others in relation to the
goal described in subsection (b).
(2) Technological linkage.--A description of how the
partnership will link the resources of the participants and
others to each other and to the larger community through
technology.
(3) Enhancement of resources.--A description of how the
efforts of the partnership will enhance the quality and
interactivity of the resources.
(4) Additional educational programming.--A description of
how the partnership will develop any additional educational
programming determined to be necessary.
(5) Outreach.--A description of how the partnership will
reach out to the larger community, other cultural institutions,
elementary schools, secondary schools, postsecondary
educational institutions, and the public to recruit their
participation and active involvement in the system developed in
order to coordinate, link, and enhance, through technology,
existing specialized resources and expertise in public and
private cultural and educational institutions.
(f) Matching Requirement.--Each partnership receiving a grant under
this section shall provide matching funds, in an amount equal to 50
percent of the amount received under the grant, to support the costs of
activities assisted under the grant.
(g) Priority.--In awarding grants under this section the Secretary
of Education shall give priority to a partnership--
(1) that serves a low-income community; or
(2) with a membership that is broadly representative of the
region or State to be served under the grant.
(h) Geographic Diversity.--To the extent practicable, the Secretary
of Education shall ensure that grants under this section are awarded to
partnerships serving different geographic areas of the United States.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Education to carry out this section
$1,200,000,000 for fiscal year 2001 and such sums as may be necessary
for each of the 4 succeeding fiscal years. | Authorizes the Secretary of Education to carry out a SHARE Net Grant program to develop a comprehensive, accessible, high-tech infrastructure of educational and cultural resources for nonprofit institutions, individuals, and others for educational purposes through a systematic effort to coordinate, link, and enhance existing specialized resources and expertise in public and private cultural and educational institutions.
Allows such grants to be made to partnerships with at least three organizations from at least three of these categories: (1) institutions of a higher education; (2) libraries; (3) public radio and television stations; (4) museums; (5) arts and cultural institutions; (6) State educational agencies; (7) local educational agencies; and (8) public interest, not-for-profit organizations.
Sets forth mandatory and permissible uses of grant funds, and application and matching funds requirements. Requires grant award priority to be given to partnerships that: (1) serve a low-income community; or (2) have a membership that is broadly representative of the region or State to be served.
Authorizes appropriations. | {"src": "billsum_train", "title": "Saving Humanities, Arts, and Resources for Education Networking Act of 2000 (SHARE Net Act)"} | 1,526 | 218 | 0.443296 | 1.275865 | 0.698123 | 5.111628 | 6.767442 | 0.897674 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inactive Reservists Foreclosure
Prevention Act of 2007''.
SEC. 2. MORTGAGE ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Housing and Urban Development
shall carry out a program under this Act to provide mortgage assistance
through the provision of grants and loans for direct mortgage payments
on behalf of eligible households.
(b) Eligible Mortgages.--Mortgage assistance under this Act may be
provided only with respect to a mortgage that meets all of the
following requirements:
(1) Mortgagor requirements.--The mortgagor under the
mortgage--
(A) is a member of an eligible household that
resides in the property that is subject to the
mortgage; and
(B) has not, during the 24-month period ending upon
the date that the mortgagor submits an application for
assistance under this Act, been more than 60 days in
arrears under any mortgage for residential property.
(2) Dwelling requirements.--The property that is subject to
the mortgage is--
(A) designed principally as a residential property;
and
(B) the primary place of residence of the mortgagor
and the mortgagor's household.
SEC. 3. ASSISTANCE PAYMENTS.
(a) Monthly Direct Payment.--The Secretary shall design and
implement the program under this Act in a manner that provides that any
amounts paid by the Secretary for mortgage assistance with respect to
an eligible mortgage are paid on a monthly basis directly to the
mortgagee or other servicer of the mortgage.
(b) Period of Assistance.--
(1) In general.--Payment under the program under this
section with respect to an eligible mortgage may be made only
for scheduled payments due under the terms of the mortgage (as
in effect pursuant to any applicable provisions of law) during
the period that a member of the eligible household who is an
eligible member of the Armed Forces is serving on active duty
for a period of more than 30 days in the Armed Forces.
(2) Extended deployments.--The Secretary shall ensure that
in determining the amount of assistance to be provided with
respect to an eligible mortgage and the period for which such
assistance will be provided, sufficient amounts for such
assistance shall be reserved under the program under this Act
to provide for unpredictability and extensions in the period of
active duty of eligible members of the Armed Forces.
(c) Determination of Amount of Assistance.--Subject to subsection
(d), the Secretary shall determine the amount of assistance to be
provided with respect to an eligible mortgage based upon criteria
established by the Secretary, by regulation.
(d) Limitations on Amount of Assistance.--The amount of assistance
provided under the program under this Act with respect to any eligible
mortgage may not exceed the following amounts:
(1) Monthly amount.--With respect to the assistance payment
for any single month, the amount due to be paid for such month
under the terms of the mortgage (as in effect pursuant to any
applicable provisions of law) for principal, interest, mortgage
insurance for the mortgage, and any scheduled deposit in an
escrow account for the purpose of ensuring payment of taxes,
insurance, assessments, and other charges with respect to the
property subject to the mortgage.
(2) Aggregate amount.--An aggregate amount assistance over
the entire period under subsection (b) that assistance is
provided with respect to the mortgage, which shall be
established by the Secretary taking into consideration the
total amount made available for the program under this Act.
(e) Prevention of Double Payments.--The Secretary shall take
appropriate actions to ensure that, in the case of any payment on an
eligible mortgage paid by a mortgagor for any period for which payment
has already been made under the program under this Act, the mortgagor
or other servicer of the mortgage shall return such payment within a
reasonable period of time or shall immediately credit such payment
toward amortization of the principal obligation under the mortgage, and
promptly notify the mortgagor of such credit.
SEC. 4. REPAYMENT OF ASSISTANCE.
(a) Grant Assistance; No Repayment.--
(1) In general.--Any assistance provided under the program
under this Act with respect to any eligible mortgage during any
period during which the annual income of household of the
mortgagor, as determined by the Secretary, does not exceed 200
percent of the poverty line applicable to a family of the size
involved shall be in the form of a grant and, except as
provided in paragraph (2), the Secretary may not require
repayment of any such amounts.
(2) Repayment in cases of foreclosure.--If the mortgagee
for any eligible mortgage for which assistance payments are
made pursuant to this subsection forecloses on the mortgage,
takes legal action to enforce the mortgage obligation, or
otherwise recovers possession of any security of the mortgage
as a result of default on the obligation of the mortgage, the
Secretary shall terminate payment of assistance under this Act
with respect to the mortgage and shall treat any assistance
previously provided with respect to the mortgage as assistance
in the form of a loan pursuant to subsection (b).
(b) Loan Assistance; Repayment Required.--Any assistance provided
under the program under this Act with respect to any eligible mortgage
during any period during which the annual income of household of the
mortgagor, as determined by the Secretary, exceeds 200 percent of the
poverty line applicable to a family of the size involved shall be in
the form of a loan, as follows:
(1) No interest.--Such loan shall not bear any interest.
(2) 10-year term.--Such loan shall have a term to maturity
of 10 years, which shall not commence until the period of
assistance under section 3(b) with respect to mortgage has
terminated.
(3) Security.--Repayment of such loan shall be secured by a
lien on the residential property that is subject to the
eligible mortgage for which the assistance under this Act was
provided under the loan, in the aggregate amount of such loan
assistance provided. Such lien shall be held by the Secretary
and shall be subordinate to other mortgages and other secured
liens on the property in effect upon the date that assistance
under the program under this Act is first provided for the
mortgage, and to any Federal tax lien, but shall be superior to
any other lien.
(4) Agreement.--The terms of such loan shall be set forth
in a written agreement, as the Secretary considers appropriate,
between the Secretary and the mortgagor.
SEC. 5. APPLICATION FOR ASSISTANCE.
(a) In General.--To be eligible for mortgage assistance under this
Act, a mortgagor for an eligible mortgage shall submit an application
for such assistance in such form and manner as the Secretary shall
require, which shall provide such information regarding the eligible
mortgage as the Secretary shall require, including information
sufficient for the Secretary to comply with subsection (b), and shall
include a financial statement disclosing all income of each member of
the household of the mortgagor regardless of source. An application for
such assistance may be submitted before the eligible member of the
Armed Forces who is a member of the eligible household begins active
duty described in section 8(2).
(b) Notification to Mortgagee and Servicer.--Upon submission of an
application under subsection (a), the Secretary shall notify the
mortgagee and servicer, if the mortgagee is not the servicer, of the
eligible mortgage of the submission of the application for assistance
under this Act.
(c) Income Information.--The Secretary shall require that each such
application include a certification by the mortgagor for the eligible
mortgage of the anticipated income of the household of the mortgagor
during the anticipated period of assistance under this Act, which, in
the case of an application described in the last sentence of subsection
(a), may be based on household income in the month before commencement
of the active duty of the eligible member of the Armed Forces, less any
such income attributable to such eligible member, plus the expected
military pay of such eligible member. The Secretary may make a
determination regarding compliance of the income of a mortgagor's
household with the requirements under subsections (a)(1) and (b) of
section 4 based upon such a certification, subject to such reviews as
the Secretary shall, by regulation, provide.
(d) Effect of Misrepresentation.--A mortgagor who is determined to
have intentionally misrepresented any financial information in
connection with the filing of an application for assistance under this
Act may be denied assistance and required to immediately repay any
amount of assistance already received, and the mortgagee may, at any
time thereafter, take any legal action to enforce the mortgage, if
appropriate.
(e) Review and Determination.--
(1) In general.--The Secretary shall review each
application submitted for assistance under this Act and make a
determination regarding the eligibility for assistance of the
mortgage specified in the application not later than 30 days
after receipt of the application of the mortgagor, and shall
notify the mortgagor and the mortgagee and servicer of approval
or disapproval of such application not later than 30 days after
making the determination regarding approval.
(2) Failure to make determination.--If the Secretary fails
to make a determination regarding eligibility for assistance of
a mortgage during the 30-day period specified in paragraph (1)
or fails to provide the notice regarding such determination as
required under such paragraph, the mortgage shall be considered
for purposes of this Act to have been approved as eligible for
assistance upon the date that the application for the mortgage
was submitted to the Secretary.
SEC. 6. COORDINATION WITH OTHER AGENCIES AND ENTITIES.
(a) Publicity.--The Secretary shall take such action as may be
necessary to ensure that eligible households and eligible members of
the Armed Forces are aware of and informed about the availability of
and requirements for mortgage assistance under this Act, which may
include consulting and coordinating appropriate activities with the
Secretary of Defense, the Federal financial institutions regulatory
agencies, financial institutions regulated by such regulatory agencies,
other mortgage lenders, the Federal National Mortgage Association, the
Federal Home Loan Mortgage Corporation, and mortgage counseling
agencies.
(b) Implementation.--The Secretary shall consider using States,
State or local agencies (including housing and housing finance
agencies), mortgage lenders and other financial institutions, and other
entities to conduct some or all of the functions and responsibilities
involved in carrying out the program for mortgage assistance under this
Act and may enter into agreements with such entities to provide for
such entities to carry out such functions and responsibilities as the
Secretary considers appropriate to ensure that such assistance is
provided in an effective and efficient manner.
SEC. 7. SAVINGS CLAUSE.
This Act may not be construed to alter, affect, or limit any
provision of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et
seq.).
SEC. 8. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Active duty.--The terms ``active duty'' and ``active
duty for a period of more than 30 days'' have the meanings
given such terms in section 101(d) of title 10, United States
Code.
(2) Eligible member of the armed forces.--The term
``eligible member of the Armed Forces'' means a member of the
Armed Forces who, while a member of the Individual Ready
Reserve or the inactive National Guard, is serving on active
duty pursuant to a call or order to active duty for a period of
more than 30 days.
(3) Eligible mortgage.--The term ``eligible mortgage''
means any mortgage that meets the requirements of section 2(b)
for assistance under this Act.
(4) Eligible household.--The term ``eligible household''
means a household that--
(A) contains a member who is an eligible member of
the Armed Forces; and
(B) has been determined by the Secretary to be
eligible for mortgage assistance under this Act.
(5) Federal financial institutions regulatory agencies.--
The term ``Federal financial institutions regulatory agencies''
means the Office of the Comptroller of the Currency, the Board
of Governors of the Federal Reserve System, the Federal Deposit
Insurance Corporation, the Office of Thrift Supervision, and
the National Credit Union Administration.
(6) Household.--The term ``household'' means a mortgagor,
the mortgagor's spouse, children residing in the same residence
as the mortgagor, and any other person living in such residence
that is declared by the mortgagor as a dependent for Federal
income tax purposes.
(7) Income.--The term ``income'' means, with respect to the
household of an eligible mortgagor, the aggregate income from
the all sources of each member of the household, as determined
in accordance with criteria prescribed by the Secretary.
(8) Mortgage; mortgagee; mortgagor.--The terms
``mortgage'', ``mortgagee'', and ``mortgagor'' have the
meanings given such terms in section 201 of the National
Housing Act (12 U.S.C. 1707).
(9) Poverty line.--The term ``poverty line'' has the
meaning given such term in section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, including any revision required by
such section.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(11) Servicer.--The term ``servicer'' has the meaning given
such term in section 6(i) of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2605(i)).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for mortgage assistance
under this Act such sums as may be necessary for each of fiscal years
2008, 2009, 2010, 2011, and 2012.
SEC. 10. REGULATIONS.
Not later than the expiration of the 180-day period beginning on
the date of the enactment of this Act, the Secretary, in consultation
with the Federal financial institutions regulatory agencies, shall
issue such regulations as may be necessary to carry out this Act, which
shall provide for the implementation of the mortgage assistance program
under this Act upon the expiration of such period. | Inactive Reservists Foreclosure Prevention Act of 2007 - Instructs the Secretary of Housing and Urban Development (HUD) to implement a mortgage assistance program through grants and loans for direct mortgage payments for the primary residential property of designated eligible households.
Requires such mortgage assistance to be paid monthly directly to the mortgage servicer during the period that a member of the eligible household is serving on active duty for a period of more than 30 days in the Armed Forces, including extensions in the period of such active duty.
Sets forth requirements governing: (1) grant assistance, repayment, and repayment in cases of foreclosure; and (2) application procedures. | {"src": "billsum_train", "title": "To establish a program for the Secretary of Housing and Urban Development to provide financial assistance to certain homeowners experiencing temporary difficulty making home mortgage payments resulting from their call or order to active duty while a member of the Individual Ready Reserve of the Armed Forces or the inactive National Guard."} | 3,152 | 140 | 0.655293 | 1.998023 | 0.668673 | 4.00813 | 23.235772 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stigler Act Amendments of 2018''.
SEC. 2. IN GENERAL.
The first section of the Act of August 4, 1947 (61 Stat. 731,
chapter 458), is amended--
(1) in the matter before subsection (a), by striking ``That all
restrictions'' and all that follows through subsection (a) and
inserting the following:
``Sec. 1. (a) All restrictions against alienation, conveyance,
lease, mortgage, creation of liens, or other encumbrances upon all
lands, including oil and gas or other mineral interests, in Oklahoma
belonging to a lineal descendant by blood of an original enrollee whose
name appears on the Final Indian Rolls of the Five Civilized Tribes in
Indian Territory, whether acquired by allotment, inheritance, devise,
gift, purchase, exchange, partition, partition sale, or by purchase
with restricted funds, of whatever degree of Indian blood, and whether
enrolled or unenrolled, shall be and are hereby, extended until an Act
of Congress determines otherwise.
``(b) The extension of restrictions described in subsection (a)
shall include without limitation, those interests in the estate of a
decedent Indian who died before the date of enactment of the Stigler
Act Amendments of 2018--
``(1) if such interests were acquired by an heir or devisee of
one-half or more degree of Indian blood, as computed from the
nearest enrolled lineal ancestors of Indian blood enrolled on the
Final Rolls described in subsection (a), by final order issued by
an Oklahoma district court or a United States district court
determining the decedent's heirs or devisees or otherwise
determining the ownership of said interests before said date; or
``(2) if such interests were, immediately prior to the
decedent's death, subject to restrictions and had not, as of the
date of enactment of the Stigler Act Amendments of 2018, been--
``(A) the subject of a final order issued by an Oklahoma
district court or a United States district court determining
the decedent's heirs or devisees or otherwise determining the
ownership of said interests;
``(B) conveyed by the decedent's undetermined heirs or
devisees by deed approved by an Oklahoma district court; or
``(C) conveyed by the decedent's undetermined heirs or
devisees of less than one-half degree of Indian blood with or
without Oklahoma district court approval.
``Sec. 2. (a) Except as provided in subsection (f), subsection (g),
subsection (h), and subsection (i), no conveyance, including an oil and
gas or mineral lease, of any interest in the restricted lands described
in this section shall be valid unless approved in open court by the
district court of the county in Oklahoma in which the land is
situated;'';
(2) in subsection (b)--
(A) by striking ``county judge'' and inserting ``district
judge''; and
(B) by striking ``Proceedings for approval of conveyances
by restricted heirs or devisees'' and inserting ``Proceedings
for approval of conveyances'';
(3) in subsection (c), by striking ``best interest of the
Indian'' and inserting ``best interest of the grantor''; and
(4) by adding before the period at the end the following: ``;
(h) nothing contained in this section shall limit or affect the
right of an Indian owner of restricted lands described in this Act
to seek and obtain Secretarial removal of restrictions on all or
any portion of said restricted lands in accordance with any
applicable Federal law; (i) nothing contained in this section shall
invalidate the alienation, conveyance, lease, including oil and gas
or other mineral leases, mortgage, creation of liens, or other
encumbrance of any lands, if such action was effective before the
date of enactment of the Stigler Act Amendments of 2018 and valid
under the law then in effect; and (j) in determining the quantum of
Indian blood of any Indian heir or devisee, the Final Indian Rolls
of the Five Civilized Tribes in Indian Territory as to such heir or
devisee, if enrolled, shall be conclusive of his or her quantum of
Indian blood. If unenrolled, his or her degree of Indian blood
shall be computed from the nearest enrolled lineal ancestors of
Indian blood enrolled on the Final Indian Rolls of the Five
Civilized Tribes in Indian Territory''.
SEC. 3. TECHNICAL AMENDMENTS.
The Act of August 4, 1947 (61 Stat. 731, chapter 458), is amended--
(1) in section 5, by striking ``of one-half or more Indian
blood,'';
(2) in section 6(c)--
(A) by inserting ``purchase, partition sale,'' after
``gift,'' each place it appears; and
(B) by striking ``of one-half or more Indian blood''; and
(3) in section 8, by striking ``of one-half or more Indian
blood,''.
SEC. 4. REPEALS.
The following are repealed:
(1) The first section of the Act of August 11, 1955 (69 Stat.
666, chapter 768).
(2) Section 2 of the Act of August 4, 1947 (61 Stat. 731,
chapter 458).
SEC. 5. RULE OF CONSTRUCTION PROVIDING FOR NO RETROACTIVITY.
Nothing in this Act, or the amendments made by this Act, shall be
construed to revise or extend the restricted status of any lands under
the Act of August 4, 1947 (61 Stat. 731, chapter 458) that lost
restricted status under such Act before the date of enactment of this
Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Stigler Act Amendments of 2017 This bill amends the Act of August 4, 1947 (commonly known as the Stigler Act) to revise the qualifications that must be met by a person who inherits land originally allotted to members of the Five Civilized Tribes of Oklahoma (the Choctaw, Chickasaw, Creek, Cherokee, and Seminole tribes) for that land to remain in restricted status. When land is in restricted status, it is not subject to taxation and may not be sold or transferred without permission of the Department of the Interior. Under current law, the restricted fee status of land allotted to the Five Tribes is maintained only if the individual holding title has at least 50% Indian blood from one of the Five Tribes. This bill removes this requirement. Thus, the restricted fee status is maintained for all lineal descendants of an original enrollee whose name appears on the membership rolls of the Five Tribes. | {"src": "billsum_train", "title": "Stigler Act Amendments of 2017"} | 1,355 | 212 | 0.46013 | 1.374881 | 0.601268 | 1.719298 | 7.192982 | 0.736842 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Math and Science Teacher Recruitment
Act of 2001''.
SEC. 2. REVISION OF TEACHER LOAN FORGIVENESS PROGRAMS.
(a) Guaranteed Student Loans.--Part B of title IV of the Higher
Education Act of 1965 is amended by--
(1) redesignating section 428K (20 U.S.C. 1078-11) as
section 428L; and
(2) by inserting after section 428J the following new
section:
``SEC. 428K. EXPANDED LOAN FORGIVENESS FOR TEACHERS.
``(a) Purpose.--It is the purpose of this section to expand,
subject to the availability of appropriations therefor, the eligibility
of individuals to qualify for loan forgiveness for teachers beyond that
available under section 428J, in order to provide additional incentives
for teachers of mathematics and science in middle and secondary schools
to enter and continue in the teaching profession.
``(b) Program Authorized.--
``(1) In general.--From the sums appropriated pursuant to
subsection (i), the Secretary shall carry out a program,
through the holder of the loan, of assuming the obligation to
repay a qualified loan amount for a loan made under section 428
or 428H, in accordance with subsection (c), for any borrower
who--
``(A) is employed as a full-time teacher in grades
7 through 12, inclusive, as a teacher of mathematics or
science, and has been so employed for not less than 3
consecutive complete school years;
``(B) had mathematics, life or physical sciences,
technology, or engineering as an undergraduate academic
major, or has a graduate degree in any such field, as
certified by the chief administrative officer of the
public or nonprofit private secondary school in which
the borrower is employed;
``(C) has a State certification (which may include
certification obtained through alternative means) or a
State license to teach, and has not failed to comply
with State or local accountability standards; and
``(D) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Selection of recipients.--The Secretary shall by
regulations, establish a formula that ensures fairness and
equality for applicants in the selection of borrowers for loan
repayment under this section, based on the amount available
pursuant to subsection (i).
``(c) Qualified Loans Amount.--
``(1) In general.--The Secretary shall repay not more
than--
``(A) $2,500 for each complete school year of
teaching described in subsection (b)(1)(A) (after the
third or any succeeding such year); or
``(B) a total of $10,000.
``(2) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any teacher who performs
service in a school that--
``(A) meets the requirements of subsection
(b)(1)(A) in any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan forgiveness pursuant to subsection (b).
``(2) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.). No borrower may receive a
reduction of loan obligations under both this section and
section 428J, 460, or 460A.
``(h) Definition.--For purposes of this section, the term `year',
where applied to service as a teacher, means an academic year as
defined by the Secretary.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2002 and each of the 5 succeeding fiscal years.''.
(b) Direct Student Loans.--Part D of title IV of the Higher
Education Act of 1965 is amended by inserting after section 460 the
following new section:
``SEC. 460A. EXPANDED LOAN FORGIVENESS FOR TEACHERS.
``(a) Purpose.--It is the purpose of this section to expand,
subject to the availability of appropriations therefor, the eligibility
of individuals to qualify for loan forgiveness for teachers beyond that
available under section 460, in order to provide additional incentives
for teachers of mathematics and science in middle and secondary schools
to enter and continue in the teaching profession.
``(b) Program Authorized.--
``(1) In general.--From the sums appropriated pursuant to
subsection (i), the Secretary shall cancel the obligation to
repay a qualified loan amount in accordance with subsection (c)
for Federal Direct Stafford Loans and Federal Direct
Unsubsidized Stafford Loans made under this part for any
borrower who--
``(A) is employed as a full-time teacher in grades
7 through 12, inclusive, as a teacher of mathematics or
science, and has been so employed for not less than 3
consecutive complete school years;
``(B) had mathematics, life or physical sciences,
technology, or engineering as an undergraduate academic
major, or has a graduate degree in any such field, as
certified by the chief administrative officer of the
public or nonprofit private secondary school in which
the borrower is employed;
``(C) has a State certification (which may include
certification obtained through alternative means) or a
State license to teach, and has not failed to comply
with State or local accountability standards; and
``(D) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Selection of recipients.--The Secretary shall by
regulations, establish a formula that ensures fairness and
equality for applicants in the selection of borrowers for loan
repayment under this section, based on the amount available
pursuant to subsection (i).
``(c) Qualified Loans Amount.--
``(1) In general.--The Secretary shall cancel not more
than--
``(A) $2,500 for each complete school year of
teaching described in subsection (b)(1)(A) (after the
third or any succeeding such year); or
``(B) a total of $10,000.
``(2) Treatment of consolidation loans.--A loan amount for
a Federal Direct Consolidation Loan may be a qualified loan
amount for the purposes of this subsection only to the extent
that such loan amount was used to repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or
a loan made under section 428 or 428H for a borrower who meets
the requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any teacher who performs
service in a school that--
``(A) meets the requirements of subsection
(b)(1)(A) in any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan forgiveness pursuant to subsection (b).
``(2) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.). No borrower may receive a
reduction of loan obligations under both this section and
section 428J, 428K, or 460.
``(h) Definition.--For purposes of this section, the term `year',
where applied to service as a teacher, means an academic year as
defined by the Secretary.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2002 and each of the 5 succeeding fiscal years.''. | Math and Science Teacher Recruitment Act of 2001 - Amends the Higher Education Act of 1965 to establish new programs of student guaranteed and direct loan forgiveness for middle and secondary school mathematics and science teachers in public or private nonprofit schools. Requires for eligibility: (1) at least three consecutive complete school years of such teaching; (2) an undergraduate or graduate degree in mathematics, life or physical sciences, technology, or engineering; and (3) State certification or license. | {"src": "billsum_train", "title": "To expand the teacher loan forgiveness programs under the guaranteed and direct student loan programs for teachers of mathematics and science, and for other purposes."} | 2,040 | 92 | 0.550428 | 1.341412 | 1.077237 | 2.615385 | 20.164835 | 0.945055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethics in Government Act Amendments
of 1993''.
SEC. 2. MODIFICATION OF PROHIBITION OF HONORARIA.
Section 501(b) of the Ethics in Government Act of 1978, as amended
by the Ethics Reform Act of 1989 and Public Law 101-280, is amended--
(1) by striking ``An individual'' and inserting ``(1)
Except as provided in paragraph (2), an individual''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Subject to subparagraph (B), paragraph (1) shall not apply
to an honorarium paid to an officer or employee for an appearance, a
speech, or an article published in a bona fide publication if--
``(i) the purpose of the appearance, or the subject of the
speech or article, does not relate primarily to the
responsibilities, policies, or programs of the agency or office
in which the individual is employed, and does not involve the
use of Government time, property or other resources of the
Government, or nonpublic Government information;
``(ii) the reason for which the honorarium is paid is
unrelated to that individual's official duties or status as
such officer or employee; and
``(iii) the person offering the honorarium has no interests
that may be substantially affected by the performance or
nonperformance of that individual's official duties.
``(B) Subparagraph (A) shall not apply to an officer or employee
who is--
``(i) a Member, or
``(ii) a noncareer officer or employee employed in a
position for which the rate of basic pay, exclusive of any
locality-based pay adjustment under section 5302 of title 5 (or
any comparable adjustment pursuant to interim authority of the
President) is equal to or greater than the rate of basic pay
payable for Level V of the Executive Schedule.
``(C) A statement of the source, date, and amount of any honorarium
accepted by an individual under subparagraph (A) shall be included in
any report required by such individual by section 101 or section 107 of
this Act.
``(D) The amount of any honorarium accepted under subparagraph (A)
shall not exceed the usual and customary fee for the services for which
the honorarium is paid, up to a maximum of $2,000.''.
SEC. 3. REGULATIONS.
Section 503 of the Ethics in Government Act of 1978 is amended--
(1) by inserting ``(a) In General.--'' before ``This''; and
(2) by adding at the end the following:
``(b) Prior Notification of Acceptance of Honoraria.--(1)(A) Rules
and regulations issued under subsection (a) shall include procedures
under which individuals described in paragraph (2) shall notify the
appropriate entity administering such rules and regulations before
accepting honoraria permitted under section 501(b)(2)(A) that, in the
aggregate, equal or exceed $200 in value from any one source in a
calendar year. Such rules and regulations may include provision for
notification after the acceptance of a noncash honorarium for an
appearance or speech if the offer of the honorarium is made at the
appearance or speech. Such rules and regulations may also provide for
the notification of the appropriate entity if an honorarium is not
accepted.
``(B) Each entity administering such rules and regulations shall
compile all notifications received under subparagraph (A) during each
calendar quarter. Such compilations shall be made available to the
public in the same manner as reports are made available to the public
under section 105 of this Act.
``(2) The individuals to whom paragraph (1) applies are any
noncareer officer or employee who occupies a position classified above
GS-15 of the General Schedule or, in the case of positions not under
the General Schedule, for which the rate of basic pay is equal to or
greater than 120 percent of the minimum rate of basic pay payable for
GS-15.
``(3) Any person who fails to notify the appropriate entity,
pursuant to procedures established under paragraph (1), before
accepting honoraria--
``(A) shall pay, for deposit in the general fund of the
Treasury, an amount equal to the value of the honoraria
involved; and
``(B) shall be subject to appropriate disciplinary and
other remedial action in accordance with applicable laws,
Executive orders, and rules or regulations.
The entity administering rules and regulations issued under paragraph
(1) may, in accordance with procedures established in such rules and
regulations, waive any penalty under this paragraph in extraordinary
circumstances.''.
SEC. 4. DEFINITION OF HONORARIUM.
Section 505(3) of the Ethics in Government Act of 1978 is amended
by striking ``if the subject matter'' and all that follows through
``Government''.
SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS.
(a) Limitation on Postemployment Restrictions.--Section 207(j) of
title 18, United States Code, is amended by adding at the end the
following new paragraph:
``(7) Political parties and campaign committees.--(A)
Except as provided in subparagraph (B), the restrictions
contained in subsections (c), (d), and (e) shall not apply to a
communication or appearance made solely on behalf of a
candidate, in his or her capacity as a candidate, an authorized
committee, a national committee, a national Federal campaign
committee, a State committee, or a political party.
``(B) Subparagraph (A) shall not apply to--
``(i) any communication to, or appearance before,
the Federal Election Commission by a former officer or
employee of the Federal Election Commission;
``(ii) any communication to, or appearance before,
an employee (as defined in section 2105 of title 5) of
an Executive agency (as defined in section 105 of title
5), unless the employee is--
``(I) an employee of the Executive Office
of the President;
``(II) the head or assistant head of an
Executive department or a military department
(as such terms are defined in sections 101 and
102 of title 5); or
``(III) an employee appointed by the
President, by and with the advice and consent
of the Senate;
``(iii) any communication or appearance referred to
in subparagraph (A) that is made by a person on any
matter in which that person also represents, as agent
or attorney or otherwise, anyone other than a person or
entity described in subparagraph (C); or
``(iv) a communication or appearance that is made
by--
``(I) a person who is subject to the
restrictions of subsection (c) or (d) if the
communication or appearance is made before an
officer or employee of a department or agency,
other than the Executive Office of the
President, and if that person is also
representing, aiding, or advising anyone else
(other than the United States or a person or
entity referred to in subparagraph (C)) in any
matter pending before that department or
agency;
``(II) a person who is subject to the
restrictions of subsection (e)(1)(A) and who is
also representing, aiding, or advising anyone
else (other than the United States or a person
or entity referred to in subparagraph (C)) in
any matter pending before either House of
Congress or any legislative office of the
Congress;
``(III) a person who is subject to the
restrictions of subsection (e)(2)(A) and who is
also representing, aiding, or advising anyone
else (other than the United States or a person
or entity referred to in subparagraph (C)) in
any matter pending before any person described
in subsection (e)(2)(B);
``(IV) a person who is subject to the
restrictions of subsection (e)(3) and who is
also representing, aiding, or advising anyone
else (other than the United States or a person
or entity referred to in subparagraph (C)) in
any matter pending before the committee by
which the former employee was employed;
``(V) a person who is subject to the
restrictions of subsection (e)(5)(A) and who is
also representing, aiding, or advising anyone
else (other than the United States or a person
or entity referred to in subparagraph (C)) in
any matter pending before any person described
in subsection (e)(5)(B).
``(C) For purposes of this paragraph--
``(i) the term `candidate' means any person who
seeks nomination for election, or election, to Federal
or State office or who has authorized others to explore
on his or her behalf the possibility of seeking
nomination for election, or election, to Federal or
State office;
``(ii) the term `authorized committee' means any
political committee designated in writing by a
candidate as authorized to receive contributions or
make expenditures to promote the nomination for
election, or the election, of such candidate, or to
explore the possibility of seeking nomination for
election, or the election, of such candidate, except
that a political committee that receives contributions
or makes expenditures to promote more than 1 candidate
may not be designated as an authorized committee for
purposes of subparagraph (A);
``(iii) the term `national committee' means the
organization which, by virtue of the bylaws of a
political party, is responsible for the day-to-day
operation of such political party at the national
level;
``(iv) the term `national Federal campaign
committee' means an organization that, by virtue of the
bylaws of a political party, is established primarily
for the purpose of providing assistance, at the
national level, to candidates nominated by that party
for election to the office of Senator or Representative
in, or Delegate or Resident Commissioner to, the
Congress;
``(v) the term `State committee' means the
organization which, by virtue of the bylaws of a
political party, is responsible for the day-to-day
operation of such political party at the State level;
``(vi) the term `political party' means an
association, committee, or organization that nominates
a candidate for election to any Federal or State
elected office whose name appears on the election
ballot as the candidate of such association, committee,
or organization; and
``(vii) the term `State' means a State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or
possession of the United States.''.
(b) Applicability.--A former officer or employee who is subject to
the prohibitions contained in section 207(c) of title 18, United States
Code, as in effect before January 1, 1991, shall, notwithstanding such
prohibitions, be permitted to make communications and appearances
solely on behalf of a candidate, in his or her capacity as candidate,
an authorized committee, a national committee, a national Federal
campaign committee, a State committee, or a political party, as though
the provisions of section 207 of title 18, United States Code, in
effect on or after January 1, 1991, as amended by this section, were
applicable to such former officer or employee.
SEC. 6. EFFECTIVE DATE.
(a) In General.--Subject to subsection (b), the amendments made by
this Act shall take effect on the date of the enactment of this Act.
(b) Section 2.--The amendments made by section 2 shall be effective
as of January 1, 1991. | Ethics in Government Act Amendments of 1993 - Amends the Ethics in Government Act of 1978 to specify the circumstances under which Federal officers and employees, other than Members of Congress and noncareer officers and employees whose rate of basic pay is equal to or greater than that for Level V of the Executive Schedule, may receive an honorarium for an article in a bona fide publication, a speech, or an appearance.
Prohibits the amount of honorarium accepted from exceeding the usual and customary fee for the services for which the honorarium is paid, up to $2,000. Subjects the acceptance of any honorarium to financial disclosure.
Requires the rules and regulations of each supervising ethics office (ethics office) designated under the Ethics Reform Act of 1989 to include procedures under which certain senior level or high-salaried noncareer officers and employees must notify their respective ethics office before accepting any of the honoraria permitted above that, in the aggregate, equal or exceed $200 in value from any one source in a calendar year. Requires each ethics office to compile and make public all notifications received during each calendar quarter. Subjects to specified penalties any person who fails to notify the appropriate ethics office before accepting honoraria.
Amends the Federal criminal code to waive certain postemployment restrictions on Members of Congress and congressional employees and on certain senior executive branch personnel with respect to a communication or appearance made solely on behalf of a candidate for Federal or State office, in his or her capacity as a candidate, a political party, or certain political organizations, with specified exceptions. | {"src": "billsum_train", "title": "Ethics in Government Act Amendments of 1993"} | 2,569 | 343 | 0.644593 | 1.990871 | 0.776096 | 3.888514 | 8.273649 | 0.847973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Identity Defense Act
of 2010''.
SEC. 2. DISCLOSURE OF CERTAIN RETURN INFORMATION WITH RESPECT TO
IDENTITY THEFT.
(a) In General.--Subsection (l) of section 6103 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information in certain cases of
identity theft.--
``(A) In general.--If the Secretary determines that
there is a substantial likelihood that there has been a
fraudulent use of a social security account number on a
statement described in section 6051--
``(i) the Secretary shall disclose to the
holder of such social security account number--
``(I) that the Secretary has reason
to believe that the social security
account number of such individual has
been fraudulently used in the
employment context,
``(II) that the Secretary has made
the disclosure described in clause (ii)
to the Director of the Federal Bureau
of Investigation with respect to such
fraudulent use, and
``(III) such other information
(other than return information) as the
Secretary determines, in consultation
with Federal Trade Commission, would be
helpful and appropriate to provide to a
victim of identity theft, and
``(ii) the Secretary shall disclose to the
Director of the Federal Bureau of
Investigation--
``(I) such social security account
number,
``(II) that the Secretary has
reason to believe that such social
security account number has been
fraudulently used in the employment
context, and
``(III) the taxpayer identity
information of the holder of such
social security account number, the
individual believed to have
fraudulently used such social security
account number, and the employer who
made the statement described in section
6051 which included such social
security account number.
``(B) Restriction on disclosure to law
enforcement.--
``(i) Disclosure to other law enforcement
officials.--The Director of the Federal Bureau
of Investigation may disclose information
received under subparagraph (A)(ii) to
appropriate Federal, State, and local law
enforcement officials.
``(ii) Restriction on use of disclosed
information.--Return information disclosed
under subparagraph (A)(ii) may be used by
Federal, State, and local law enforcement
officials only for purposes of carrying out
criminal investigations or prosecutions.''.
(b) Prevention of Use of W-2 Statements To Carryout Identity
Theft.--Section 6051 of such Code is amended by adding at the end the
following new subsection:
``(g) Prevention of Identity Theft.--Except as otherwise provided
by the Secretary, if an employer is notified by the Secretary with
respect to any employee that the Secretary has reason to believe that
the social security account number included on the statement described
in subsection (a) with respect to such employee is not the social
security account number of such employee, such employer--
``(1) shall cease to include such social security account
number on statements provided to the employee under subsection
(a), but
``(2) shall continue to include such social security
account number on duplicates of such statements provided to the
Secretary under subsection (d).''.
(c) Conforming Amendments Related to Disclosure.--
(1) Confidentiality.--Paragraph (3) of section 6103(a) of
such Code is amended by striking ``or (21)'' and inserting
``(21), or (23)''.
(2) Procedures and recordkeeping related to disclosures.--
Paragraph (4) of section 6103(p) of such Code is amended by
striking ``or (20)'' each place it appears and inserting
``(20), or (23)''.
(3) Unauthorized disclosure or inspection.--Paragraph (2)
of section 7213(a) of such Code is amended by striking ``or
(21)'' and inserting ``(21), or (23)''. | Social Security Identity Defense Act of 2010 - Amends the Internal Revenue Code to require the Secretary of the Treasury to make certain disclosures to the holder of a social security account number and to the Federal Bureau of Investigation (FBI) if the Secretary determines that there is a substantial likelihood that there has been a fraudulent use of such account number in the employment context. Authorizes the FBI Director to disclose information received from the Secretary to federal, state, and local law enforcement officials, but restricts the use of such information to carrying out criminal investigations or prosecutions.
Requires employers who have been notified of suspected misuse of an employee's social security account number to cease including such account number on statements provided to such employee. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to permit the Secretary of the Treasury to disclose certain return information related to identity theft, and for other purposes."} | 878 | 157 | 0.641187 | 1.590676 | 0.684871 | 3 | 6.080292 | 0.883212 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Head Start Enhanced Parental
Involvement and Family Literacy Act of 1994''.
SEC. 2. REQUIRED PARENTAL INVOLVEMENT IN HEAD START PROGRAMS.
(a) Administration of Policy.--Section 636 of the Head Start Act
(42 U.S.C. 9831) is amended by adding the following:
``(c) In carrying out this subchapter, the Secretary of Health and
Human Services shall take appropriate actions to ensure that
comprehensive services are provided to parents to become full partners
in the education of their children and shall seek the involvement of
parents in such services.''.
(b) Primary Focus of Programs.--Section 638(a) of the Head Start
Act (42 U.S.C. 9833(a)), is amended--
(1) by striking ``the children from'';
(2) by inserting ``with children'' after ``low-income
families''; and
(3) by inserting before the period at the end the
following:
``, as well as involving such parents in activities to help parents to
become full partners in the education of their children''.
(c) Activities of Head Start Agencies.--(1) Section 641(d) of the
Head Start Act (42 U.S.C. 9836(d)) is amended--
(A) by amending paragraph (4) to read as follows:
``(4) the plan of such applicant--
``(A) to seek the involvement of parents of
participating children in activities designed to help
such parents become full partners in the education of
their children;
``(B) to provide (directly or through referral to
local entities, such as Even Start programs) to parents
of participating children--
``(i) family literacy services; and
``(ii) parenting skills training;
``(C) at the option of such applicant, to provide
(directly or through referral to local entities) to
such parents--
``(i) parental social self-sufficiency
training;
``(ii) substance abuse counseling;
``(iii) the opportunity to assist in the
operation of the proposed Head Start program;
or
``(iv) any other activity designed to help
such parents become full partners in the
education of their children; and
``(D) to provide, with respect to each
participating family, a family needs assessment that
includes consultation with such parents about which of
the activities described in subparagraphs (B) and (C)
would be most appropriate (taking into consideration
their needs, work schedules, and other
responsibilities) for their involvement;'';
(B) in paragraph (7) by inserting ``and'' at the end;
(C) by striking paragraph (8); and
(D) by redesignating paragraph (9) and paragraph (8).
(2) Section 642(b) of the Head Start Act (42 U.S.C. 9837(b)) is
amended--
(A) by amending paragraph (4) to read as follows: ``(4)
seek the involvement of parents of participating children in
activities designed to help such parents become full partners
in the education of their children;'';
(B) in paragraph (5) by inserting ``and'' at the end;
(C) by striking paragraph (6);
(D) by redesignating paragraphs (5) and (7) as paragraphs
(8) and (9), respectively; and
(E) by inserting after paragraph (4) the following: ``(5)
provide (directly or through referral to local entities, such
as Even Start programs) to parents of participating children
family literacy services and parenting skills training; (6) at
the option of such applicant, provide (directly or through
referral to local entities) to such parents parental social
self-sufficiency training, substance abuse counseling, the
opportunity to assist in the operation of the Head Start
program, or any other activity designed to help such parents
become full partners in the education of their children; (7)
provide, with respect to each participating family, a family
needs assessment that includes consultation with such parents
about which of the activities described in paragraphs (5) and
(6) would be most appropriate (taking into consideration their
needs, work schedules, and other responsibilities) for their
involvement;''.
SEC. 3. DEFINITIONS.
Section 637 of the Head Start Act (42 U.S.C. 9832) is amended by
adding at the end the following:
``(12) The term `family literacy services' means a unified
program that combines interactive literacy activities between
parents and their children, training for parents on how to be
their children's primary teacher and to be full partners in the
education of their children, parent literacy training, and
early childhood education.
``(13) The term `parent' includes an individual who is a
guardian or custodian of a child.''.
SEC. 4. TRAINING AND TECHNICAL ASSISTANCE.
Section 648 of the Head Start Act (42 U.S.C. 9843) is amended by
adding at the end the following:
``(e) The Secretary shall provide appropriate training and
technical assistance for Head Start personnel engaged in providing
family literacy services, parenting skills training, and other parental
involvement activities under paragraphs (4), (5), (6), and (7) of
section 642(b).''.
SEC. 5. EVALUATION.
Section 651(b) of the Head Start Act (42 U.S.C. 9846(b)) is
amended--
(1) by inserting ``(1)'' after (b); and
(2) by adding at the end the following:
``(2) The extent of compliance with paragraphs (4), (5), (6), and
(7) of section 642(b) shall be considered in deciding whether to renew
or supplement financial assistance authorized under this subchapter.''.
SEC. 6. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall not apply with respect to fiscal years beginning before October
1, 1994. | Head Start Enhanced Parental Involvement and Family Literacy Act of 1994 - Amends the Head Start Act to require parental involvement activities, family literacy services, parenting skills training, and family needs assessments.
Authorizes Head Start agencies to offer parental social self-sufficiency training, substance abuse counseling, or opportunities for parents to assist in program operation.
Directs the Secretary of Health and Human Services to provide training and technical assistance for Head Start personnel engaged in providing parental involvement services.
Makes compliance with parental involvement requirements a consideration in funding renewal or supplementation decisions. | {"src": "billsum_train", "title": "Head Start Enhanced Parental Involvement and Family Literacy Act of 1994"} | 1,402 | 122 | 0.588009 | 1.441269 | 0.637901 | 3.575472 | 12.424528 | 0.858491 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Campus Act of 2015''.
SEC. 2. INSTITUTION OF HIGHER EDUCATION REQUIREMENTS FOR PROTECTING
VICTIMS OF SEXUAL VIOLENCE AND INVESTIGATING AND
ADJUDICATING ALLEGATIONS OF SEXUAL VIOLENCE.
(a) In General.--Title I of the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) is amended by adding at the end the following new
part:
``PART F--TREATMENT OF ALLEGATIONS OF SEXUAL VIOLENCE
``SEC. 161. APPLICATION; DEFINITION.
``(a) Application.--The requirements of this part shall apply to
any institution of higher education receiving Federal financial
assistance under this Act, including financial assistance provided to
students under title IV, other than a foreign institution of higher
education.
``(b) Definitions.--In this part, the following definitions shall
apply:
``(1) Covered allegation.--The term `covered allegation'
means, with respect to an institution of higher education, an
allegation that a student of the institution committed an act
of sexual violence, or that members of a student organization
of the institution or the organization itself committed or were
involved in creating a hostile environment resulting in an act
of sexual violence.
``(2) Institutional disciplinary proceeding.--The term
`institutional disciplinary proceeding' means the process by
which an institution of higher education investigates and
adjudicates a covered allegation and imposes a sanction with
respect to the allegation, in accordance with the institution's
own code of conduct or similar internal rules.
``(3) Sexual violence.--The term `sexual violence' means,
with respect to an institution of higher education--
``(A) aggravated sexual abuse under section 2241 of
title 18, United States Code;
``(B) assault resulting in substantial bodily
injury under section 113(a)(7) of title 18, United
States Code;
``(C) battery, as defined under the applicable
criminal law of the jurisdiction in which the
institution is located;
``(D) rape, as defined under the applicable
criminal law of the jurisdiction in which the
institution is located;
``(E) sexual abuse under section 2242 of title 18,
United States Code; and
``(F) sexual assault, as defined under the
applicable criminal law of the jurisdiction in which
the institution is located.
``SEC. 162. EDUCATION, REPORTING, AND STUDENT CARE STRATEGIES FOR
PREVENTING SEXUAL VIOLENCE.
``(a) Education Programs.--
``(1) In general.--Each institution of higher education
which is subject to this part is encouraged to provide
education programs designed to address sexual violence that, at
a minimum, provide training for reporting covered allegations,
intervening as a bystander, and fostering development of
healthy relationships.
``(2) Access to programs.--The institution is encouraged--
``(A) to provide access to the programs required
under this subsection for each student during each
academic year; and
``(B) to ensure new students are made aware of the
programs and can access them as soon as possible after
beginning the course of study at the institution.
``(b) Support Services.--Each institution of higher education which
is subject to this part shall devote appropriate resources for the
care, support, and guidance for students affected by sexual violence.
``(c) Role of Volunteer Advisors to Student Organizations.--An
institution of higher education which is subject to this part--
``(1) may not designate an adult volunteer advisor to a
student organization, or any employee of a student organization
who is not also an employee of the institution, as a campus
security authority under section 485 or regulations
implementing that section; and
``(2) may not deny recognition to a student organization
because an advisor or employee described in paragraph (1) does
not register or serve as a campus security authority under
section 485 or regulations implementing that section.
``(d) Training.--Each institution of higher education which is
subject to this part shall provide appropriate annual training to
campus security personnel, campus disciplinary committee members, and
other relevant institutional personnel regarding the requirements of
this part, and shall at a minimum require each student who serves as a
resident advisor in housing facilities which are owned or supervised by
the institution to participate in this training.
``SEC. 163. DUE PROCESS REQUIREMENTS FOR INSTITUTIONAL DISCIPLINARY
PROCEEDINGS.
``(a) Due Process Rights.--Except as provided with respect to
interim sanctions under section 164, each institution of higher
education which is subject to this part may not impose any sanction on
any person, including a student organization, in response to a covered
allegation which is reported to the institution unless the sanction is
imposed under a formal hearing or similar adjudicatory proceeding, in
accordance with institutional disciplinary proceedings that meet each
of the following requirements:
``(1) The institution shall provide all parties to the
proceeding with adequate written notice of the allegation not
later than 2 weeks prior to the start of any formal hearing or
similar adjudicatory proceeding, and shall include in such
notice a description of all rights and responsibilities under
the proceeding, a statement of all relevant details of the
allegation, and a specific statement of the sanctions which may
be imposed.
``(2) The institution shall provide each person against
whom the allegation is made with a meaningful opportunity to
admit or contest the allegation.
``(3) The institution shall ensure that all parties to the
proceeding have access to all material evidence, including both
inculpatory and exculpatory evidence, not later than one week
prior to the start of any formal hearing or similar
adjudicatory proceeding. Such evidence may include but is not
limited to complainant statements, third-party witness
statements, electronically stored information, written
communications, social media posts, and demonstrative evidence.
``(4) The institution shall permit each party to the
proceeding to be represented, at the sole expense of the party,
by an attorney or other advocate for the duration of the
proceeding, including during the investigation of the
allegation and other preliminary stages prior to a formal
hearing or similar adjudicatory proceeding, and shall permit
the attorney or other advocate to ask questions in the
proceeding, file relevant papers, examine evidence, and examine
witnesses (subject to paragraph (5)).
``(5) The institution shall permit each party to the
proceeding to safely confront witnesses, including the
complainant, in an appropriate manner, including by submitting
written questions to be asked by the person serving as the
adjudicator in any formal hearing or similar adjudicatory
proceeding, except that it shall presumptively improper for any
person to make any inquiry about the sexual history of the
individual reporting the covered allegation (other than an
inquiry made by the individual against whom the allegation is
made, or such individual's counsel or advocate, about the
sexual history between such individual and the individual
reporting the covered allegation).
``(6) The institution shall ensure that the proceeding is
carried out free from conflicts of interest by ensuring that
there is no commingling of administrative or adjudicative
roles. For purposes of this paragraph, an institution shall be
considered to commingle such roles if any individual carries
out more than one of the following roles with respect to the
proceeding:
``(A) Victim counselor and victim advocate.
``(B) Investigator.
``(C) Prosecutor.
``(D) Adjudicator.
``(E) Appellate adjudicator.
``(b) Standard of Proof.--An institution of higher education may
establish and apply such standard of proof as it considers appropriate
for purposes of any adjudication carried out as part of an
institutional disciplinary proceeding under this section.
``(c) Judicial Review.--
``(1) Private right of action.--Any individual who is
aggrieved by a decision to impose a sanction under an
institutional disciplinary proceeding under this section may
bring a civil action in an appropriate district court of the
United States, but only if the action is brought not later than
1 year after the date on which the individual received final
notice of the sanction imposed on the individual under the
proceeding.
``(2) Standard for review.--In any action brought under
this subsection, the court may find for the plaintiff only if
the court finds that the imposition of the sanction was
arbitrary, capricious, or contrary to law.
``(3) Records.--As soon as practicable after a civil action
is filed under this subsection, the institution of higher
education involved shall forward the administrative record of
the institutional disciplinary proceeding to the court.
``(4) Damages and prevailing party fees.--In any civil
action under this subsection, the court may award the
prevailing party (other than the institution of higher
education) compensatory damages, reasonable court costs,
attorney fees, including expert fees, and any other relief in
equity or law that the court deems appropriate.
``(d) Publication in Student Handbook.--Each institution of higher
education which is subject to this part shall publish annually in the
institution's Student Handbook (or equivalent publication) a statement
of the procedures applicable to institutional disciplinary proceedings
under this section, and shall publish such statement in the form of a
contract between the institution and its students and student
organizations.
``(e) No Right to Paid Advocate.--Nothing in this section shall be
construed to create a right for any individual to be represented by an
attorney or other advocate at an institution of higher education's
expense.
``SEC. 164. SPECIAL RULES FOR IMPOSITION OF INTERIM SANCTIONS.
``(a) Permitting Institution To Impose Interim Sanctions.--
``(1) In general.--Notwithstanding section 163, an
institution may impose interim sanctions against the subject of
the allegation with respect to the allegation (including
temporary suspensions, no contact orders, adjustments of class
schedules, or changes in housing assignments) and carry out
investigations and adjudications with respect to the imposition
of such sanctions, but only if the institution determines that
the imposition of such a sanction is a reasonable measure to
promote campus safety and student well-being.
``(2) Special rules for duration of periods of temporary
suspensions.--
``(A) Students.--Subject to paragraph (3), if the
subject of an allegation is a student, an institution
may impose a temporary suspension for a period of not
more than 15 days as an interim sanction under this
subsection, and may extend the suspension for
additional periods of not more than 30 days per period
if, pursuant to a hearing held in accordance with the
requirements of section 163 for each such additional
period, the institution finds that extension is
necessary because the student poses an immediate threat
to campus safety and student well-being.
``(B) Student organizations.--If the subject of an
allegation is a student organization, an institution
may impose a temporary suspension for a period of not
more than 10 days on the operations of the organization
as an interim sanction under this subsection, but only
if the institution determines that the organization has
engaged in activity that presents a significant risk to
the health and physical safety of campus community
members, and that the imposition of the suspension is
not done merely for punitive purposes.
``(3) Period in which interim sanction is in effect.--An
interim sanction imposed under this subsection with respect to
an allegation shall terminate no later than the conclusion of
the proceedings carried out in accordance with section 163.
``(4) Prohibiting imposition of interim sanctions upon
joint request of alleged victim and law enforcement.--An
institution may not impose an interim sanction under this
subsection with respect to a covered allegation during any
period for which the alleged victim and the law enforcement
agency which is investigating the allegation submit a joint
request to the institution to not impose such an interim
sanction.
``(b) Safe Harbors.--
``(1) Institutions.--No institution of higher education
which is subject to this part shall be considered to have
violated any provision of title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.) or any policy or regulation
implementing any such provision on the grounds that the
institution deferred to a law enforcement investigation at the
request of law enforcement personnel, to the extent that the
institution was prohibited under this section from initiating
or carrying out any institutional disciplinary proceeding with
respect to the allegation.
``(2) Students.--An institution of higher education which
is subject to this part may not impose a sanction on a student
who is a victim of, or a bystander witness to, an act of sexual
violence on the grounds that the student engaged in conduct
prohibited under the institution's code of conduct (other than
violent conduct) if the institution learned that the student
engaged in such conduct as part of a report of a covered
allegation which was made in good faith by the student to an
agent of the institution.
``(c) No Effect on Civil Remedies.--Nothing in this section or
section 163 may be construed to limit the authority of any person to
seek a civil remedy in a court of competent jurisdiction with respect
to any covered allegation.
``SEC. 165. PRESERVATION OF SINGLE-SEX EXEMPTION FOR STUDENT
ORGANIZATIONS.
``(a) Restatement of Congressional Position on Title IX and Single-
Sex Organizations.--Congress finds as follows:
``(1) The enactment of title IX of the Education Amendments
of 1972 (commonly known as `title IX') continues to be a vital
element of ensuring all Americans have equal access to higher
education.
``(2) The exemption under title IX that allows single-sex
organizations to continue to flourish at institutions of higher
education is still essential to developing a wide range of
enrichment opportunities for students to learn and grow.
``(3) While title IX has done much to provide opportunities
for women and men alike, the single-sex exemption is a part of
that tapestry of opportunities, and institutions of higher
education may not take actions that undermine this single-sex
exemption.
``(b) Prohibiting Institutions From Requiring Single-Sex Student
Organizations To Waive Title IX Protections.--An institution of higher
education which is subject to this part may not--
``(1) require a student organization which is authorized
under section 901(a)(6)(A) of the Education Amendments of 1972
(20 U.S.C. 1681(a)(6)(A)) to limit its membership to
individuals of one sex to admit individuals as members who do
not meet the organization's membership requirements;
``(2) compel a student organization or the governing body
of a student organization that is itself comprised of single-
sex organizations to accept organizations or individuals that
do not meet the organization's or governing body's membership
qualifications; or
``(3) require an organization which is covered by section
901(a)(6)(A) of the Education Amendments of 1972 (20 U.S.C.
1681(a)(6)(A)) to waive its coverage under such section as a
disciplinary or punitive measure.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to allegations made on or after the expiration of
the 1-year period that begins on the date of the enactment of this Act. | Fair Campus Act of 2015 This bill amends title I (General Provisions) of the Higher Education Act of 1965 (HEA) to establish requirements with respect to sexual violence allegations at institutions of higher education (IHEs). An IHE that receives HEA funds, except a foreign institution, must provide support services to affected students and annual training to relevant personnel. This bill prohibits an IHE from imposing sanctions on a person, including a student organization (e.g., a fraternity or sorority), with respect to alleged sexual violence, except pursuant to a formal hearing in accordance with institutional disciplinary proceedings. It specifies due process requirements for such proceedings, permits an IHE to select the applicable standard of proof, and directs an IHE to publish applicable procedures in its student handbook. An IHE may initiate an institutional disciplinary proceeding to impose certain interim sanctions (e.g., a class schedule adjustment). It also prohibits an IHE from requiring a sorority or fraternity to: (1) admit members who do not meet membership requirements, or (2) waive its coverage exemption under title IX of the Education Amendments Act of 1972 (title IX prohibits sex discrimination in federally funded education programs and activities) as a disciplinary or punitive measure. | {"src": "billsum_train", "title": "Fair Campus Act of 2015"} | 3,511 | 296 | 0.520804 | 1.529573 | 0.725329 | 2.072961 | 13.493562 | 0.819742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Pathway to Citizenship Act
of 2017''.
SEC. 2. NATURALIZATION OF VETERANS DURING PERIODS OF HOSTILITIES.
(a) Naturalization of Veterans During Periods of Hostilities.--
Section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) is
amended by adding at the end the following:
``(d) Remedies.--
``(1) Immigration status.--
``(A) Assumption of lawful permanent resident
status.--For purposes of this title, any current or
former member of the Armed Forces who would be eligible
for naturalization under this section but is not by
reason of a failure to complete a specified period of
residence or physical presence within the United States
under this title or failure to maintain status as a
lawful permanent resident shall, upon application for
naturalization, be deemed to be a lawful permanent
resident and to have fulfilled any residency and
physical presence requirements solely for purposes of
such current or former member's application for
naturalization.
``(B) Prior removals.--In the case of any current
or former member of the Armed Forces who is seeking
naturalization under this section, no prior removal may
be taken into account for purposes of eligibility for
any immigration benefit or in determining
deportability, or inadmissibility, including for
purposes of the application of sections 212(a)(9) and
318.
``(2) Pardons.--
``(A) In general.--Except as provided in
subparagraph (B), in the case of a current or former
member of the Armed Forces who receives a pardon for an
offense, that offense may not be taken into account for
purposes of an application for naturalization under
this section, including as to--
``(i) requirements under section 212; and
``(ii) requirements under section 316.
Such benefit shall apply only as to the current or
former member's application for naturalization.
``(B) Exception.--Subparagraph (A) shall not apply
if the offense pardoned was the same offense that
caused that former member's separation from the Armed
Forces in any manner other than honorable.
``(3) Notice program.--
``(A) Upon enlistment.--Every military recruiter or
officer overseeing an enlistment shall provide to every
recruit proper notice of that recruit's options for
naturalization under this title, and shall inform the
recruit of existing programs or services that may aid
in the recruit's naturalization process, including
directing the recruit to the Judge Advocate General or
other designated point-of-contact for naturalization.
``(B) Upon discharge.--The Secretary of Homeland
Security, acting through the Director of the United
States Customs and Immigration Services, and in
coordination with the Secretary of Defense, shall
provide to every former member of the Armed Forces,
upon separation from the Armed Forces, an adequate
notice of that former member's options for
naturalization under this title, and shall inform that
former member of existing programs and services that
may aid in the naturalization process. The Secretary
shall issue along with this notice a copy of each form
required for naturalization and a copy of the
certification of honorable service required under
subsection (b)(3), at no expense to that former member.
``(4) Application automatically filed.--When the current or
former member who would be eligible for naturalization under
this section becomes eligible for such naturalization, the
Secretary of Homeland Security, in coordination with the
Secretary of Defense shall notify the member of his or her
eligibility, and shall, unless the member requests the
Secretary of Homeland Security not do so, submit an application
for the naturalization on behalf of that member.
``(5) Veteran's application to be given treatment as though
timely filed.--In the case of any current or former member of
the Armed Forces who would be eligible for naturalization under
this section but is not by reason of a failure or inability to
timely file application for naturalization, the Director of
United States Customs and Immigration Services shall review any
application for naturalization submitted by or on behalf of the
former member as if it were completed and timely filed.''.
(b) Prospective Repeal.--Section 329 of the Immigration and
Nationality Act (8 U.S.C. 1440) is amended by striking subsection
(d)(5).
(c) Applicability.--
(1) Effective date of amendment.--The amendment made by
subsection (a) shall take effect beginning on the date of
enactment of this Act.
(2) Effective date of repeal.--The amendment made by
subsection (b) shall take effect beginning 1 year after the
date of enactment of this Act. | Veterans' Pathway to Citizenship Act of 2017 This bill amends the Immigration and Nationality Act to provide that a current or former member of the Armed Forces who would be eligible for naturalization but is not because of failure to complete a specified period of residence or physical presence within the United States or failure to maintain lawful permanent resident status shall be deemed to be a lawful permanent resident and to have fulfilled any residency and physical presence requirements solely for naturalization purposes. With respect to any such individual seeking naturalization: (1) a prior removal may be not taken into account for purposes of any immigration benefit or in determining deportability or inadmissibility, and (2) an offense for which a pardon was received may not be taken into account for naturalization purposes unless the offense was the same offense that caused the individual's separation from the Armed Forces in any manner other than honorable. A military recruiter or officer overseeing an enlistment shall inform every recruit of, and the Department of Homeland Security shall provide every separating member of the Armed Forces with notice of, naturalization options and available naturalization assistance services. In the case of a current or former member of the Armed Forces who would be eligible for naturalization but is not because of failure to timely file an application for naturalization, a subsequently filed naturalization application shall be reviewed as if it were timely filed. This provision is repealed one year after the date of enactment of the bill. | {"src": "billsum_train", "title": "Veterans\u2019 Pathway to Citizenship Act of 2017"} | 1,074 | 322 | 0.749921 | 2.177891 | 0.777193 | 4.081481 | 3.507407 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Public Lands Open Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) units of the National Park System, units of the
National Forest System, units of the National Wildlife Refuge
System, and other public land--
(A) are an integral part of the conservation
heritage of the United States;
(B) provide many recreational opportunities; and
(C) support jobs and economic activity in
communities across the United States, including in many
rural areas; and
(2) it is critical that the public have uninterrupted
access to the national treasures referred to in paragraph (1).
SEC. 3. AUTOMATIC CONTINUING APPROPRIATIONS FOR CERTAIN COVERED
ACCOUNTS.
(a) Definition of Covered Account.--In this section, the term
``covered account'' means each of the following appropriation accounts:
(1) Within the Department of the Interior for the Fish and
Wildlife Service, within the resource management appropriation,
amounts made available for--
(A) the activities of the National Wildlife Refuge
System; and
(B) habitat conservation.
(2) Within the Department of the Interior for the Fish and
Wildlife Service, the appropriation for the Migratory Bird
Conservation Account.
(3) Within the Department of Agriculture for the Forest
Service, within the National Forest System appropriation,
amounts made available for--
(A) the activities of recreation, heritage, and
wilderness; and
(B) law enforcement operations.
(4) Within the Department of the Interior for the Bureau of
Land Management, within the management of land and resources
appropriation, amounts made available for--
(A) the activities of recreation management,
resource protection, and maintenance; and
(B) the National Landscape Conservation System.
(5) Within the Department of the Interior for the National
Park Service, the appropriation for the operation of the
National Park System.
(6) Within the Department of the Interior for the Fish and
Wildlife Service, the appropriation for the North American
Wetlands Conservation Fund.
(7) Within the Department of the Interior for the United
States Fish and Wildlife Service, within the resource
management appropriation, under the activity of general
operations, the amounts made available for the National Fish
and Wildlife Foundation.
(8) Within the Department of the Interior for the United
States Fish and Wildlife Service, the appropriation for land
acquisition.
(9) Within the Department of Agriculture for the Forest
Service, the appropriation for land acquisition.
(10) Within the Department of the Interior for the Bureau
of Land Management, the appropriation for land acquisition.
(11) Within the Department of the Interior for the National
Park Service, the appropriation for land acquisition and State
assistance.
(b) Authorization for Continuing Appropriations.--If an
appropriations measure for a covered account for a fiscal year is not
enacted before the beginning of the applicable fiscal year and a joint
resolution making continuing appropriations for the covered account is
not in effect, such sums as may be necessary shall be made available
without further appropriation to continue any program, project, or
activity for which funds were provided from the covered account in the
preceding fiscal year.
(c) Amount of Appropriations and Funds.--Appropriations and funds
made available under this section for a program, project, or activity
funded by a covered account shall be in an amount equal to a pro rata
amount of the annual funding provided for the program, project, or
activity in the preceding appropriations Act or, in the absence of a
regular appropriations Act, a joint resolution making continuing
appropriations for the preceding fiscal year.
(d) Availability of Amounts.--Appropriations and funds made
available, and authority granted, under this section for a program,
project, or activity funded by a covered account shall be available for
the period beginning with the first day of a lapse in appropriations
and ending on the date of enactment of the applicable appropriations
Act or a joint resolution making continuing appropriations until the
end of the fiscal year, whether or not the Act or resolution provides
for the program, project, or activity.
(e) Requirements.--Amounts made available, or authority granted,
for a program, project, or activity funded by a covered account for any
fiscal year under this Act shall be subject to--
(1) the terms and conditions imposed with respect to the
program, project, or activity for the preceding fiscal year;
and
(2) the authority granted for the program, project, or
activity funded by the covered account under applicable law.
(f) Applicable Accounts.--Expenditures made for a program, project,
or activity funded by a covered account for any fiscal year under this
Act shall be charged to the applicable covered account on the date of
enactment of an appropriations Act or a joint resolution making
continuing appropriations until the end of a fiscal year that provides
funds for the program, project, or activity for the applicable period.
(g) Exclusions.--This section shall not apply to a program,
project, or activity funded by a covered account during a fiscal year
if any other provision of law (other than a change in authorization of
appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for the program, project, or activity to
continue for the applicable period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for the program, project, or activity to continue
for the applicable period. | Keeping Public Lands Open Act - Provides that if an appropriations measure for a covered account for a fiscal year is not enacted before the beginning of that fiscal year and a joint resolution making continuing appropriations for such account is not in effect, such sums as necessary shall be made available without further appropriation to continue any activity for which funds were provided from such account in the preceding fiscal year. Defines "covered account" to mean specified appropriation accounts of: (1) the Department of the Interior for the U.S. Fish and Wildlife Service, including amounts for activities of the National Wildlife Refuge System, habitat conservation, the Migratory Bird Conservation Account, the North American Wetlands Conservation Fund, the National Fish and Wildlife Foundation, and land acquisition; (2) the Department of the Interior for the Bureau of Land Management (BLM), including amounts for the National Landscape Conservation System, land acquisition, and the activities of recreation management, resource protection, and maintenance; (3) the Department of the Interior for the National Park Service, including amounts for land acquisition and state assistance; and (3) the Department of Agriculture (USDA) for the Forest Service, including amounts for land acquisition, law enforcement operations, and the activities of recreation, heritage, and wilderness. | {"src": "billsum_train", "title": "Keeping Public Lands Open Act"} | 1,218 | 271 | 0.713169 | 1.922209 | 0.752012 | 4.292181 | 4.720165 | 0.958848 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Health Care Claims,
Guidance, and Investigations Act''.
SEC. 2. RULES FOR ACTIONS UNDER FALSE CLAIMS PROVISIONS BASED ON CLAIMS
SUBMITTED UNDER CERTAIN HEALTH CARE PROGRAMS.
(a) In General.--Subchapter III of chapter 37 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 3734. Rules for certain actions based on health care claims
``(a) In General.--In the case of any action that is brought under
section 3730 and is based on a claim submitted with respect to a
Federal health care program, sections 3729 through 3733 shall apply
only to the extent that such sections are consistent with the
provisions of this section.
``(b) Investigations of False Claims to Federal Health Care
Programs.--
``(1) In general.--Before requesting any information from a
physician, hospital, or other provider or supplier of health
care services, by any formal or informal means, directly or in
cooperation with an investigating law enforcement agency, in
connection with an investigation reasonably expected to concern
10 or more claims submitted to a Federal health care program by
or on behalf of a single entity, the Attorney General shall
certify, in writing, that--
``(A) each agency responsible for promulgating
relevant regulations, guidelines, and billing
instructions, directly or through intermediaries, has
examined all regulations, guidelines, and billing
instructions relevant to the allegations, all
communications between the alleged perpetrator and the
agency and its intermediaries, and each of the
allegedly false claims;
``(B) in the view of the responsible agency
officials and the Attorney General, the allegations
under investigation are viable, and the relevant
regulations, guidelines and billing instructions were
unambiguous during the relevant time period; and
``(C) if proven to be true, the allegations are
appropriately pursued under section 3729.
``(2) If certification not made.--If the Attorney General
(or his or her designee) is unable to make the certifications
required under paragraph (1), and the allegations were included
in an action brought by a person under section 3730(b), the
Attorney General shall notify the court and the court shall
dismiss these allegations.
``(c) Actions if Amount of Damages Are Material Amount.--
Notwithstanding sections 3729 through 3733, no action may be brought
under section 3730 that is based on a claim submitted or an overpayment
retained with respect to a Federal health care program unless the
amount of damages alleged to have been sustained by the United States
Government with respect to such claim or overpayment is a material
amount.
``(d) Actions for Claims Submitted in Reliance on Official
Guidance.--Notwithstanding sections 3729 through 3733, no action may be
brought under section 3730 based on a claim submitted or an overpayment
retained with respect to a Federal health care program--
``(1) in good faith reliance on erroneous information
supplied by an agency (or an agent thereof) about matters of
fact at issue;
``(2) in good faith reliance on written statements of
Federal policy that affects the claim or overpayment that were
provided by a Federal agency (or an agent thereof); or
``(3) in good faith reliance on an audit or review by an
agency of the person submitting the claim or on whose behalf
the claim was submitted, or of the person retaining the
overpayment, in which no findings were made that the claim or
overpayment violated the regulations, guidelines, or
instructions applicable to the Federal health care program at
issue in the claim or overpayment.
``(e) Action for Claims Submitted by Persons in Substantial
Compliance With Model Compliance Plan.--Notwithstanding sections 3729
through 3733, no action may be brought under section 3730 based on a
claim submitted by or on behalf of a person, or an overpayment
retained, with respect to a Federal health care program if the claim is
submitted, or the overpayment retained, in substantial compliance with
a model compliance plan issued by the Secretary of Health and Human
Services with respect to that Federal health care program.
``(f) Standard of Proof.--In any action brought under section 3730
with respect to a claim submitted, or an overpayment retained, with
respect to a Federal health care program, section 3731(c) shall be
applied by substituting `clear and convincing evidence' for `a
preponderance of the evidence'.
``(g) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Government of the United States
to recover damages with respect to a claim submitted, or an overpayment
retained, with respect to a Federal health care program under
provisions of law other than section 3729.
``(h) Definitions; Special Rules.--For purposes of this section--
``(1) the term `claim' means a claim as defined in section
3729(c);
``(2) the term `Federal health care program' means--
``(A) any plan or program that provides health care
benefits, whether directly, through insurance, or
otherwise, and that is funded directly, in whole or in
part, by the United States Government;
``(B) any State health care program, as defined in
section 1128(h) of the Social Security Act; or
``(C) any qualifying health plan offered through an
Exchange established under, or any other health plan
established under, the Patient Protection and
Affordable Care Act (Public Law 111-148);
``(3) the amount of damages alleged to have been sustained
by the United States Government with respect to a claim
submitted by (or on behalf of) a person shall be treated as a
`material amount' only if such amount exceeds a proportion
(specified in regulations promulgated by the Secretary of
Health and Human Services in consultation with the Secretary of
Defense) of the total of the amounts for which claims were
submitted by (or on behalf of) such person--
``(A) to the same Federal health care program, and
``(B) for the same calendar year,
as the claim upon which an action under section 3730 is based;
``(4) in determining whether an amount of damages is a
`material amount' under paragraph (3), with respect to a
person--
``(A) the amount of damages for more than 1 claim
may be aggregated only if the acts or omissions
resulting in such damages were part of a pattern of
related acts or omissions by such person; and
``(B) if damages for more than 1 claim are
aggregated in accordance with subparagraph (A), the
proportion referred to in paragraph (3) shall be
determined by comparing the amount of such aggregate
damages to the total of the amounts for which claims
were submitted by (or on behalf of) such person to the
same Federal health care program for each of the
calendar years for which any claim upon which such
aggregate damages were based was submitted;
``(5) the term `intermediary' means, with respect to a
Federal health care program, a contractor with an agency, a
State, or other entity that is engaged in the implementation of
that Federal health care program; and
``(6) the term `State' means each of the several States,
the District of Columbia, and any territory or possession of
the United States.''.
(b) Conforming Amendment.--The table of sections for chapter 37 of
title 31, United States Code, is amended by adding at the end the
following new item:
``3734. Rules for certain actions based on health care claims.''.
(c) Effective Date.--The amendments made by this section shall
apply to any action or investigation under sections 3729 through 3733
of title 31, United States Code, that is pending on, or commenced on or
after, the date of the enactment of this Act. | Fairness in Health Care Claims, Guidance, and Investigations Act - Amends the False Claims Act to set forth special rules for the investigation and prosecution of false claims submitted with respect to a federal health care program (i.e., a health care program funded by the federal government, a state health care program defined by the Social Security Act, or a health plan offered under the Patient Protection and Affordable Care Act). Requires the Attorney General to certify in writing, prior to requesting any information from a physician, hospital, or other provider or supplier of health care services in connection with an investigation reasonably expected to concern 10 or more claims submitted to a federal health care program by or on behalf of a single entity, that: (1) each agency responsible for promulgating relevant regulations, guidelines, and billing instructions relevant to any allegations of fraud has examined such regulations, guidelines, and instructions, all communications between the alleged perpetrator of the fraud and the agency, and each of the allegedly false claims; (2) the allegations under investigation are viewed as viable based on unambiguous regulations, guidelines, and billing instructions issued during the relevant time period; and (3) if proven to be true, the allegations will be pursued under the False Claims Act. Prohibits an action against a health care provider or supplier under the False Claims Act: (1) unless the amount of damages alleged to have been sustained by the government is a material amount, (2) if a claim is submitted in good faith reliance on erroneous information or written statements of federal policy provided by a federal agency or in good faith reliance on an audit or review by an agency of the entity submitting the claim or retaining an overpayment, or (3) if a claim is submitted in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (HHS). Establishes the standard of proof necessary for a civil prosecution of a claim submitted with respect to a federal health care program as clear and convincing evidence (currently, a preponderance of the evidence is required for all other claims). | {"src": "billsum_train", "title": "Fairness in Health Care Claims, Guidance, and Investigations Act"} | 1,787 | 464 | 0.673383 | 2.209377 | 0.89954 | 4.33995 | 4.109181 | 0.945409 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission for American Mathematics
Leadership Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Students in the United States should be the world
leaders in mathematics achievement within the next decade.
(2) The Third International Mathematics and Science Study
(hereinafter in this Act referred to as the ``TIMSS''), the
largest international study ever undertaken of how students
perform in mathematics and science, demonstrated that the
mathematics skills of students in the United States (including
the top 10 percent of students in the United States) lag far
behind the skills of students in many other nations, even
though students in the United States spend more class time on
mathematics and science and usually are assigned more homework.
(3) Research indicates that the problems of mathematics and
science education in the United States stem largely from the
lack of a coherent and focused curriculum designed for high-
level learning goals, the lack of assessment instruments
aligned with such curricula, and the lack of a sufficient
commitment by colleges and universities in the United States to
high-quality teacher preparation and professional development
programs.
(4) Core problems exist with the courses of study and the
teaching style on which many schools in the United States rely
to instruct students in mathematics and science, as reflected
in the conclusion of the National Science Foundation that
schools in the United States teach math concepts in
superficial, and ultimately ineffective, ways.
(5) A developed framework for mathematics and science
should be coherent, focused, and give balanced attention to
basic skills, conceptual understanding, problem solving,
reasoning, and communication skills, and appropriate uses of
technology.
(6) The failure of mathematics and science teaching methods
in the United States requires a systemic retraining of, and an
increased emphasis on the professional development of, teachers
in the United States.
(7) Teachers of mathematics and science should be well-
trained professionals who combine sound knowledge of subject
matter with the necessary skills and a good understanding of
student learning and assessment.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission for American Mathematics Leadership'' (in
this Act referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 12 members as
follows:
(1) Four members appointed by the President.
(2) Four members appointed by the Speaker of the House of
Representatives, in consultation with the minority leader of
the House of Representatives.
(3) Four members appointed by the President pro tempore of
the Senate, in consultation with the minority leader of the
Senate.
SEC. 4. DUTIES OF COMMISSION.
The Commission shall, in coordination with the National Academy of
Sciences--
(1) review the existing research base on mathematics
education leadership, including the status of mathematics
education in the United States relative to international
competitors;
(2) propose professional development priorities to assure
that the teaching of mathematics at all educational levels in
the United States is strengthened; and
(3) formulate an implementation proposal, including
specific recommendations which can be implemented by
appropriate public and private agencies, for assuring world
class achievement of the United States in mathematics education
within a decade.
SEC. 5. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Commission shall submit to the Speaker of the House of
Representatives and to the President pro tempore of the Senate a report
including the findings and recommendations of the Commission under
section 4.
SEC. 6. POWERS.
The Commission may, for the purpose of carrying out its duties,
hold such hearings, sit and act at such times and places, take such
testimony, and receive such evidence, as the Commission considers
appropriate.
SEC. 7. COMMISSION PROCEDURES.
(a) Chairman.--A chairman of the Commission shall be elected by the
members of the Commission.
(b) Quorum.--Seven members of the Commission shall constitute a
quorum for the purpose of conducting meetings.
SEC. 8. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall not be paid by
reason of their service as members.
(b) Travel Expenses.--The members of the Commission shall be
allowed, while away from their homes or regular places of business in
the performance of services for the Commission, travel expenses
(including per diem in lieu of subsistence) in the same manner as
persons employed intermittently in Government service are allowed
expenses under section 5703 of title 5, United States Code.
SEC. 9. ADMINISTRATIVE SUPPORT.
The National Academy of Sciences shall provide the administrative
support services necessary for the Commission to carry out its duties
under this Act.
SEC. 10. FUNDING.
Out of any amounts appropriated for the National Science
Foundation, $750,000 shall be available for activities of the
Commission.
SEC. 11. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after submitting the report
required under section 5. | Commission for American Mathematics Leadership Act - Establishes the Commission for American Mathematics Leadership, which shall in coordination with the National Academy of Sciences (NAS): (1) review existing research on mathematics education leadership, including U.S. mathematics education status relative to international competitors; (2) propose professional development priorities to strengthen mathematics teaching at all U.S. educational levels; (3) formulate an implementation proposal to assure world class achievement in mathematics education by the United States within a decade; and (4) report findings and recommendations to the Congress.
Directs NAS to provide administrative support services to the Commission.
Makes available for Commission activities a specified amount from appropriations for the National Science Foundation. | {"src": "billsum_train", "title": "Commission for American Mathematics Leadership Act"} | 1,078 | 139 | 0.520739 | 1.536947 | 0.793254 | 2.977099 | 8.099237 | 0.900763 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EAC Improvements Act of 2011''.
SEC. 2. REAUTHORIZATION OF COMMISSION.
(a) Reauthorization.--Section 210 of the Help America Vote Act of
2002 (42 U.S.C. 15330) is amended by striking ``for each of the fiscal
years 2003 through 2005'' and inserting ``for each of the fiscal years
2012 through 2016''.
(b) Treatment of Commission in Same Manner as Federal Election
Commission for Purposes of Paperwork Reduction Act.--Section 3502(1) of
title 44, United States Code, is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E); and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) the Election Assistance Commission;''.
SEC. 3. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL ELECTION
SURVEYS.
(a) Requirement.--Title III of the Help America Vote Act of 2002
(42 U.S.C. 15481 et seq.) is amended by inserting after section 303 the
following new section:
``SEC. 303A. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION SURVEYS.
``(a) Requirement.--Each State shall furnish to the Commission such
information as the Commission may request for purposes of conducting
any post-election survey of the States with respect to the
administration of a regularly scheduled general election for Federal
office.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2012 and any succeeding election.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and
inserting ``303, and 303A''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following new item:
``Sec. 303A. Requiring participation in post-general election
surveys.''.
SEC. 4. DETERMINING EXTENT TO WHICH DISABLED INDIVIDUALS HAVE ACCESS TO
POLLING PLACES.
(a) Ongoing Surveys of Compliance With ADA.--In accordance with
section 241 of the Help America Vote Act of 2002 (42 U.S.C. 15381), not
later than 180 days after the date of the regularly scheduled general
election for Federal office held in November 2012 and each succeeding
regularly scheduled general election for Federal office, the Election
Assistance Commission, shall, with the assistance of the Comptroller
General, conduct and publish a survey of each polling place used for
the election to determine the percentage of such polling places that
were in compliance with the standards applicable to such locations
under the Americans With Disabilities Act of 1990.
(b) Evaluation of Need To Continue Surveys.--At the time the
Election Assistance Commission publishes the results of the survey
conducted under subsection (a) with respect to the regularly scheduled
general election for Federal office held in November 2020, the
Commission shall evaluate and make a recommendation to Congress
regarding whether the percentage of polling places in compliance with
the standards applicable to such locations under the Americans With
Disabilities Act of 1990 has increased to such an extent that there is
no longer a need to conduct surveys under subsection (a) with respect
to subsequent elections.
SEC. 5. ESTABLISHMENT OF PROCEDURES AND FEE SCHEDULES FOR CONDUCTING
TESTING OF VOTING EQUIPMENT HARDWARE AND SOFTWARE;
PAYMENT OF USER FEES FOR COMPENSATION OF ACCREDITED
LABORATORIES.
(a) In General.--Section 231(b) of the Help America Vote Act of
2002 (42 U.S.C. 15371(b)) is amended by adding at the end the following
new paragraphs:
``(3) Procedures for conducting testing; payment of user
fees for compensation of accredited laboratories.--
``(A) Establishment of escrow account.--The
Commission shall establish an escrow account (to be
known as the `Testing Escrow Account') that will serve
as the exclusive source for making payments to
accredited laboratories for the costs of the testing
carried out in connection with the certification,
decertification, and recertification of voting system
hardware and software.
``(B) Schedule of fees.--In consultation with the
accredited laboratories, the Commission shall establish
and regularly update a schedule of fees for the testing
carried out in connection with the certification,
decertification, and recertification of voting system
hardware and software, based on the reasonable costs
expected to be incurred by the accredited laboratories
in carrying out the testing for various types of
hardware and software.
``(C) Requests and payments by manufacturers.--A
manufacturer of voting system hardware and software may
not have the hardware or software tested by an
accredited laboratory under this section unless--
``(i) the manufacturer submits a detailed
request for the testing to the Commission;
``(ii) the request provides sufficient
information for the Commission to determine the
applicable fee for the testing under the
schedule established and in effect under
subparagraph (B);
``(iii) the Commission approves the
request; and
``(iv) the manufacturer pays to the
Commission, for deposit into the Testing Escrow
Account established under subparagraph (A), the
applicable fee for the testing.
``(D) Selection of laboratory.--Upon approving a
request for testing and receiving the payment from a
manufacturer required under subparagraph (C), the
Commission shall select at random (to the greatest
extent practicable), from all laboratories which are
accredited under this section to carry out the specific
testing requested by the manufacturer, an accredited
laboratory to carry out the testing.
``(E) Payments to laboratories.--Upon determining
that a laboratory selected to carry out testing
pursuant to subparagraph (D) has completed the testing
in accordance with the approved request, the Commission
shall make a payment to the laboratory from the Testing
Escrow Account established under subparagraph (A) in an
amount equal to the applicable fee paid by the
manufacturer under subparagraph (C)(iv).
``(4) Dissemination of additional information on accredited
laboratories.--
``(A) List of accredited laboratories.--The
Commission shall maintain and publish an updated list
of all accredited laboratories under this section.
``(B) Information on status of laboratories.--In
addition to updating the list maintained and published
under subparagraph (A), the Commission shall promptly
notify Congress, the chief State election official of
each State, and the public whenever--
``(i) the Commission revokes, terminates,
or suspends the accreditation of a laboratory
under this section;
``(ii) the Commission restores the
accreditation of a laboratory under this
section which has been revoked, terminated, or
suspended; or
``(iii) the Commission has credible
evidence of a significant security failure at
an accredited laboratory.
``(C) Information on testing.--Upon completion of
the testing of a voting system under this section, the
Commission shall promptly disseminate to the public the
identification of the laboratory which carried out the
testing.''.
(b) Conforming Amendments.--Section 231 of such Act (42 U.S.C.
15371) is further amended--
(1) in subsection (a)(1), by striking ``testing,
certification,'' and all that follows and inserting the
following: ``testing of voting system hardware and software by
accredited laboratories in connection with the certification,
decertification, and recertification of the hardware and
software for purposes of this Act.'';
(2) in subsection (a)(2), by striking ``testing,
certification,'' and all that follows and inserting the
following: ``testing of its voting system hardware and software
by the laboratories accredited by the Commission under this
section in connection with certifying, decertifying, and
recertifying the hardware and software.'';
(3) in subsection (b)(1), by striking ``testing,
certification, decertification, and recertification'' and
inserting ``testing''; and
(4) in subsection (d), by striking ``testing,
certification, decertification, and recertification'' each
place it appears and inserting ``testing''.
(c) Deadline for Establishment of Escrow Account and Schedule of
Fees.--The Election Assistance Commission shall establish the Testing
Escrow Account and schedule of fees described in section 231(b)(3) of
the Help America Vote Act of 2002 (as added by subsection (a)) not
later than January 1, 2012.
SEC. 6. STUDIES OF METHODS TO REDUCE COSTS OF ADMINISTERING ELECTIONS.
(a) Analysis of Factors Affecting Costs of Administering
Elections.--The Election Assistance Commission shall conduct a study
analyzing various factors that affect the costs to States and units of
local government of administering elections for Federal office,
including the following specific factors:
(1) The durability of the equipment used in voting systems.
(2) The extent to which States and units of local
government must replace existing systems because such systems
are not capable of using enhanced software or are not capable
of being upgraded in a cost-effective manner.
(3) The lack of competition among vendors and manufacturers
of the equipment used in voting systems because of
consolidation in the voting system industry.
(b) Recommendations for Steps To Reduce Costs.--The Commission
shall include in the study conducted under this section such
recommendations as the Commission shall consider appropriate to reduce
the costs incurred by States and units of local government in
administering elections for Federal office, including recommendations
for legislative action by Congress or the States.
(c) Deadline.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall submit the study conducted
under this section to Congress.
SEC. 7. STUDY OF METHODS FOR INCREASING EFFICIENCY AND COST-
EFFECTIVENESS OF ELECTION ASSISTANCE COMMISSION.
(a) Study.--The Comptroller General shall conduct a study of the
administrative operations of the Election Assistance Commission, and
shall include in the study an analysis of various methods for
increasing the efficiency and cost-effectiveness of such operations.
(b) Deadline; Report.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report on the study conducted under subsection (a), and shall include
in the report such recommendations as the Comptroller General considers
appropriate.
(c) Participation of Election Assistance Commission.--The Election
Assistance Commission shall provide the Comptroller General with such
assistance as the Comptroller General may require to carry out this
section. | EAC Improvements Act of 2011 - Amends the Help America Vote Act of 2002 to: (1) reauthorize the Election Assistance Commission (EAC), and (2) require states to participate in post-general election surveys.
Requires the EAC to: (1) conduct and publish a survey of each polling place used in an election to determine the percentage of them in compliance with standards under the Americans with Disabilities Act; (2) establish an escrow account for making payments to accredited laboratories for the costs of the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software; (3) establish a schedule of fees for such testing; and (4) maintain and publish an updated list of all accredited laboratories.
Directs the EAC to analyze various factors that affect the costs to state and local governments of administering elections for federal office.
Directs the Comptroller General to study the administrative operations of the EAC, including various methods for increasing their efficiency and cost-effectiveness. | {"src": "billsum_train", "title": "To amend the Help America Vote Act of 2002 to improve the operations of the Election Assistance Commission, and for other purposes."} | 2,549 | 220 | 0.550899 | 1.627233 | 0.778261 | 4.548223 | 10.903553 | 0.954315 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Act of 2004''.
SEC. 2. EXTENSION OF MEDICAID STATE FISCAL RELIEF.
(a) Extension of Temporary Freeze of Medicaid FMAP for Certain
States.--Section 401(a) of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 (42 U.S.C. 1396d note) is amended--
(1) in the subsection heading, by striking
``$10,000,000,000 for a'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``first 3
quarters of''; and
(B) by striking ``the first, second, and third
calendar quarters'' and inserting ``each calendar
quarter'';
(3) by redesignating paragraphs (3) through (9) as
paragraphs (4) through (10), respectively; and
(4) by inserting after paragraph (2), the following:
``(3) Permitting maintenance of fiscal year 2004 fmap for
fiscal year 2005.--Subject to paragraph (6), if the FMAP
determined without regard to this subsection for a State for
fiscal year 2005 is less than the FMAP as so determined for
fiscal year 2004, the FMAP for the State for fiscal year 2004
shall be substituted for the State's FMAP for each calendar
quarter of fiscal year 2005, before the application of this
subsection.''.
(b) Temporary Increase in Medicaid FMAP for All States.--Section
401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42
U.S.C. 1396d note), as amended by subsection (a), is amended by
striking paragraphs (4) and (5) (as redesignated by subsection (a)(3))
and inserting the following:
``(4) Temporary increase in medicaid fmap.--
``(A) General 2.95 percentage points increase for
last 2 calendar quarters of fiscal year 2003 and first
3 calendar quarters of fiscal year 2004.--Subject to
paragraphs (6), (7), and (8), for each State for the
third and fourth calendar quarters of fiscal year 2003
and for the first, second, and third calendar quarters
of fiscal year 2004, the FMAP (taking into account the
application of paragraphs (1), (2), and (3)) shall be
increased by 2.95 percentage points.
``(B) General 1.60 percentage points increase for
last calendar quarter of fiscal year 2004 and each
calendar quarter of fiscal year 2005.--Subject to
paragraphs (6), (7), and (8), for each State for the
fourth calendar quarter of fiscal year 2004 and each
calendar quarter of fiscal year 2005, the FMAP (taking
into account the application of paragraphs (1), (2),
and (3) but without regard to the application of
subparagraph (A)) shall be increased by 1.60 percentage
points.
``(5) Increase in cap on medicaid payments to
territories.--
``(A) Last 2 calendar quarters of fiscal year 2003
and first 3 calendar quarters of fiscal year 2004.--
Subject to paragraphs (7) and (8), with respect to the
third and fourth calendar quarters of fiscal year 2003
and the first, second, and third calendar quarters of
fiscal year 2004, 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.
``(B) Last calendar quarter of fiscal year 2004 and
each calendar quarter of fiscal year 2005.--Subject to
paragraphs (7) and (8), with respect to the fourth
calendar quarter of fiscal year 2004 and each calendar
quarter of fiscal year 2005, 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 2.52 percent of such amounts.''.
(c) Conforming Amendments.--Section 401(a) of the Jobs and Growth
Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note), as
amended by subsections (a) and (b), is amended--
(1) in paragraph (1), by striking ``paragraph (5)'' and
inserting ``paragraph (6)'';
(2) in paragraph (2), by striking ``paragraph (5)'' and
inserting ``paragraph (6)'';
(3) in paragraph (7) (as redesignated by subsection
(a)(3))--
(A) by striking ``paragraph (4)'' each place it
appears and inserting ``paragraph (5)''; and
(B) by striking ``paragraph (3)'' each place it
appears and inserting ``paragraph (4)'';
(4) in paragraph (8) (as so redesignated), by striking
``the first, second and third calendar quarters of fiscal year
2004'' and inserting ``each calendar quarter of fiscal year
2004 and fiscal year 2005''; and
(5) in paragraph (10) (as so redesignated), by striking
``October 1, 2004'' and inserting ``January 1, 2005''. | Medicaid Act of 2004 - Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to extend the temporary freeze of the Federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act (SSA) for certain States (continuing the FY 2003 FMAP through each calendar quarter of FY 2004, and the FY 2004 FMAP for each calendar quarter of FY 2005 if the FY 2005 FMAP would otherwise be less than the FY 2004 FMAP).
Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to increase the FMAP: (1) by 2.95 percentage points for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004; and (2) by 1.60 percentage points for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005.
Increases by 5.9 percent the ceiling on Medicaid payments to specified territories for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004. Increases such ceiling by 2.52 percent for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005.
. | {"src": "billsum_train", "title": "To extend State Medicaid fiscal relief."} | 1,192 | 234 | 0.714941 | 1.96001 | 0.824142 | 2.721698 | 5.283019 | 0.825472 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Main Street Revival Act of 2017''.
SEC. 2. DEFERRAL OF CERTAIN EMPLOYMENT TAXES BY SMALL BUSINESSES.
(a) In General.--Section 3111 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Election by Small Businesses To Defer Payment.--
``(1) In general.--A specified small business may elect to
pay the specified first-year employment taxes of such business
in installments as provided in paragraph (2).
``(2) Payment in installments.--
``(A) In general.--If an election is made under
paragraph (1), the specified first-year employment
taxes shall be paid in 4 equal installments. The first
installment shall be paid on the date which is one year
after the end of the specified first year and each
succeeding installment shall be paid on the date which
is one year after the due date of the previous
installment.
``(B) Acceleration of payment under certain
circumstances.--If there is an addition to tax for
failure to pay timely assessed with respect to any
installment required under this subsection, a
liquidation or sale of substantially all the assets of
the taxpayer (including in a title 11 or similar case),
a cessation of business by the taxpayer, or any similar
circumstance, then the unpaid portion of all remaining
installments shall be due on the date of such event (or
in the case of a title 11 or similar case, the day
before the petition is filed).
``(C) Proration of any deficiency to
installments.--If an election is made under paragraph
(1) to pay the specified first-year employment taxes in
installments and a deficiency has been assessed, the
deficiency shall be prorated to such installments. The
part of the deficiency so prorated to any installment
the date for payment of which has not arrived shall be
collected at the same time as, and as a part of, such
installment. The part of the deficiency so prorated to
any installment the date for payment of which has
arrived shall be paid upon notice and demand from the
Secretary. This subsection shall not apply if the
deficiency is due to negligence, to intentional
disregard of rules and regulations, or to fraud with
intent to evade tax.
``(3) Specified small business.--For purposes of this
section--
``(A) In general.--The term `specified small
business' means any HUBZone business if there is a
reasonable expectation as of the first day of the
specified first-year that such business will not employ
more than 25 full-time employees (determined under
section 45R(d) by treating the specified first year as
the taxable year) for such year. Such term shall not
include any business unless the specified first-year of
such business begins after the date of the enactment of
this subsection.
``(B) Hubzone business.--The term `HUBZone
business' means any employer if--
``(i) every trade or business of such
employer is actively conducted within a
HUBZone, and
``(ii) a substantial portion of the
services performed for such employer by its
employees are performed in a HUBZone.
``(C) Hubzone.--The term `HUBZone' means any area
which would be a historically underutilized business
zone (as defined in section 3(p)(1) of the Small
Business Act) if such section were applied without
regard to subparagraphs (C), (D), and (E) thereof.
``(4) Specified first-year employment taxes.--For purposes
of this section--
``(A) In general.--The term `specified first-year
employment taxes' means, with respect to any specified
small business, the taxes imposed under subsections (a)
and (b) with respect to wages paid during the specified
first-year of such business.
``(B) Specified first-year.--The term `specified
first-year' means, with respect to any specified small
business, the 1-year period beginning on the first date
that any employee of such business performs any service
for such business.
``(5) Aggregation rules, etc.--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 one
person for purposes of this subsection. Any reference in this
subsection to any person shall include a reference to any
predecessor of such person.
``(6) Trust funds held harmless.--Appropriations, deposits,
and transfers to the Federal Old-Age and Survivors Trust Fund
and the Federal Disability Insurance Trust Fund established
under section 201 of the Social Security Act (42 U.S.C. 401)
shall be made in such amount, at such time, and in such manner
as such appropriations, deposits, and transfers would be made
if this subsection had never been enacted.''.
(b) Effective Date.--The amendment made by this section shall apply
to any specified small business (as defined in section 3111(f) of the
Internal Revenue Code of 1986, as added by this section) the specified
first-year of which (within the meaning of such section 3111) begins
after the date of the enactment of this Act. | Main Street Revival Act of 2017 This bill amends the Internal Revenue Code to allow a specified small business to pay its first-year employment taxes in four annual installments. The bill defines "specified small business" as any HUBZone business (a business operating in a historically underutilized business zone as defined by the Small Business Act) that is not reasonably expected to employ more than 25 full-time employees in its first year of operation. | {"src": "billsum_train", "title": "Main Street Revival Act of 2017"} | 1,217 | 96 | 0.455612 | 1.220368 | 0.306487 | 2.738095 | 13.059524 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Employment Act for Fiscal Year
1994''.
TITLE I--SUPPLEMENTAL APPROPRIATIONS FOR FULL EMPLOYMENT ECONOMY
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, to provide supplemental
appropriations for fiscal year 1994:
CHAPTER I--DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Soil Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and flood prevention
operations'', $43,600,000 for the costs of emergency watershed
protection operations and for small watershed operations.
Rural Development Administration
rural water and waste disposal grants
For an additional amount for ``Rural water and waste disposal
grants'', $246,800,000.
Food and Nutrition Service
special supplemental food program for women, infants, and children
(wic)
For an additional amount for the special supplemental food program,
$75,000,000.
CHAPTER II--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY,
AND RELATED AGENCIES
RELATED AGENCIES
Small Business Administration
business loans program account
For an additional amount for ``Business loans program account'' for
the cost of guaranteed loans authorized by section 7(a) of the Small
Business Act, $140,900,000.
CHAPTER III--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
National Park Service
operation of the national park system
For an additional amount for ``Operation of the national park
system'', $146,500,000.
construction
For an additional amount for ``Construction'', $83,600,000.
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
For an additional amount for ``National forest system'', to be used
for maintenance, repairs, rehabilitation, and natural resource
conservation activities, $150,000,000.
construction
For an additional amount for ``Construction'', to be used for
recreation facility and trail construction, $37,800,000.
DEPARTMENT OF ENERGY
energy conservation
For enhanced ``Energy conservation'' activities, $100,800,000.
CHAPTER IV--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION,
AND RELATED AGENCIES
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment Services'',
$1,000,000,000, to carry out the Job Training Partnership Act.
community service employment for older americans
For an additional amount for ``Community service employment for
older Americans'', $19,100,000.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For an additional amount to carry out title XXVI of the Public
Health Service Act, $170,000,000.
Assistant Secretary for Health
office of the assistant secretary for health
For an additional amount for the ``Office of the Assistant
Secretary for Health'' for carrying out childhood immunization
activities under title III and subtitle 1 of title XXI of the Public
Health Service Act, $300,000,000.
Administration for Children and Families
children and families services programs
For an additional amount for carrying out the Head Start Act,
$500,000,000.
DEPARTMENT OF EDUCATION
compensatory education for the disadvantaged
For an additional amount for concentration grants under section
1006 of the Elementary and Secondary Education Act of 1965,
$500,000,000.
student financial assistance
For an additional amount for ``Student financial assistance'' for
payment of awards made under subpart 1 of part A of title IV of the
Higher Education Act of 1965, $1,521,700,000.
CHAPTER V--DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
FEDERAL AVIATION ADMINISTRATION
Grants-in-Aid for Airports
(liquidation of contract authorization)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development under section 14 of Public Law 91-258,
as amended, and under other law authorizing such obligations, and
obligations for noise compatibility planning and programs,
$500,000,000, to be derived from the Airport and Airway Trust Fund.
FEDERAL HIGHWAY ADMINISTRATION
Federal-Aid Highways
(highway trust fund)
For Federal-aid highways and highway safety construction programs,
$2,976,000,000, to be derived from the Highway Trust Fund.
FEDERAL RAILROAD ADMINISTRATION
Grants to the National Railroad Passenger Corporation
For an additional amount for ``Grants to the National Railroad
Passenger Corporation'', for capital improvements grants, $187,800,000.
FEDERAL TRANSIT ADMINISTRATION
Formula Grants
For an additional amount for ``Formula grants'' for capital grants,
$466,500,000.
CHAPTER VI--TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT
DEPARTMENT OF THE TREASURY
Internal Revenue Service
information systems
For an additional amount for ``Information systems'', $148,400,000,
to fund procurement of computer and telecommunications equipment and
services.
CHAPTER VII--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
DEVELOPMENT, AND INDEPENDENT AGENCIES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Homeless Assistance
transitional and supportive housing demonstration program
For an additional amount for ``Transitional and supportive housing
demonstration program'', $423,000,000.
Community Planning and Development
community development grants
For an additional amount for ``Community development grants'',
$2,536,000,000.
INDEPENDENT AGENCIES
Environmental Protection Agency
state revolving funds/construction grants
For an additional amount for ``State revolving funds/construction
grants'', to make grants under title VI of the Federal Water Pollution
Control Act, as amended, $845,300,000.
TITLE II--WORK HOURS
SEC. 201. OVERTIME COMPENSATION LIMIT.
(a) Act.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.) is amended by striking out ``one and one-half times'' each place
it occurs and inserting ``two times'' and by striking out ``forty
hours'' each place it occurs and inserting ``thirty hours''.
(b) Sections.--
(1) Section 7.--Section 7 of such Act (29 U.S.C. 207) is
amended--
(A) in subsection (b)(1), by striking ``one
thousand and forty'' and inserting ``seven hundred and
eighty'',
(B) in subsection (b)(2), by striking ``two
thousand and forty'' and inserting ``one thousand five
hundred and sixty'', by striking ``one thousand eight
hundred and forty hours'' and inserting ``one thousand
three hundred and eighty'', and by striking ``two
thousand and eighty'' and inserting ``one thousand five
hundred and sixty'',
(C) in subsection (b), by striking ``twelve'' and
inserting ``six'' and by striking ``fifty-six'' and
inserting ``forty-five'', and
(D) in subsection (e)(5), by striking ``eight'' and
inserting ``six''.
(2) Section 13.--Section 13(b)(29) (29 U.S.C. 213(b)(29))
is amended by striking out ``fifty-six hours'' and inserting
``forty-five hours''.
SEC. 202. EFFECTIVE DATE.
The amendments made by section 201 shall take effect upon the
expiration of 180 days after the date of the enactment of this Act.
TITLE III--WAGES
SEC. 301. MINIMUM WAGE.
Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) is amended to read as follows:
``(1) except as otherwise provided in this section, not
less than $7.00 an hour;''.
SEC. 302. EFFECTIVE DATE.
The amendment made by section 301 shall take effect upon the
expiration of 180 days after the date of the enactment of this Act.
TITLE IV--TAX INCENTIVES FOR FULL EMPLOYMENT
SEC. 401. SENSE OF CONGRESS.
It is the sense of the Congress that appropriate tax incentives
should be provided to businesses that hire new employees, create new
jobs, provide ongoing education and training for their employees,
provide child care arrangements for their employees, establish health
care plans for their employees, and undertake research and development.
TITLE V--ENTITLEMENT PROGRAMS
SEC. 501. SENSE OF CONGRESS.
It is the sense of the Congress that individuals who receive
assistance under any Federal entitlement program should seek to obtain
employment providing livable wages and, where appropriate, affordable
child care arrangements. | TABLE OF CONTENTS:
Title I: Supplemental Appropriations for Full Employment
Economy
Title II: Work Hours
Title III: Wages
Title IV: Tax Incentives for Full Employment
Title V: Entitlement Programs
Full Employment Act for Fiscal Year 1994 -
Title I: Supplemental Appropriations for Full Employment Economy
- Makes supplemental appropriations for FY 1994 to: (1) the Department of Agriculture for watershed and flood prevention operations, rural water and waste disposal grants, the special supplemental food program, and the National Forest System; (2) the Small Business Administration for the business loans program account; (3) the Department of the Interior for the National Park System; (4) the Department of Energy for energy conservation activities; (5) the Department of Labor for training and employment services and community service employment for older Americans; (6) the Department of Health and Human Services for health resources and services, the Office of the Assistant Secretary for Health, and children and families services programs; (7) the Department of Education for compensatory education for the disadvantaged and student financial assistance; (8) the Department of Transportation for grants-in-aid for airports, Federal-aid highways, grants to the National Railroad Passenger Corporation, and formula grants; (9) the Department of the Treasury for Internal Revenue Service information systems; (10) the Department of Housing and Urban Development for homeless assistance and community development grants; and (11) the Environmental Protection Agency for construction grants.
Title II: Work Hours
- Amends the Fair Labor Standards Act of 1938 to require overtime to be paid at two times the regular hourly rate (currently, one- and one-half times). Reduces the regular 40-hour workweek to a 30-hour workweek.
Title III: Wages
- Establishes the minimum wage at $7 an hour.
Title IV: Tax Incentives for Full Employment
- Expresses the sense of the Congress that appropriate tax incentives should be provided to businesses that hire new employees, create new jobs, provide ongoing education and training for their employees, provide child care arrangements for their employees, establish health care plans for their employees, and undertake research and development.
Title V: Entitlement Programs
- Expresses the sense of the Congress that individuals who receive assistance under any Federal entitlement program should seek to obtain employment providing livable wages and, where appropriate, affordable child care arrangements. | {"src": "billsum_train", "title": "Full Employment Act for Fiscal Year 1994"} | 2,102 | 497 | 0.560455 | 1.811565 | 0.610122 | 4.022869 | 3.528067 | 0.887734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taiwan Security Act of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since 1949, the close relationship between the United
States and Taiwan has been of enormous benefit to both parties.
(2) The security of Taiwan and its democracy are key
elements for the continued peace and stability of the greater
Asia-Pacific region, and the indefinite continuation of that
security is in the vital national security interests of the
United States.
(3) Taiwan and its diplomatic partners continue to face
sustained pressure and coercion from the People's Republic of
China to isolate Taiwan from the international community.
(4) The military balance of power along the Taiwan Strait
continues to shift in favor of the People's Republic of China,
which is currently engaged in a comprehensive military
modernization campaign to enhance the power-projection
capabilities of the People's Liberation Army.
(5) Since the United States discontinued annual arms sales
talks in 2001, defense article transfers to Taiwan have ceased
to occur in a routine manner.
(6) Recent delays, denials, and reductions of arms sales do
not optimize the ability of Taiwan to defend its democracy
against potential aggression from the People's Republic of
China.
SEC. 3. MILITARY EXCHANGES BETWEEN THE UNITED STATES AND TAIWAN.
(a) Military Exchanges Between Senior Officers and Officials of the
United States and Taiwan.--The Secretary of Defense shall carry out a
program of exchanges of senior military officers and senior officials
between the United States and Taiwan designed to improve military to
military relations between the United States and Taiwan.
(b) Exchanges Described.--For the purposes of this section, an
exchange is an activity, exercise, event, or observation opportunity
between members of the Armed Forces and officials of the Department of
Defense, on the one hand, and armed forces personnel and officials of
Taiwan, on the other hand.
(c) Focus of Exchanges.--The exchanges under the program required
by subsection (a) should include exchanges focused on the following:
(1) Threat analysis.
(2) Military doctrine.
(3) Force planning.
(4) Logistical support.
(5) Intelligence collection and analysis.
(6) Operational tactics, techniques, and procedures.
(7) Humanitarian assistance and disaster relief.
(d) Civil-Military Affairs.--The exchanges under the program
required by subsection (a) should include activities and exercises
focused on civil-military relations, including relations between the
military and parliament.
(e) Locations of Exchanges.--The exchanges under the program
required by subsection (a) should be conducted in both the United
States and Taiwan.
(f) Definitions.--In this section:
(1) The term ``senior military officer'', with respect to
the Armed Forces, means a general or flag officer of the Armed
Forces on active duty.
(2) The term ``senior official'', with respect to the
Department of Defense, means a civilian official of the
Department of Defense at the level of Assistant Secretary of
Defense or above.
SEC. 4. ENHANCED DIPLOMATIC CONTACTS WITH TAIWAN.
(a) In General.--The Secretary of Defense and the Secretary of
State are authorized and encouraged, to the extent consistent with law,
to send to Taiwan for visits officials of the Department of Defense and
the Department of State, as applicable, at the Assistant Secretary
level or above.
(b) Sense of Congress.--It is the sense of Congress that the high-
level visits authorized by subsection (a) will improve bilateral and
multilateral policy coordination between the United States and Taiwan,
and enhance dialogue between the United States and Taiwan, to promote
peace and stability in the Asia-Pacific region.
SEC. 5. ARMS SALES TO TAIWAN.
(a) In General.--The United States shall conduct regular transfers
of defense articles to Taiwan in order to support the efforts of Taiwan
to develop and integrate asymmetric capabilities, including undersea
warfare and air defense capabilities, into its military forces.
(b) Annual Strategic Dialogue on Sales.--
(1) In general.--The United States Government shall host
senior officials of the Taiwan Ministry of National Defense for
an annual strategic dialogue between the United States and
Taiwan on arms sales in order to ensure the regular transfer of
defense articles as described in subsection (a).
(2) Element on final decision on requested transfers in
annual dialogue.--Each strategic dialogue between the United
States and Taiwan pursuant to this subsection shall include a
presentation by United States officials to the Taiwan
delegation of final decisions by the United States regarding
the transfer of any defense articles requested by Taiwan within
the last fiscal year, whether pursuant to the Foreign Military
Sales program or the Direct Commercial Sales program.
SEC. 6. INVITATION OF TAIWAN MILITARY FORCES TO PARTICIPATE IN CERTAIN
JOINT MILITARY EXERCISES.
The Secretary of Defense shall invite the military forces of Taiwan
to participate in each of the following:
(1) The 2018 Rim of the Pacific Exercise (RIMPAC).
(2) One of the military exercises known as the ``Red Flag''
exercise, conducted at Eielson Air Force Base, Alaska, and
Nellis Air Force Base, Nevada, that is conducted during the
one-year period beginning on the date of the enactment of this
Act.
SEC. 7. NAVAL PORT OF CALL EXCHANGES BETWEEN THE UNITED STATES AND
TAIWAN.
The Secretary of Defense shall--
(1) reestablish regular ports of call by the United States
Navy in Kaohsiung, Taiwan, or in any other suitable port or
ports on the island of Taiwan; and
(2) permit the United States Pacific Command to receive
ports of call by the navy of the Republic of China in Hawaii,
Guam, or other appropriate locations.
SEC. 8. SENSE OF CONGRESS ON DEFENSE SPENDING BY TAIWAN.
Congress supports the plan of Taiwan to increase its defense
spending to 3 percent of gross domestic product as a necessary and
prudent means for Taiwan to enhance its military readiness and to more
effectively provide for the defense of its citizens.
SEC. 9. SENSE OF CONGRESS ON TAIWAN AND NORTH KOREA.
Congress supports the continued efforts of Taiwan to suspend all
economic ties with North Korea, as well as the cooperation of Taiwan
with the United States to achieve the peaceful denuclearization of
North Korea. | Taiwan Security Act of 2017 This bill directs the Department of Defense (DOD) to carry out a program of exchanges of senior military officers and senior officials between the United States and Taiwan that are designed to improve military relations. Exchanges should focus on: threat analysis; military doctrine; force planning; logistical support; intelligence collection and analysis; operational tactics, techniques, and procedures; humanitarian assistance and disaster relief; and civil-military relations. Such exchanges should be conducted in the United States and Taiwan. The United States shall: (1) conduct regular transfers of defense articles to Taiwan to support its efforts to develop and integrate asymmetric capabilities into its military forces, and (2) host senior officials of the Taiwan Ministry of National Defense for an annual strategic dialogue on arms sales to ensure the regular transfer of such articles. DOD shall invite Taiwan's military forces to participate in: (1) the 2018 Rim of the Pacific Exercise; and (2) one of the Red Flag military exercises at either Eielson Air Force Base, Alaska, or Nellis Air Force Base, Nevada. DOD shall: (1) reestablish regular ports of call by the U.S. Navy in Kaohsiung, Taiwan, or in other suitable ports on Taiwan; and (2) permit the United States Pacific Command to receive ports of call by Taiwan's navy in Hawaii, Guam, or other appropriate locations. | {"src": "billsum_train", "title": "Taiwan Security Act of 2017"} | 1,419 | 288 | 0.642275 | 2.002503 | 0.986705 | 4.879562 | 4.791971 | 0.937956 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Directed Energy Coordination and
Consolidation Act of 2000''.
SEC. 2. COORDINATION AND FACILITATION OF DEVELOPMENT OF DIRECTED ENERGY
TECHNOLOGIES, SYSTEMS, AND WEAPONS.
(a) Findings.--Congress makes the following findings:
(1) Directed energy systems are available to address many
current challenges with respect to military weapons, including
offensive weapons and defensive weapons.
(2) Directed energy weapons offer the potential to maintain
an asymmetrical technological edge over adversaries of the
United States for the foreseeable future.
(3) It is in the national interest that funding for
directed energy science and technology programs be increased in
order to support priority acquisition programs and to develop
new technologies for future applications.
(4) It is in the national interest that the level of
funding for directed energy science and technology programs
correspond to the level of funding for such large-scale
demonstration programs in order to ensure the growth of
directed energy science and technology programs and to ensure
the successful development of other weapons systems utilizing
directed energy systems.
(5) The industrial base for several critical directed
energy technologies is in fragile condition and lacks
appropriate incentives to make the large-scale investments that
are necessary to address current and anticipated Department of
Defense requirements for such technologies.
(6) It is in the national interest that the Department of
Defense utilize and expand upon directed energy research
currently being conducted by the Department of Energy, other
Federal agencies, the private sector, and academia.
(7) It is increasingly difficult for the Federal Government
to recruit and retain personnel with skills critical to
directed energy technology development.
(8) The implementation of the recommendations contained in
the High Energy Laser Master Plan of the Department of Defense
will address these critical issues and is in the national
interest.
(9) Implementation of the management structure outlined in
the Master Plan will facilitate the development of
revolutionary capabilities in directed energy weapons by
achieving a coordinated and focused investment strategy under a
new management structure featuring a joint technology office
with senior-level oversight provided by a technology council
and a board of directors.
(b) Coordination and Oversight Under High Energy Laser Master
Plan.--(1) Subchapter II of Chapter 8 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 204. Joint Technology Office
``(a) Establishment.--(1) There is in the Department of Defense a
Joint Technology Office (in this section referred to as the `Office').
``(2) The Office shall be part of the National Directed Energy
Center at Kirtland Air Force Base, New Mexico.
``(3) The Office shall be under the authority, direction, and
control of the Deputy Under Secretary of Defense for Science and
Technology.
``(b) Staff.--(1) The head of the Office shall be a civilian
employee of the Department of Defense in the Senior Executive Service
who is designated by the Secretary of Defense for that purpose. The
head of the Office shall be known as the `Director of the Joint
Technology Office'.
``(2) The Secretary of Defense shall provide the Office such
civilian and military personnel and other resources as are necessary to
permit the Office to carry out its duties under this section.
``(c) Duties.--The duties of the Office shall be to--
``(1) develop and oversee the management of a Department of
Defense-wide program of science and technology relating to
directed energy technologies, systems, and weapons;
``(2) serve as a point of coordination for initiatives for
science and technology relating to directed energy
technologies, systems, and weapons from throughout the
Department of Defense;
``(3) develop and manage a program (to be known as the
`National Directed Energy Technology Alliance') to foster the
exchange of information and cooperative activities on directed
energy technologies, systems, and weapons between and among the
Department of Defense, other Federal agencies, institutions of
higher education, and the private sector; and
``(4) carry out such other activities relating to directed
energy technologies, systems, and weapons as the Deputy Under
Secretary of Defense for Science and Technology considers
appropriate.
``(d) Coordination Within Department of Defense.--(1) The Director
of the Office shall assign to appropriate personnel of the Office the
performance of liaison functions with the other Defense Agencies and
with the military departments.
``(2) The head of each military department and Defense Agency
having an interest in the activities of the Office shall assign
personnel of such department or Defense Agency to assist the Office in
carrying out its duties. In providing such assistance, such personnel
shall be known collectively as `Technology Area Working Groups'.
``(e) Technology Council.--(1) There is established in the
Department of Defense a council to be known as the `Technology Council'
(in this section referred to as the `Council').
``(2) The Council shall be composed of 7 members as follows:
``(A) The Deputy Under Secretary of Defense for Science and
Technology, who shall be chairperson of the Council.
``(B) The senior science and technology executive of the
Department of the Army.
``(C) The senior science and technology executive of the
Department of the Navy.
``(D) The senior science and technology executive of the
Department of the Air Force.
``(E) The senior science and technology executive of the
Defense Advanced Research Projects Agency.
``(F) The senior science and technology executive of the
Ballistic Missile Defense Organization.
``(G) The senior science and technology executive of the
Defense Threat Reduction Agency.
``(3) The duties of the Council shall be--
``(A) to review and recommend priorities among programs,
projects, and activities proposed and evaluated by the Office
under this section;
``(B) to make recommendations to the Board regarding
funding for such programs, projects, and activities; and
``(C) to otherwise review and oversee the activities of the
Office under this section.
``(f) Technology Board of Directors.--(1) There is established in
the Department of Defense a board to be known as the `Technology Board
of Directors' (in this section referred to as the `Board').
``(2) The Board shall be composed of 8 members as follows:
``(A) The Under Secretary of Defense for Acquisition and
Technology, who shall serve as chairperson of the Board.
``(B) The Director of Defense Research and Engineering, who
shall serve as vice-chairperson of the Board.
``(C) The senior acquisition executive of the Department of
the Army.
``(D) The senior acquisition executive of the Department of
the Navy.
``(E) The senior acquisition executive of the Department of
the Air Force.
``(F) The Director of the Defense Advanced Research
Projects Agency.
``(G) The Director of the Ballistic Missile Defense
Organization.
``(H) The Director of the Defense Threat Reduction Agency.
``(3) The duties of the Board shall be--
``(A) to review and make funding recommendations regarding
the programs, projects, and activities proposed and evaluated
by the Office under this section; and
``(B) to otherwise review and oversee the activities of the
Office under this section.''.
(2) The table of sections at the beginning of subchapter II of
chapter 8 of such title is amended by adding at the end the following
new section:
``204. Joint Technology Office.''.
(3) The Secretary of Defense shall locate the Joint Technology
Office under section 204 of title 10, United States Code (as added by
this subsection), at the National Directed Energy Center at Kirtland
Air Force Base, New Mexico, not later than January 1, 2001.
(c) Technology Area Working Groups Under High Energy Laser Master
Plan.--(1) The Secretary of Defense shall provide for the
implementation of the portion of the High Energy Laser Master Plan
relating to technology area working groups.
(2) In carrying out activities under this subsection, the Secretary
of Defense shall require the Secretary of the military department
concerned to provide within such department, with such department
acting as lead agent, technology area working groups as follows:
(A) Within the Department of the Army--
(i) a technology area working group on solid state
lasers; and
(ii) a technology area working group on advanced
technology.
(B) Within the Department of the Navy, a technology area
working group on free electron lasers.
(C) Within the Department of the Air Force--
(i) a technology area working group on chemical
lasers;
(ii) a technology area working group on beam
control;
(iii) a technology area working group on lethality/
vulnerability; and
(iv) a technology area working group on high power
microwaves.
(d) Enhancement of Industrial Base.--(1) The Secretary of Defense
shall develop and undertake initiatives, including investment
initiatives, for purposes of enhancing the industrial base for directed
energy technologies and systems.
(2) Initiatives under paragraph (1) shall be designed to--
(A) stimulate the development by institutions of higher
education and the private sector of promising directed energy
technologies and systems; and
(B) stimulate the development of a workforce skilled in
such technologies and systems.
(3) Of the amounts authorized to be appropriated by subsection (h),
$20,000,000 shall be available for the initiation of development of the
Advanced Tactical Laser (L) under the direction of the Joint Non-Lethal
Weapons Directorate.
(e) Enhancement of Test and Evaluation Capabilities.--(1) The
Secretary of Defense shall evaluate and implement proposals for
modernizing the High Energy Laser Test Facility at White Sands Missile
Range, New Mexico, in order to enhance the test and
evaluation capabilities of the Department of Defense with respect to
directed energy weapons.
(2) Of the amounts authorized to be appropriated or otherwise made
available to the Department of Defense for each of fiscal years 2001
and 2002, not more than $2,000,000 shall be made available in each such
fiscal year for purposes of the deployment and test at the High Energy
Laser Test Facility at White Sands Missile Range of free electron laser
technologies under development at Los Alamos National Laboratory, New
Mexico.
(f) Cooperative Programs and Activities.--(1) The Secretary of
Defense shall evaluate the feasibility and advisability of entering
into cooperative programs or activities with other Federal agencies,
institutions of higher education, and the private sector, including the
national laboratories of the Department of Energy, for the purpose of
enhancing the programs, projects, and activities of the Department of
Defense relating to directed energy technologies, systems, and weapons.
(2) The Secretary shall enter into any cooperative program or
activity determined under the evaluation under paragraph (1) to be
feasible and advisable for the purpose set forth in that paragraph.
(3) Of the amounts authorized to be appropriated by subsection (h),
$50,000,000 shall be available for cooperative programs and activities
entered into under paragraph (2).
(g) Participation of Joint Technology Council in Activities.--The
Secretary of Defense shall, to the maximum extent practicable, carry
out activities under subsections (c), (d), (e), and (f), through the
Joint Technology Council established pursuant to section 204 of title
10, United States Code (as added by subsection (b) of this section).
(h) Funding for Fiscal Year 2001.--(1)(A) There is hereby
authorized to be appropriated for the Department of Defense for fiscal
year 2001, $150,000,000 for science and technology activities relating
to directed energy technologies, systems, and weapons.
(B) Amounts authorized to be appropriated for fiscal year 2001 by
subparagraph (A) are in addition to any other amounts authorized to be
appropriated for such fiscal year for the activities referred to in
that subparagraph.
(2) The Director of the Joint Technology Office established
pursuant to section 204 of title 10, United States Code, shall allocate
amounts appropriated pursuant to the authorization of appropriations in
paragraph (1) among appropriate program elements of the Department of
Defense in accordance with such procedures as the Director shall
establish.
(3) In establishing procedures for purposes of the allocation of
funds under paragraph (2), the Director shall provide for the
competitive selection of programs, projects, and activities to be the
recipients of such funds.
(i) Directed Energy Defined.--In this section, the term ``directed
energy'', with respect to technologies, systems, or weapons means
technologies, systems, or weapons that provide for the directed
transmission of energies across the energy and frequency spectrum,
including high energy lasers and high power microwaves. | Requires the Office to: (1) develop and oversee the management of a DOD-wide program of science and technology relating to directed energy (such as high-energy laser) technologies, systems, and weapons; (2) coordinate initiatives for such science and technology; (3) develop and manage the National Directed Energy Technology Alliance, a program to foster the exchange of directed energy information between DOD, other Federal agencies, institutions of higher education, and the private sector; and (4) carry out related activities as considered appropriate by the Under Secretary. Establishes the Technology Council to review and recommend priorities among proposed directed energy programs, projects, and activities.
Establishes the Technology Board of Directors, to whom the Council shall make recommendations regarding funding for directed energy programs, projects, and activities.
Directs the Secretary of Defense to: (1) implement the portion of the High Energy Laser Master Plan relating to technology area working groups; and (2) require the Secretary of the military department concerned to provide technology area working groups for various laser research and technology development.
Directs the Secretary to: (1) develop and undertake initiatives for enhancing the defense industrial base for directed energy technologies and systems; (2) evaluate and implement proposals for modernizing the High Energy Laser Test Facility at the White Sands Missile Range, New Mexico; (3) evaluate the feasibility and advisability of entering into cooperative programs or activities with other Federal agencies, institutions of higher education, and the private sector for enhancing programs, projects, and activities relating to directed energy technologies, systems, and weapons; and (4) carry out all such activities through the Council.
Authorizes appropriations for FY 2001, to be allocated by the Office Director among appropriate activities. | {"src": "billsum_train", "title": "Direct Energy Coordination and Consolidation Act of 2000"} | 2,681 | 350 | 0.637704 | 2.105108 | 0.732477 | 4.652941 | 7.976471 | 0.952941 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The Ia Drang Valley (Pleiku) campaign, carried out by
the Armed Forces of the United States in the Ia Drang Valley of
Vietnam from October 23, 1965, to November 26, 1965, pitted
forces of the United States Army against North Vietnamese Army
regulars in vicious battles in which many United States
soldiers displayed extraordinary heroism, sacrifice, and
bravery which has not yet been officially recognized through
award of appropriate decorations.
(2) One of those battles, a running 4-day battle fought
from November 14 to November 18, 1965, encompassed the first
battalion-sized Army engagement with North Vietnamese Army
regulars.
(3) The soldiers of the United States Army units engaged in
the battle encountered and fought valiantly against an
overwhelming force of more than 2,000 North Vietnamese Army
regulars for an extended period under notably difficult
conditions.
(4) Historical literature published in the early 1990s
authoritatively documents repeated acts of extraordinary
heroism, sacrifice, and bravery on the part of many of the
United States Army soldiers who were engaged in the battles of
the Ia Drang Valley (Pleiku) campaign, many of whom have never
been officially recognized for those acts.
(5) United States Army units involved in combat in the Ia
Drang Valley (Pleiku) campaign suffered substantial losses,
including casualties in excess of 90 percent of strength in the
case of some companies.
(6) The incidence of heavy casualties throughout the
campaign has inhibited the timely collection of comprehensive
and detailed information to support recommendations for awards
for the acts of heroism, sacrifice, and bravery performed in
the Ia Drang Valley (Pleiku) campaign engagements.
(7) Requests to the Secretary of the Army for review of
award recommendations for those acts have been denied because
of restrictions in law and Army regulations that relate to
timely filing of recommendations and requirements for
documented justification.
(8) Acts of heroism, sacrifice, and bravery performed in
combat by members of the Armed Forces of the United States
deserve appropriate and timely recognition by the people of the
United States.
(9) It is inappropriate for United States policy to
restrict recognition of military personnel for acts of
extraordinary heroism, sacrifice, or bravery that are
belatedly, but properly, documented by persons who witnessed
those acts.
SEC. 2. IA DRANG VALLEY (PLEIKU) CAMPAIGN DEFINED.
For the purposes of this Act, the Ia Drang Valley (Pleiku) campaign
is the campaign of military operations carried out by the Armed Forces
of the United States in the Ia Drang Valley of Vietnam during the
period beginning on October 23, 1965, and ending on November 26, 1965,
and includes the activities of Army units and Army personnel in
providing direct support in or for such operations during that period.
SEC. 3. WAIVER OF RESTRICTIONS.
(a) Award Authorized.--Notwithstanding any other provision of law,
the Secretary of Defense or the Secretary of the Army may award a
decoration to any person for an act, an achievement, or service that
the person performed in the Ia Drang Valley (Pleiku) campaign while
serving on active duty in the Army.
(b) Decorations Covered.--Subsection (a) applies to any decoration
(including any device in lieu of a decoration) that, during or after
the period of the Ia Drang Valley (Pleiku) campaign and before the date
of the enactment of this Act, was authorized by Congress or under
regulations of the Department of Defense or the Department of the Army
to be awarded to a person for an act, an achievement, or service
performed by that person while serving on active duty in the Army.
(c) Definition.--In this section, the term ``active duty'' has the
meaning given such term in section 101(d)(1) of title 10, United States
Code.
SEC. 4. REVIEW OF AWARD RECOMMENDATIONS.
(a) Review Required.--The Secretary of the Army shall review all
recommendations for awards for acts, achievements, or service described
in section 3(a) that have been received by the Secretary before the end
of the period of the review, including recommendations received before
the date of the enactment of this Act.
(b) Period of Review.--The Secretary shall begin the review within
30 days after the date of the enactment of this Act and shall complete
the review within one year after such date.
(c) Process.--The Secretary may use the same process for carrying
out the review as the Secretary uses for reviewing other
recommendations for awarding decorations to members of the Army for
acts, achievements, or service.
(d) Report to Congress.--(1) Upon completing the review, the
Secretary shall submit a report on the review to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives.
(2) The report shall contain the following information on each
recommendation for award reviewed:
(A) A summary of the recommendation.
(B) The findings resulting from the review.
(C) The final action taken on the recommendation. | Authorizes the Secretary of Defense or the Army to award a military decoration to any person for an act, achievement, or service performed in the Ia Drang Valley (Pleiku) campaign in Vietnam during the Vietnam War while serving on active Army duty. Directs the Secretary of the Army to: (1) review all recommendations for such awards received within 30 days after the enactment of this Act, including those received before such enactment; and (2) report to specified congressional committees concerning review findings, recommendations, and any final actions taken with respect to such awards. | {"src": "billsum_train", "title": "A bill to provide a fair and full opportunity for recognizing with awards of military decorations the meritorious and valorous acts, achievements, and service performed by members of the Army in the Ia Drang Valley (Pleiku) campaign in Vietnam in 1965."} | 1,114 | 120 | 0.543926 | 1.513662 | 0.564692 | 3.454545 | 9.509091 | 0.890909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Settlement Transparency
Act of 2005''.
SEC. 2. DENIAL OF DEDUCTION FOR CERTAIN FINES, PENALTIES, AND OTHER
AMOUNTS.
(a) In General.--Subsection (f) of section 162 of the Internal
Revenue Code of 1986 (relating to trade or business expenses) is
amended to read as follows:
``(f) Fines, Penalties, and Other Amounts.--
``(1) In general.--Except as provided in paragraph (2), no
deduction otherwise allowable shall be allowed under this
chapter for any amount paid or incurred (whether by suit,
agreement, or otherwise) to, or at the direction of, a
government or entity described in paragraph (4) in relation to
the violation of any law or the investigation or inquiry by
such government or entity into the potential violation of any
law.
``(2) Exception for amounts constituting restitution or
paid to come into compliance with law.--Paragraph (1) shall not
apply to any amount which--
``(A) the taxpayer establishes--
``(i) constitutes restitution (including
remediation of property) for damage or harm
caused by or which may be caused by the
violation of any law or the potential violation
of any law, or
``(ii) is paid to come into compliance with
any law which was violated or involved in the
investigation or inquiry, and
``(B) is identified as restitution or as an amount
paid to come into compliance with the law, as the case
may be, in the court order or settlement agreement.
Identification pursuant to subparagraph (B) alone shall not
satisfy the requirement under subparagraph (A). This paragraph
shall not apply to any amount paid or incurred as reimbursement
to the government or entity for the costs of any investigation
or litigation.
``(3) Exception for amounts paid or incurred as the result
of certain court orders.--Paragraph (1) shall not apply to any
amount paid or incurred by order of a court in a suit in which
no government or entity described in paragraph (4) is a party.
``(4) Certain nongovernmental regulatory entities.--An
entity is described in this paragraph if it is--
``(A) a nongovernmental entity which exercises
self-regulatory powers (including imposing sanctions)
in connection with a qualified board or exchange (as
defined in section 1256(g)(7)), or
``(B) to the extent provided in regulations, a
nongovernmental entity which exercises self-regulatory
powers (including imposing sanctions) as part of
performing an essential governmental function.
``(5) Exception for taxes due.--Paragraph (1) shall not
apply to any amount paid or incurred as taxes due.''.
(b) Reporting of Deductible Amounts.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by
inserting after section 6050T the following new section:
``SEC. 6050U. INFORMATION WITH RESPECT TO CERTAIN FINES, PENALTIES, AND
OTHER AMOUNTS.
``(a) Requirement of Reporting.--
``(1) In general.--The appropriate official of any
government or entity which is described in section 162(f)(4)
which is involved in a suit or agreement described in paragraph
(2) shall make a return in such form as determined by the
Secretary setting forth--
``(A) the amount required to be paid as a result of
the suit or agreement to which paragraph (1) of section
162(f) applies,
``(B) any amount required to be paid as a result of
the suit or agreement which constitutes restitution or
remediation of property, and
``(C) any amount required to be paid as a result of
the suit or agreement for the purpose of coming into
compliance with any law which was violated or involved
in the investigation or inquiry.
``(2) Suit or agreement described.--
``(A) In general.--A suit or agreement is described
in this paragraph if--
``(i) it is--
``(I) a suit with respect to a
violation of any law over which the
government or entity has authority and
with respect to which there has been a
court order, or
``(II) an agreement which is
entered into with respect to a
violation of any law over which the
government or entity has authority, or
with respect to an investigation or
inquiry by the government or entity
into the potential violation of any law
over which such government or entity
has authority, and
``(ii) the aggregate amount involved in all
court orders and agreements with respect to the
violation, investigation, or inquiry is $600 or
more.
``(B) Adjustment of reporting threshold.--The
Secretary may adjust the $600 amount in subparagraph
(A)(ii) as necessary in order to ensure the efficient
administration of the internal revenue laws.
``(3) Time of filing.--The return required under this
subsection shall be filed not later than--
``(A) 30 days after the date on which a court order
is issued with respect to the suit or the date the
agreement is entered into, as the case may be, or
``(B) the date specified Secretary.
``(b) Statements to Be Furnished to Individuals Involved in the
Settlement.--Every person required to make a return under subsection
(a) shall furnish to each person who is a party to the suit or
agreement a written statement showing--
``(1) the name of the government or entity, and
``(2) the information supplied to the Secretary under
subsection (a)(1).
The written statement required under the preceding sentence shall be
furnished to the person at the same time the government or entity
provides the Secretary with the information required under subsection
(a).
``(c) Appropriate Official Defined.--For purposes of this section,
the term `appropriate official' means the officer or employee having
control of the suit, investigation, or inquiry or the person
appropriately designated for purposes of this section.''.
(2) Conforming amendment.--The table of sections for
subpart B of part III of subchapter A of chapter 61 of the
Internal Revenue Code of 1986 is amended by inserting after the
item relating to section 6050T the following new item:
``Sec. 6050U. Information with respect to certain fines,
penalties, and other amounts.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred on or after the date of the enactment
of this Act, except that such amendments shall not apply to amounts
paid or incurred under any binding order or agreement entered into
before such date. Such exception shall not apply to an order or
agreement requiring court approval unless the approval was obtained
before such date. | Government Settlement Transparency Act of 2005 - Amends the Internal Revenue Code to revise the rule denying a tax deduction for fines and penalties paid to a government for the violation of any law to provide that no deduction shall be allowed for any fine or penalty paid (whether by suit, agreement, or otherwise) to, or at the direction of, a government or nongovernmental regulatory entity for a violation of law or for the investigation or inquiry by such government or entity into a potential violation of any law.
Allows exceptions to the general rule of nondeductibility for: (1) certain restitution payments or payments required to come into compliance with law; (2) court-ordered payments not involving a government or nongovernmental regulatory entity; and (3) amounts paid or incurred as taxes due.
Requires governmental agencies involved in a settlement with a taxpayer to report to the Secretary of the Treasury and the taxpayer information about such settlement, including the amount of the settlement, the amount paid as restitution or remediation of property, and the amount paid to come into compliance with law. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to deny a deduction for certain fines, penalties, and other amounts."} | 1,547 | 236 | 0.678665 | 2.269096 | 0.984544 | 3.131068 | 6.941748 | 0.878641 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smartphone Theft Prevention Act of
2015''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mobile device theft costs consumers billions of dollars
each year, according to the Federal Communications Commission;
(2) 1 in 3 robberies include the theft of a mobile device;
(3) carriers, manufacturers, law enforcement, the Federal
Communications Commission, and State governments have worked to
address the growing trend of mobile device theft, but more
remains to be done;
(4) consumers deserve to have the most secure technology
available to protect them and their information;
(5) technological protections continue to develop, evolve,
and improve in ways that are good for the economy and the
consumers of the United States, and for public safety in the
United States;
(6) the wireless industry should work with law enforcement
to educate consumers about the security tools that are
available to them and how to keep their data, their devices,
and themselves safe;
(7) because engineering and security needs change rapidly,
the mobile device industry, law enforcement, and consumer
advocates are best suited to proactively develop solutions to
protect consumers, drive innovation, and deter theft; and
(8) major cities such as San Francisco, New York, and
London have seen recent decreases in smartphone theft since
carriers and manufacturers began rolling out sophisticated new
technological functions to protect consumers from theft.
SEC. 3. FUNCTION FOR STOLEN SMARTPHONES.
(a) In General.--Part I of title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 343. FUNCTION FOR STOLEN SMARTPHONES.
``(a) Definitions.--
``(1) In general.--In this section--
``(A) the term `account holder', with respect to a
smartphone--
``(i) means the person who holds the
account through which commercial mobile service
or commercial mobile data service is provided
on the smartphone; and
``(ii) includes a person authorized by the
person described in clause (i) to take actions
with respect to the smartphone;
``(B) the term `commercial mobile data service' has
the meaning given the term in section 6001 of the
Middle Class Tax Relief and Job Creation Act of 2012
(47 U.S.C. 1401);
``(C) the term `commercial mobile service' has the
meaning given the term in section 332; and
``(D) the term `smartphone' means a cellular radio
telephone or other mobile voice communications handset
device--
``(i) on which commercial mobile service or
commercial mobile data service is provided; and
``(ii) that--
``(I) utilizes a mobile operating
system;
``(II) possesses advanced data
capabilities, including software
applications, Internet access, digital
voice services, email, and text
messaging;
``(III) has wireless network
connectivity; and
``(IV) is capable of operating on a
long-term evolution network.
``(2) FCC authority to modify definition of `smartphone'.--
The Commission may modify the definition of the term
`smartphone' under paragraph (1) if the Commission determines
that circumstances require such a modification.
``(b) Requirements.--
``(1) Function.--
``(A) In general.--A provider of commercial mobile
service or commercial mobile data service on a
smartphone, in coordination with the manufacturer of,
and the provider of the operating system for, the
smartphone, shall--
``(i) make available on the smartphone a
function described in subparagraph (B); and
``(ii) ensure that--
``(I) during the initial device
setup process, the smartphone prompts
the account holder to enable the
function described in subparagraph (B);
and
``(II) only the account holder is
able to opt out of enabling the
function described in subparagraph (B).
``(B) Function details.--A function described in
this subparagraph, with respect to a smartphone, is a
function that--
``(i) may only be used by the account
holder; and
``(ii) includes the capability to
remotely--
``(I) delete or render inaccessible
from the smartphone all information
relating to the account holder that has
been placed on the smartphone;
``(II) render the smartphone
inoperable on the network of any
provider of commercial mobile service
or commercial mobile data service
globally;
``(III) prevent the smartphone from
being reactivated or reprogrammed
without a passcode or similar
authorization after the smartphone has
been--
``(aa) rendered inoperable
as described in subclause (II);
or
``(bb) subject to an
unauthorized factory reset; and
``(IV) restore personal information
from the smartphone onto a compatible
or interoperable device.
``(2) Device standards.--A person may not manufacture in
the United States, or import into the United States for sale or
resale to the public, a smartphone unless the smartphone is
configured in such a manner that the provider of commercial
mobile service or commercial mobile data service on the
smartphone is able to comply with the requirements under
paragraph (1).
``(3) Exemptions for functionally equivalent technology.--
``(A) Mobile service providers.--The Commission may
exempt a provider of commercial mobile service or
commercial mobile data service on a smartphone, and the
manufacturer of, and provider of the operating system
for, the smartphone, from the requirement under
paragraph (1) with respect to that smartphone if the
service provider, in coordination with the manufacturer
and operating system provider, makes available on the
smartphone technology that accomplishes the functional
equivalent of the function, initial prompt, and ability
to opt out required under paragraph (1)(A).
``(B) Manufacturers and importers.--The Commission
may exempt a person from the requirement under
paragraph (2)(A), with respect to a smartphone that the
person manufactures in the United States or imports
into the United States for sale or resale to the
public, if the smartphone is configured in such a
manner that the provider of commercial mobile service
or commercial mobile data service on the smartphone may
make available on the smartphone technology that
accomplishes the functional equivalent of the function,
initial prompt, and ability to opt out required under
paragraph (1)(A).
``(c) No Fee.--A provider of commercial mobile service or
commercial mobile data service on a smartphone may not charge the
account holder any fee for making the function, initial prompt, and
ability to opt out required under subsection (b)(1)(A), or any
equivalent technology described in subsection (b)(3)(A), available to
the account holder.
``(d) Forfeiture Penalty.--
``(1) In general.--Any person that is determined by the
Commission, in accordance with paragraphs (3) and (4) of
section 503(b), to have violated subsection (b) or (c) of this
section, including a manufacturer or operating system provider
that violates the requirement to coordinate with a service
provider under subsection (b)(1)(A), shall be liable to the
United States for a forfeiture penalty, in an amount to be
determined by the Commission.
``(2) Other penalties.--A forfeiture penalty under this
subsection shall be in addition to any other penalty provided
for in this Act.
``(e) Common National Framework.--The Commission shall establish a
common national framework for smartphone anti-theft measures that takes
into consideration the interest of all stakeholders for the purpose of
promoting national uniformity of the function, initial prompt, and
ability to opt out required under subsection (b)(1)(A), or functionally
equivalent technology described in subsection (b)(3)(A), to protect
consumers from the theft of smartphones.
``(f) Tablets.--
``(1) Commission determination.--Not later than 180 days
after the date of enactment of the Smartphone Theft Prevention
Act of 2015, the Commission shall determine whether this
section should apply with respect to tablets on which
commercial mobile service or commercial mobile data service is
provided.
``(2) Regulations.--If the Commission determines that this
section should apply with respect to tablets described in
paragraph (1), the Commission shall promulgate regulations to
implement that determination.
``(g) Rule of Construction.--Nothing in this section shall be
construed to prohibit a manufacturer of smartphones, or a provider of
commercial mobile service or commercial mobile data service, from
taking actions not described in this section to protect consumers from
the theft of smartphones.
``(h) Relationship to State Law.--Nothing in this section shall be
construed to preempt any provision of State law that provides
protections to users of smartphones (or tablets, if applicable) that
are at least as strong as the protections provided under this
section.''.
(b) Applicability of Function Requirement.--
(1) Definition.--In this subsection, the term
``smartphone'' has the meaning given the term in section 343 of
the Communications Act of 1934, as added by subsection (a).
(2) Applicability.--Except as provided in paragraph (3),
section 343 of the Communications Act of 1934, as added by
subsection (a), shall apply with respect to any smartphone
that, on or after January 1, 2016, is--
(A) manufactured in the United States; or
(B) imported into the United States for sale to the
public.
(3) Compliance extensions.--The Federal Communications
Commission may exempt a person that is subject to any
requirement under section 343(b) of the Communications Act of
1934, as added by subsection (a), from that requirement for a
temporary period after the date described in paragraph (2) of
this subsection, upon a showing by the person that the person
requires more time to be able to comply with the requirement. | Smartphone Theft Prevention Act of 2015 Amends the Communications Act of 1934 to require commercial mobile service providers to make available on smartphones, in coordination with smartphone manufacturers and operating system providers, a function that an account holder may use remotely to: (1) delete or render inaccessible all information on the smartphone relating to the account holder, (2) render the smartphone inoperable on the global networks of such service providers, (3) prevent reactivation or reprogramming without a passcode or similar authorization after the smartphone has been rendered inoperable or has been subject to an unauthorized factory reset, and (4) restore personal information from the smartphone onto a compatible or interoperable device. Requires service providers to ensure that smartphones: (1) prompt the account holder to enable such functions during the initial setup process, and (2) allow only the account holder to opt out. Prohibits a smartphone from being manufactured in the United States or imported into the United States for sale or resale to the public, unless the smartphone is configured in such a manner that a service provider may comply with such functionality requirements. Prohibits service providers from charging a fee for making available such functions, the initial prompt, and the ability to opt out. Directs the Federal Communications Commission (FCC) to establish a common national framework for smartphone anti-theft measures to protect consumers. Requires the FCC to determine whether this Act should apply to tablets with commercial mobile services. | {"src": "billsum_train", "title": "Smartphone Theft Prevention Act of 2015"} | 2,203 | 317 | 0.51366 | 1.596535 | 0.780626 | 3.010949 | 7.638686 | 0.930657 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nuclear Threat
Reduction Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Reduction in number of warheads in arsenals of United States
and
Russia.
Sec. 4. Reduction in alert status of nuclear weapons of United States
and
Russia.
Sec. 5. Acceleration of programs to prevent diversion of nuclear
weapons,
materials, and expertise from Russia.
SEC. 2. PURPOSE.
The purpose of this Act is to decrease substantially the likelihood
of the intentional use of nuclear weapons, or their unintentional use
as a result of accident, miscalculation, unauthorized action, or
terrorist activity.
SEC. 3. REDUCTION IN NUMBER OF WARHEADS IN
ARSENALS OF UNITED STATES AND RUSSIA.
(a) Repeal of Prohibition Against Reductions.--Section 1302 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85) is repealed.
(b) Statement of Policy.--It is the policy of the United States to
reduce the number of nuclear warheads and nuclear weapons delivery
systems of the United States and Russia, through bilateral agreements
between the United States and Russia, to the lowest possible number
consistent with the national security of the United States. Any
bilateral agreement for purposes of that policy shall provide for
transparency, predictability, and verification of the reductions.
(c) Implementation of Reductions.--In effecting any reduction in
the number of nuclear warheads of the United States, it shall be the
policy of the United States--
(1) that such reductions be intended as permanent
reductions in the United States nuclear weapons force, in
keeping with the purposes and objectives of the Nuclear
Nonproliferation Treaty;
(2) that if the President makes unilateral reductions in
the United States nuclear weapons force, such reductions should
be intended to facilitate bilateral agreement with Russia, and
the President should undertake diplomatic efforts to convince
Russia to undertake parallel or commensurate reductions in its
nuclear weapons force; and
(3) that the President should (A) offer enhanced
consultation and cooperation by the United States with Russia
in making such reductions, and (B) pursue enhanced transparency
and other confidence-building measures to ensure predictable
and stable strategic relations between the two nations.
(d) Policy Regarding Warheads Removed From Weapon Systems.--(1) It
is the policy of the United States to ensure through formal agreements
with Russia that any nuclear warhead removed from a weapon system by
either nation as part of reductions in the number of warheads or
systems pursuant to the policies in this Act--
(A) be kept safe and secure;
(B) be accounted for; and
(C) eventually be destroyed or eliminated in a manner that
is verifiable by the other nation.
(2) Any such formal agreement shall be entered into either through
the agreement referred to in subsection (b) or other agreement between
the United States and Russia.
SEC. 4. REDUCTION IN ALERT STATUS OF NUCLEAR
WEAPONS OF UNITED STATES AND RUSSIA.
(a) Statement of Policy.--It is the policy of the United States to
pursue with Russia formal arrangements to remove as many nuclear
weapons of those two nations as possible from immediate, launch-ready
(or ``high alert'') status, consistent with United States national
security, beginning with those weapons earmarked for downloading,
dismantlement, or elimination under the START II treaty. Such
arrangements should seek to ensure that any change in the alert status
of such weapons of either nation be transparent and verifiable.
(b) Implementation of Reduction in Alert Status.--If the President
makes unilateral changes to the alert status of weapons in the United
States nuclear arsenal, such changes should--
(1) be consistent with the national security of the United
States; and
(2) be pursued as part of a broader United States effort to
persuade Russia to enter into arrangements as called for in
subsection (a).
(c) Security and Verifiability.--Any formal arrangement that
results from subsection (a) should include measures to ensure that--
(1) weapons, including their warheads, that are removed
from high alert status are secure and accounted for throughout
the process by which they are removed from that status; and
(2) such accountability measures are verifiable by both
nations.
SEC. 5. ACCELERATION OF PROGRAMS TO PREVENT DIVERSION OF NUCLEAR
WEAPONS, MATERIALS, AND EXPERTISE FROM RUSSIA.
(a) Statement of Policy.--It is the policy of the United States to
work cooperatively with Russia to prevent the diversion of nuclear
weapons, materials, and expertise from Russia. In furtherance of that
objective, the policy of the United States should include the
following:
(1) With respect to the nuclear weapons arsenal of Russia--
(A) ensuring that all the elements of that arsenal,
including delivery systems, are identified and
accounted for;
(B) identifying with Russia those elements of that
arsenal that are most susceptible to proliferation; and
(C) ensuring that the weapons in that arsenal and
their components are secured and safeguarded, placing
the highest priority on safeguards for those weapons
and components that are identified pursuant to
subparagraph (B) as being those most susceptible to
proliferation.
(2) With respect to Russia's stockpile of nuclear weapons
materials (other than materials in Russia's arsenal)--
(A) ensuring that all the elements of that
stockpile are identified and accounted for;
(B) identifying with Russia those elements of that
stockpile that are most susceptible to proliferation;
and
(C) ensuring that the elements of that stockpile
are secured and safeguarded, placing the highest
priority on safeguards for those elements of that
stockpile that are identified pursuant to subparagraph
(B) as being those most susceptible to proliferation.
(3) With respect to nuclear weapons expertise in Russia--
(A) identifying and accounting for the extent of
that expertise in cities in Russia referred to as
``Nuclear Cities'' and elsewhere in Russia;
(B) developing and pursuing programs that make
productive use of that expertise inside Russia and help
prevent the spread of that expertise outside of Russia;
and
(C) developing and pursuing initiatives to reduce
the Russian nuclear production capacity to a size
appropriate to its post-Cold War mission.
(4) Rendering permanently unusable for weapons purposes all
nuclear materials and weapons systems that Russia no longer
requires to support its arsenal and forces.
(b) Authorization of Appropriations.--To carry out activities under
this Act, cooperative threat reduction programs of the Department of
Defense under section 1501(b) of the National Defense Authorization Act
for Fiscal Year 1997 (50 U.S.C. 2362 note), and other cooperative
threat reduction, nonproliferation, and related programs, there are
authorized to be appropriated for fiscal year 2002 amounts as follows:
(1) For the Department of Defense $600,000,000.
(2) For the Department of Energy $1,200,000,000.
(3) For the Department of State, $200,000,000.
(c) Plan for Nonproliferation Programs With Russia.--
(1) In general.--Not later than April 15, 2002, the
President shall submit to Congress a plan--
(A) to secure and neutralize over the succeeding
eight years all nuclear weapons and weapons-usable
nuclear material in Russia that Russia does not retain
in its nuclear arsenal; and
(B) to prevent the outflow from Russia of
scientific expertise that could be used for developing
nuclear weapons or other weapons of mass destruction,
including delivery systems.
(2) Content of plan.--The plan required by subsection (a)
shall include the following:
(A) Specific goals and measurable objectives for
the programs that are designed to carry out the
objectives specified in subparagraphs (A) and (B) of
paragraph (1).
(B) Criteria for success for those programs and a
strategy for eventual termination of United States
contributions to those programs and assumption of the
ongoing support of those programs by Russia.
(C) A description of the administrative and
organizational changes that the President plans to
take, or will have taken, in order to achieve the
direction and coordination of those programs that is
necessary for their effectiveness.
(3) Coordination with russia.--In developing the plan
required by paragraph (1), the President shall coordinate with
Russia to ensure that elements of the plan are practicable.
(4) Consultation with congress.--In developing the plan
required by paragraph (1), the President shall consult with the
majority and minority leadership of the appropriate committees
of Congress.
(d) Report on Debt-for-Security Program.--
(1) Study.--The President shall conduct a study of the
feasibility of creating a new source of funds for nuclear
nonproliferation programs in Russia through establishment of a
program providing for the forgiveness of international debt of
Russia in exchange for payments by Russia into an independent
fund that, under strict conditions, would support the
implementation of agreed-upon nuclear nonproliferation
programs.
(2) Consultation.--In the conduct of the study under
paragraph (1), the President shall consult with appropriate
representatives of Russia and other nations whose participation
in such a program the President determines to be necessary or
desirable.
(3) Report on presidential determinations.--Not later than
April 15, 2002, the President shall submit to Congress a report
on the study required by paragraph (1). The report shall
include the President's determinations, together with
supporting facts and reasoning, as to each of the following:
(A) The prospects for the participation of creditor
nations in addition to the United States in the program
of debt forgiveness.
(B) The extent to which payments by Russia into a
fund described in paragraph (1) should be made in
Russian currency.
(C) The appropriate ratio between the amount of
such payments and the amount of debt forgiven.
(D) The purposes for which amounts in the fund
should be permitted to be expended.
(E) The means for assuring that those amounts are
expended for those purposes.
(F) The feasibility of establishing such a program.
(4) Legislative proposal.--The report under paragraph (3)
shall include a legislative proposal for implementing any
program that the President recommends based on the
determinations under that paragraph. | Nuclear Threat Reduction Act of 2001 - Repeals a provision of the National Defense Authorization Act for Fiscal Year 1998 which provides funding limits for retirement or dismantlement of the B52H bomber, Trident submarines, and Minuteman III and Peacekeeper intercontinental ballistic missiles. Declares it to be U.S. policy to: (1) reduce the number of nuclear warheads and delivery systems of the United States and Russia, through bilateral agreements, to the lowest possible number consistent with national security, requiring any warhead removed to be kept safe and secure, accounted for, and eventually destroyed or eliminated in a verifiable manner; (2) pursue with Russia formal arrangements to remove as many nuclear weapons of the two nations as possible from immediate, launch-ready status, beginning with those weapons earmarked for downloading, dismantlement, or elimination under the START II Treaty; and (3) work cooperatively with Russia to prevent the diversion from Russia of nuclear weapons, materials, and expertise.Requires the President to submit to Congress a plan for nonproliferation programs with Russia, as well as a related study. | {"src": "billsum_train", "title": "A bill to establish the policy of the United States for reducing the number of nuclear warheads in the United States and Russian arsenals, for reducing the number of nuclear weapons of those two nations that are on high alert, and for expanding and accelerating programs to prevent diversion and proliferation of Russian nuclear weapons, fissile materials, and nuclear expertise."} | 2,268 | 247 | 0.596506 | 1.757776 | 0.755649 | 4.343284 | 10.666667 | 0.900498 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Students from Worthless
Degrees Act''.
SEC. 2. CONSUMER PROTECTIONS FOR STUDENTS.
(a) Definitions.--In this section:
(1) Federal financial assistance program.--The term
``Federal financial assistance program'' means a program
authorized and funded by the Federal Government under any of
the following provisions of law:
(A) Title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.).
(B) Title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111 et seq.) and title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.).
(C) The Adult Education and Family Literacy Act (29
U.S.C. 3271 et seq.).
(D) Chapter 30, 31, 32, 33, 34, or 35 of title 38,
United States Code.
(E) Chapter 101, 105, 106A, 1606, 1607, or 1608 of
title 10, United States Code.
(F) Section 1784a, 2005, or 2007 of title 10,
United States Code.
(2) Institution of higher education.--The term
``institution of higher education''--
(A) with respect to a program authorized under
paragraph (1)(A), has the meaning given the term in
section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002);
(B) with respect to--
(i) a program authorized under title I of
the Workforce Investment Act of 1998 (29 U.S.C.
2801 et seq.), has the meaning given the term
``postsecondary educational institution'' as
defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801), on the
day before the date of enactment of the
Workforce Innovation and Opportunity Act; and
(ii) a program authorized under title I of
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3111 et seq.), has the meaning given
the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3102);
(C) with respect to a program authorized under
paragraph (1)(C), has the meaning given the term
``postsecondary educational institution'' as defined in
section 203 of the Adult Education and Family Literacy
Act (29 U.S.C. 3272);
(D) with respect to a program authorized under
paragraph (1)(D), has the meaning given the term
``educational institution'' under section 3452 of title
38, United States Code;
(E) with respect to a program authorized under
paragraph (1)(E), means an educational institution that
awards a degree or certificate and is located in any
State; and
(F) with respect to a program authorized under
paragraph (1)(F), means an educational institution that
awards a degree or certificate and is located in any
State.
(3) State.--
(A) State.--The term ``State'' includes, in
addition to the several States of the United States,
the Commonwealth of Puerto Rico, the District of
Columbia, Guam, American Samoa, the United States
Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and the freely associated States.
(B) Freely associated states.--The term ``freely
associated States'' means the Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau.
(b) Consumer Protections.--Notwithstanding any other provision of
law, an institution of higher education is not eligible to participate
in a Federal financial assistance program with respect to any program
of postsecondary education or training, including a degree or
certificate program, that is designed to prepare students for entry
into a recognized occupation or profession that requires licensing or
other established requirements as a pre-condition for entry into such
occupation or profession, unless, by not later than 1 year after the
date of enactment of this Act--
(1) the successful completion of the program fully
qualifies a student, in the Metropolitan Statistical Area and
State in which the student resides (and in any State in which
the institution indicates, through advertising or marketing
activities or direct contact with potential students, that a
student will be prepared to work in the occupation or
profession after successfully completing the program), to--
(A) take any examination required for entry into
the recognized occupation or profession in the
Metropolitan Statistical Area and State in which the
student resides, including satisfying all Federal,
State, or professionally mandated programmatic and
specialized accreditation requirements, if any; and
(B) be certified or licensed or meet any other
academically related pre-conditions that are required
for entry into the recognized occupation or profession
in the State; and
(2) the institution offering the program provides timely
placement for all of the academically related pre-licensure
requirements for entry into the recognized occupation or
profession, such as clinical placements, internships, or
apprenticeships.
(c) Regulations on Pre-Accredited Programs.--The Secretary of
Education shall promulgate regulations on requirements of an
institution of higher education with respect to any program of the
institution that is in a pre-accredited status, including limitations
on, or requirements of, advertisement of the program to students. Such
regulations shall be consistent with the provisions of subsection (b).
(d) Loan Discharge.--The Secretary of Education shall promulgate
regulations that condition eligibility for an institution of higher
education to participate in any Federal financial assistance program on
the institution signing with each student enrolled in any program of
the institution that is in a pre-accredited status, a loan discharge
agreement. | Protecting Students from Worthless Degrees Act This bill makes any institution of higher education (IHE) postsecondary program designed to prepare students for a recognized occupation or profession requiring licensing or other entry pre-conditions ineligible to participate in a federal financial assistance program, unless it meets specified student consumer protection requirements within one year after this Act's enactment. Each program must: (1) fully prepare students to satisfy those entry pre-conditions in the metropolitan statistical areas and states in which the students reside and in any state the program claims a successful program graduate will be prepared to work in the particular occupation or profession involved; and (2) provide timely placement of students in required pre-licensure positions, such as clinical placements, internships, or apprenticeships. The bill requires the Department of Education to promulgate regulations regarding pre-accredited IHE programs to: (1) impose consumer protection requirements that are consistent with those this Act imposes on accredited programs, and (2) condition an IHE's participation in any federal financial assistance program on the IHE signing a loan discharge agreement with each student who is enrolled in any pre-accredited program. | {"src": "billsum_train", "title": "Protecting Students from Worthless Degrees Act"} | 1,274 | 249 | 0.413005 | 1.293615 | 0.69106 | 2.577982 | 5.325688 | 0.816514 |
SECTION 1. CYBERSECURITY OF AUTOMATED DRIVING SYSTEMS.
(a) In General.--Chapter 301 of subtitle VI of title 49, United
States Code, is amended by inserting after section 30129 (as added by
section 4) the following new section:
``Sec. 30130. Cybersecurity of automated driving systems
``(a) Cybersecurity Plan.--A manufacturer may not sell, offer for
sale, introduce or deliver for introduction into commerce, or import
into the United States, any highly automated vehicle, vehicle that
performs partial driving automation, or automated driving system unless
such manufacturer has developed a cybersecurity plan that includes the
following:
``(1) A written cybersecurity policy with respect to the
practices of the manufacturer for detecting and responding to
cyber attacks, unauthorized intrusions, and false and spurious
messages or vehicle control commands. This policy shall
include--
``(A) a process for identifying, assessing, and
mitigating reasonably foreseeable vulnerabilities from
cyber attacks or unauthorized intrusions, including
false and spurious messages and malicious vehicle
control commands; and
``(B) a process for taking preventive and
corrective action to mitigate against vulnerabilities
in a highly automated vehicle or a vehicle that
performs partial driving automation, including incident
response plans, intrusion detection and prevention
systems that safeguard key controls, systems, and
procedures through testing or monitoring, and updates
to such process based on changed circumstances.
``(2) The identification of an officer or other individual
of the manufacturer as the point of contact with responsibility
for the management of cybersecurity.
``(3) A process for limiting access to automated driving
systems.
``(4) A process for employee training and supervision for
implementation and maintenance of the policies and procedures
required by this section, including controls on employee access
to automated driving systems.
``(b) Effective Date.--This section shall take effect 180 days
after the date of enactment of this section.''.
(b) Enforcement Authority.--Section 30165(a)(1) of title 49, United
States Code, is amended by inserting ``30130,'' after ``30127,''.
(c) Clerical Amendment.--The analysis for chapter 301 of subtitle
VI of title 49, United States Code, is amended by inserting after the
item relating to section 30129 (as added by section 4) the following
new item:
``30130. Cybersecurity of automated driving systems.''.
(d) Definitions.--Section 30102 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (13) as
paragraphs (2), (3), (4), (5), (8), (9), (10), (11),
(12), (13), (15), (16), and (17), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) `automated driving system' means the hardware and
software that are collectively capable of performing the entire
dynamic driving task on a sustained basis, regardless of
whether such system is limited to a specific operational design
domain.'';
(C) by inserting after paragraph (5) (as so
redesignated) the following:
``(6) `dynamic driving task' means all of the real time
operational and tactical functions required to operate a
vehicle in on-road traffic, excluding the strategic functions
such as trip scheduling and selection of destinations and
waypoints, and including--
``(A) lateral vehicle motion control via steering;
``(B) longitudinal vehicle motion control via
acceleration and deceleration;
``(C) monitoring the driving environment via object
and event detection, recognition, classification, and
response preparation;
``(D) object and event response execution;
``(E) maneuver planning; and
``(F) enhancing conspicuity via lighting,
signaling, and gesturing.
``(7) `highly automated vehicle'--
``(A) means a motor vehicle equipped with an
automated driving system; and
``(B) does not include a commercial motor vehicle
(as defined in section 31101).'';
(D) by inserting after paragraph (13) (as so
redesignated) the following:
``(14) `operational design domain' means the specific
conditions under which a given driving automation system or
feature thereof is designed to function.''; and
(E) by adding at the end the following:
``(18) `vehicle that performs partial driving automation'
does not include a commercial motor vehicle (as defined in
section 31101).''; and
(2) by adding at the end the following:
``(c) Revisions to Certain Definitions.--
``(1) If SAE International (or its successor organization)
revises the definition of any of the terms defined in paragraph
(1), (6), or (14) of subsection (a) in Recommended Practice
Report J3016, it shall notify the Secretary of the revision.
The Secretary shall publish a notice in the Federal Register to
inform the public of the new definition unless, within 90 days
after receiving notice of the new definition and after opening
a period for public comment on the new definition, the
Secretary notifies SAE International (or its successor
organization) that the Secretary has determined that the new
definition does not meet the need for motor vehicle safety, or
is otherwise inconsistent with the purposes of this chapter. If
the Secretary so notifies SAE International (or its successor
organization), the existing definition in subsection (a) shall
remain in effect.
``(2) If the Secretary does not reject a definition revised
by SAE International (or its successor organization) as
described in paragraph (1), the Secretary shall promptly make
any conforming amendments to the regulations and standards of
the Secretary that are necessary. The revised definition shall
apply for purposes of this chapter. The requirements of section
553 of title 5 shall not apply to the making of any such
conforming amendments.
``(3) Pursuant to section 553 of title 5, the Secretary may
update any of the definitions in paragraph (1), (6), or (14) of
subsection (a) if the Secretary determines that materially
changed circumstances regarding highly automated vehicles have
impacted motor vehicle safety such that the definitions need to
be updated to reflect such circumstances.''. | This bill prohibits a manufacturer from selling, introducing into commerce, or importing into the United States any highly automated vehicle (i.e., equipped with an automated driving system that can perform the entire dynamic driving task on a sustained basis), unless the manufacturer has developed a cybersecurity plan for the vehicle. | {"src": "billsum_train", "title": "To amend chapter 301 of subtitle VI of title 49, United States Code, to require a cybersecurity plan for highly automated vehicles, and for other purposes."} | 1,381 | 67 | 0.610641 | 1.626784 | 0.728772 | 2.929825 | 23.824561 | 0.859649 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idaho Panhandle National Forest
Improvement Act of 2003''.
SEC. 2. CONVEYANCE ADMINISTRATIVE SITES, NATIONAL FOREST SYSTEM LAND,
IDAHO.
(a) Conveyance Authorized.--
(1) Authority.--The Secretary of Agriculture may convey any
or all right, title, and interest of the United States in and
to the parcels of National Forest System land, including any
improvements thereon, described in paragraph (2).
(2) Parcels authorized for conveyance.--The following
parcels of National Forest System land are authorized to be
conveyed under this section:
(A) Granite/Reeder Bay, Priest Lake parcel,
consisting of approximately 80 acres, and described as
the S.\1/2\ NE.\1/4\ of section 17, township 61 north,
range 4 east, Boise meridian.
(B) North South Ski area, consisting of
approximately 50 acres, and described as the SE.\1/4\
SE.\1/4\ SW.\1/4\, S.\1/2\ SW.\1/4\ SE.\1/4\, NE.\1/4\
SW.\1/4\ SE.\1/4\, and SW.\1/4\ SE.\1/4\ SE.\1/4\ of
section 13, township 43 north, range 3 west, Boise
meridian.
(C) Shoshone work camp (including easements for
utilities), consisting of a portion of S.\1/2\ SE.\1/4\
of section 5, township 50 north, range 4 east, Boise
meridian.
(3) Modification of descriptions.--The Secretary may modify
the descriptions in paragraph (2) to correct errors in the
descriptions or to reconfigure the parcels to facilitate their
conveyance under this section.
(b) Consideration.--
(1) Market value required.--As consideration for the
conveyance of a parcel of National Forest System land under
this section, the recipient of the parcel shall pay to the
Secretary an amount equal to the market value of the parcel, as
determined under subsection (c). At the election of the
Secretary, the consideration may be in the form of cash or
other consideration, including the acquisition by the Secretary
of improved or unimproved property or property with
improvements constructed to the specifications of the
Secretary.
(2) Valuation.--The value of a parcel to be conveyed under
this section, and the value of any property or improvements to
be received in exchange for the parcel, shall be determined by
an appraisal that--
(A) is acceptable to the Secretary; and
(B) conforms with the Uniform Appraisal Standards
for Federal Land Acquisitions.
(3) Equalization of values.--Notwithstanding section 206(b)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)), the Secretary may accept a cash equalization
payment in excess of 25 percent of the value of a parcel
conveyed under this section.
(c) Conveyance Process.--
(1) Solicitations of offers.--The Secretary may solicit
offers for the conveyance of property under this section on
such terms and conditions as the Secretary may prescribe. The
Secretary may reject any offer made under this section if the
Secretary determines that the offer is not adequate or not in
the public interest.
(2) Methods of conveyance.--The Secretary may convey
property under this section at public or private sale,
including at auction, or by exchange, in accordance with such
terms, conditions, and procedures as the Secretary determines
to be in the best interests of the United States.
(3) Applicable law.--Except as otherwise provided in this
section, the conveyance of National Forest System land under
this section shall be subject to the laws applicable to the
conveyance and acquisition of land for the National Forest
System. The Agriculture Property Management Regulations shall
not apply to the conveyance of National Forest System land
under this section or any other action taken under this
section.
(d) Deposit and Use of Proceeds.--
(1) Deposit.--The Secretary shall deposit the proceeds
derived from the conveyence of property under this section in
the fund established by Public Law 90-171 (commonly known as
the ``Sisk Act''; 16 U.S.C. 484a).
(2) Use.--Amounts deposited under this subsection shall be
available to the Secretary, without further appropriation and
until expended--
(A) for the acquisition of, construction of, or
rehabilitation of existing facilities for, a new ranger
station in the Silver Valley portion of the Panhandle
National Forest in the State of Idaho; and
(B) to the extent that the amount of funds
deposited exceeds the amount needed for the purpose
described in subparagraph (A), for the acquisition,
construction, or rehabilitation of other facilities in
the Panhandle National Forest.
(3) Limitations.--Funds deposited under this subsection
shall not--
(A) be paid or distributed to States or counties
under any provision of law; or
(B) be considered to be moneys received from units
of the National Forest System for purposes of--
(i) the sixth paragraph under the heading
``Forest Service'' in the Act of May 23, 1908
(16 U.S.C. 500);
(ii) section 13 of the Act of March 1, 1911
(commonly known as the ``Weeks Law''; 16 U.S.C.
500); or
(iii) the fourteenth paragraph under the
heading ``Forest Service'' in the Act of March
4, 1913 (16 U.S.C. 501).
(4) New administrative facilities authorized.--The
Secretary may acquire, construct, or rehabilitate the ranger
station described in paragraph (2)(A), and acquire associated
land, using amounts deposited under this subsection and, to the
extent such amounts are insufficient for such purpose, other
funds appropriated or otherwise made available for such
purpose.
(e) Management of Acquired Law.--Subject to valid existing rights,
the Secretary shall manage any land acquired under this section in
accordance with the Act of March 1, 1911 (commonly known as the ``Weeks
Act''; 16 U.S.C. 480 et seq.) and other laws relating to the National
Forest System.
(f) Withdrawals and Revocations.--
(1) Public land orders.--Effective on the date of the
enactment of this Act, any public land order withdrawing the
property authorized for conveyance under this section from
appropriation under the public land laws is revoked with
respect to the property.
(2) Withdrawal.--Subject to valid existing rights, the
property authorized for conveyance under this section is
withdrawn from location, entry, and patent under the mining
laws of the United States. | Idaho Panhandle National Forest Improvement Act of 2003 - Authorizes the Secretary of Agriculture to convey certain National Forest System parcels in Idaho, and use the proceeds for acquisition, construction, or rehabilitation of: (1) a new ranger station in the Silver Valley portion of the Panhandle National Forest; or (2) other facilities in such Forest. | {"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to convey certain parcels of National Forest System land in the State of Idaho, to use the proceeds for the acquisition, construction, or rehabilitation of facilities in the Panhandle National Forest in the State of Idaho, and for other purposes."} | 1,513 | 72 | 0.497203 | 1.261605 | 0.709848 | 3.461538 | 19.769231 | 0.969231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hanford Land Management Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``affected communities and Indian tribes''
means--
(A) the counties of Benton, Franklin, and Grant,
Washington;
(B) the cities of Richland, Pasco, and Kennewick,
Washington; and
(C) the Yakima Tribe, the Confederated Tribes of
the Umatilla, and the Nez Perce Tribe.
(2) The term ``corrective action'' means such actions as
may be necessary to protect human health, safety, and the
environment from releases of hazardous waste or constituents
from any solid waste management facility at the Hanford
Reservation.
(3) The term ``Department'' means the Department of Energy.
(4) The term ``environmental management activities''
means--
(A) corrective actions;
(B) removal or remedial actions; and
(C) the treatment, storage, or disposal of
hazardous substances or radioactive materials.
(5) The term ``Hanford Reservation'' means the site located
in southeastern Washington owned by the United States and
reserved for the use of the Department of Energy.
(6) The term ``hazardous substance'' has the meaning given
the term in section 101(14) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(14)).
(7) The term ``remove'' or ``removal'' has the meaning
given the term in section 101(23) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601(23)).
(8) The term ``remedy'' or ``remedial action'' has the
meaning given the term in section 101(24) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601(24)).
(9) The term ``radioactive material'' means--
(A) byproduct material as defined in section 11e.
of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e));
(B) source material as defined in section 11z. of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(z));
(C) special nuclear material as defined in section
11aa. of the Atomic Energy Act of 1954 (42 U.S.C.
2014(aa));
(D) high-level radioactive waste as defined in
section 2(12) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101 (12));
(E) low-level radioactive waste as defined in
section 2(16) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101(16));
(F) spent nuclear fuel as defined in section 2(23)
of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(23));
(G) mixed waste as defined in section 1004(41) of
the Solid Waste Disposal Act (42 U.S.C. 6903(41)); and
(H) transuranic waste as defined in section 2(20)
of the Waste Isolation Pilot Plant Land Withdrawal Act
(Public Law 102-579).
(10) The term ``Secretary'' means the Secretary of Energy.
(11) The term ``substitution risk'' means an increased risk
to human health, safety, or the environment likely to result
from a regulatory or nonregulatory option designed to decrease
other risks.
(12) The terms ``treatment, storage, and disposal'' have
the meanings given such terms in section 1004 (34), (33), and
(3), respectively, of the Solid Waste Disposal Act (42 U.S.C.
6903 (34), (33), and (3)).
SEC. 3. ENVIRONMENTAL MANAGEMENT PLAN.
(a) Policy.--The Secretary shall manage federal lands, manage
hazardous substances and radioactive materials at the Reservation,
perform corrective actions, and remove or remedy, as necessary,
hazardous or radioactive contamination of land, structures, surface
water, or ground water within the Hanford Reservation in accordance
with this Act and the environmental management plan prepared in
accordance with this Act.
(b) Issuance of Plan.--Not later than two years after the date of
enactment of this Act, the Secretary shall submit to Congress an
environmental management plan for the Hanford Reservation.
(c) Contents of Plan.--The plan shall contain--
(1) the land use plan required by section 4;
(2) the risk assessment statement required by section 5;
(3) the waste management plan required by section 6; and
(4) the site restoration plan required by section 7.
(d) Effective Date.--This Act shall take effect upon the date of
enactment. The effectiveness of the Act shall not be delayed pending
preparation of the environmental management plan.
(e) Amendment of Plan.--The Secretary may revise the plan from time
to time consistent with this Act and shall submit any amendments to
Congress.
SEC. 4. LAND USE.
(a) Policy.--Lands within the Hanford Reservation shall be retained
in Federal ownership unless, as a result of the land use planning
procedure provided in this section, Congress determines that disposal
of a particular parcel will serve the national interest.
(b) Land Use Plan.--The Secretary shall include in the
environmental management plan a land use plan designating--
(1) parcels within the Hanford Reservation that need to be
retained by the Department for its use or for the maintenance
of institutional controls needed to protect the public or the
environment from hazardous substances or radioactive materials;
(2) parcels recommended for inclusion in the National Park
System, the National Refuge System, or the National Wild and
Scenic Rivers System; and
(3) parcels recommended for transfer to the Secretary of
the Interior to be managed as public lands or to be sold or
exchanged in accordance with the Federal Land Policy and
Management Act (43 U.S.C. 1701-1784).
(c) Criteria.--In designating parcels under subsection (b), the
Secretary shall consider--
(1) the risk to human health, safety, or the environment
presented by hazardous substances and radioactive materials at
the site;
(2) the risk to workers from exposure to hazardous
substances or radioactive materials in the course of performing
removal or remedial actions;
(3) the availability of effective technologies to remedy or
remove hazardous substances or radioactive materials or to
reduce the risk to human health, safety, or the environment;
(4) the cost to the United States or releasing the parcel
from federal ownership and control, including--
(A) the cost of remedying or removing the hazardous
substances or radioactive materials or reducing the
risk to human health, safety, or the environment from
such substances or materials at the parcel;
(B) the cost of remedying or removing the hazardous
substances or radioactive materials or reducing the
risk to the human health, safety, or the environment
from such substances or materials at parts of the
Reservation that remain under federal ownership or
control; and
(C) the cost of assessing the incremental risk to
the human health, safety, or the environment that may
result from releasing the parcel;
(5) the importance of the area for scenic, historical,
recreational, ecological, cultural, or archeological values,
water resources, community expansion, or economic development;
(6) the views of the Secretary of the Interior, the
Governor of Washington, and affected communities and Indian
tribes; and
(7) the availability of Federal funds to clean up the
parcel to the level needed for the recommended use.
(d) Future Ownership.--The Secretary shall not sell, exchange, or
convey any part of the Hanford Reservation except as authorized by
legislation enacted after the date of enactment of this Act.
SEC. 5. RISK ASSESSMENT.
(a) Policy.--The Secretary shall conduct a comprehensive risk
assessment of all major activities, substances, and conditions at the
Hanford Reservation that pose a risk to human health, safety, or the
environment. The risk assessment shall be based on the best available,
scientifically replicable data and realistic assumptions that shall not
exaggerate risk by inappropriately compounding multiple, hypothetical,
conservative policy judgments. The Secretary shall recommend future use
of the Hanford Reservation under section 4, establish standards and
select environmental management activities under sections 6 and 7, and
establish priorities and allocate Federal resources among such
activities based upon the risk assessment conducted under this section.
(b) Risk Assessment Statement.--(1) The Secretary shall include in
the environmental management plan a clear and concise statement that--
(A) describes and, to the extent practicable, quantifies
the risks to human health, safety, and the environment to be
addressed by environmental management activities under this
Act;
(B) compares the human health, safety or environmental
risks to be addressed by such environmental management
activities to other risks chosen by the Secretary, including--
(i) at least 3 other risks regulated by a Federal
agency; and
(ii) at least 3 other risks that are familiar to
the general public;
(C) describes and, to the extent practicable, quantifies
any known, plausible substitution risks when information on
such risks is known to or has been provided to the Secretary;
(D) estimates--
(i) the costs of carrying out the environmental
management activities under this Act; and
(ii) the benefits of such activities, including
both quantifiable measures of costs and benefits, to
the fullest extent that they can be estimated, and
qualitative measures that are difficult to quantify;
and
(E) contains a certification by the Secretary that--
(i) the analyses performed under subparagraphs (A),
(B), (C), and (D) are based on the best reasonably
obtainable scientific information;
(ii) the planned environmental management
activities are likely to reduce significantly the human
health, safety, or environmental risks to be addressed;
(iii) there is no alternative environmental
management activity that would achieve an equivalent
reduction in risk in a more cost-effective manner,
along with a brief explanation of why other
alternatives considered by the Secretary were found to
be less cost-effective; and
(iv) the planned environmental management
activities are likely to produce benefits to human
health, safety, or the environment that will justify
the costs to the United States.
(2) If the Secretary cannot certify one or more of the matters
specified in paragraph (1)(D), the Secretary shall identify those
matters for which certification cannot be made and shall include a
statement of the reasons therefor in the environmental management plan.
(c) Rule of Reason.--In assessing the risk of individual
activities, substances, or conditions as part of the comprehensive risk
assessment required by this section, the Secretary shall employ the
level of detail and rigor appropriate and practicable for reasoned
decision making on the matter involved, taking into account the
significance and complexity of the environmental management plan and
the need for expedition.
SEC. 6. MATERIALS AND WASTE MANAGEMENT.
(a) Policy.--The Secretary shall manage hazardous substances and
radioactive materials at the Hanford Reservation in compliance with the
standards established under subsection (b) and in accordance with the
waste management plan prepared under subsection (c).
(b) Standards.--(1) The Secretary shall, by rule, establish such
standards for the treatment, storage, and disposal of hazardous waste
and radioactive materials at the Hanford Reservation as may be
necessary to protect human health, safety, and the environment.
(2) Such standards shall be in accord with the common defense and
security and provide adequate protection to the health and safety of
the public.
(3) In establishing any standard under this subsection, the
Secretary shall take into account--
(A) reasonably anticipated future land uses;
(B) the views of the affected communities and Indian
tribes;
(C) the availability of cost-effective treatment, storage,
and disposal technologies;
(D) the risk assessment required by section 5;
(E) other human health, safety, or environmental protection
standards established by the Nuclear Regulatory Commission,
other Federal agencies, or the State of Washington for
comparable risks; and
(F) the recommendations of the Defense Nuclear Facilities
Safety Board.
(c) Waste Management Plan.--The Secretary shall include in the
environmental management plan a waste management plan containing--
(1) the standards established under subsection (b);
(2) an inventory of hazardous substances and radioactive
materials at the Hanford Reservation to a level of detail
determined reasonable by the Secretary; and
(3) for each type of hazardous substance or radioactive
material, the treatment, storage, disposal, or other management
method selected by the Secretary to manage the substance or
material in compliance with the standards established under
subsection (b).
(d) Criteria.--In selecting treatment, storage, or disposal methods
under subsection (c), the Secretary shall consider--
(1) the risk to human health, safety, or the environment
presented by the hazardous substance or radioactive material;
(2) the risk to workers from exposure to the substance or
material in the course of treatment, storage, or disposal of
the substance or material;
(3) the cost of the treatment, storage, or disposal method
in relation to--
(A) the risk to the public, workers, or the
environment; and
(B) alternative treatment, storage, or disposal
options;
(4) the extent to which the risk to the public, workers, or
the environment may be reduced by interim storage of the waste
or material until--
(A) the hazard is reduced as a result of
radioactive decay or chemical decomposition; or
(B) more cost-effective treatment or disposal
technologies are developed and are reasonably
available; and
(5) the views of Federal and State regulators of the
substance or material and the affected communities and Indian
tribes.
SEC. 7. SITE RESTORATION.
(a) Policy.--The Secretary shall take corrective and remedial
actions at the Hanford Reservation in compliance with the standards
established in subsection (b) and in accordance with the site
restoration plan prepared under subsection (c).
(b) Standards.--(1) The Secretary shall, by rule, establish such
standards for the performance of corrective, remedial, and removal
actions at the Hanford Reservation as may be necessary to protect human
health, safety, and the environment.
(2) Such standards shall be in accord with the common defense and
security and provide adequate protection to the health and safety of
the public.
(3) In establishing any standard under this subsection, the
Secretary shall take into account--
(A) reasonably anticipated future land uses;
(B) the views of the affected communities and Indian
tribes;
(C) the availability of cost-effective technology for
performing corrective, removal, or remedial actions;
(D) the risk assessment required by section 5;
(E) other human health, safety, or environmental protection
standards established by the Nuclear Regulatory Commission
other Federal agencies, or the State of Washington for
comparable risks; and
(F) the recommendations of the Defense Nuclear Facilities
Safety Board.
(c) Remedy Selection.--(1) The Secretary shall select remedial
actions that achieve the level of cleanup under subsection (b), taking
into account the following factors--
(A) the effectiveness of the remedy;
(B) the capability of the remedy to achieve long-term
protection of human health, safety, and the environment;
(C) the risk posed by the remedy to the public, to workers
engaged in the remedial actions, and to the environment;
(D) the acceptability of the remedy to the affected
communities and Indian tribes; and
(E) the reasonableness of the cost of the remedy in
relation to the preceding factors.
(2) The Secretary shall give due consideration to the selection of
interim containment as a remedy where--
(A) the risk to human health, safety, and the environment
diminishes over time as a result of radioactive decay or
chemical decomposition; or
(B) alternative remedies are technically infeasible or
unreasonably costly.
(3) The Secretary shall establish cost-effective generic remedies
and expedited procedures for selecting generic remedies, as
appropriate, at multiple sites within the Reservation.
SEC. 8. WORK FORCE RESTRUCTURING.
Notwithstanding section 3161 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484) or any other provision of
law, the Secretary shall reduce the number of employees employed by the
Department or its contractors at the Hanford Reservation to the number
needed to accomplish authorized activities.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary for environmental management activities at the
Hanford Reservation. | Hanford Land Management Act - Directs the Secretary of Energy to: (1) manage Federal lands, hazardous substances and radioactive materials at the Hanford Reservation (Reservation) in accordance with this Act and the environmental management plan prepared pursuant to it; (2) submit an environmental management plan for the Reservation to the Congress according to prescribed guidelines; (3) include a prescribed land use plan and risk assessment statement within the environmental management plan according to prescribed guidelines; (4) conduct a comprehensive risk assessment of all major activities, substances, and conditions that pose a risk to human health, safety, or the environment at the Reservation; (5) manage hazardous substances and radioactive materials at the Reservation in accordance with prescribed waste management guidelines, establishing any necessary standards; and (6) take corrective and remedial actions at the Reservation in compliance with the standards and site restoration plan prescribed under this Act.
Instructs the Secretary to reduce the number of employees employed at the Reservation by the Department of Energy or its contractors to the number needed to accomplish authorized activities.
Authorizes appropriations. | {"src": "billsum_train", "title": "Hanford Land Management Act"} | 3,617 | 222 | 0.538238 | 1.419535 | 0.743649 | 4.033654 | 16.793269 | 0.927885 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``East Timor Transition to
Independence Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On August 30, 1999, the East Timorese people voted
overwhelmingly in favor of independence from Indonesia. Anti-
independence militias, with the support of the Indonesian
military, attempted to prevent then retaliated against this
vote by launching a campaign of terror and violence, displacing
500,000 people and murdering hundreds.
(2) The violent campaign devastated East Timor's
infrastructure, destroyed or severely damaged 60 to 80 percent
of public and private property, and resulted in the collapse of
virtually all vestiges of government, public services and
public security.
(3) The Australian-led International Force for East Timor
(INTERFET) entered East Timor in September 1999 and
successfully restored order. On October 25, 1999, the United
Nations Transitional Administration for East Timor (UNTAET)
began providing overall administration of East Timor, guide the
people of East Timor in the establishment of a new democratic
government, and maintain security and order.
(4) UNTAET and the East Timorese leadership currently
anticipate that East Timor will become an independent nation as
early as late 2001.
(5) East Timor is one of the poorest places in Asia. A
large percentage of the population live below the poverty line,
only 20 percent of East Timor's population is literate, most of
East Timor's people remain unemployed, the annual per capita
Gross National Product is $340, and life expectancy is only 56
years.
(6) The World Bank and the United Nations have estimated
that it will require $300,000,000 in development assistance
over the next three years to meet East Timor's basic
development needs.
SEC. 3. SENSE OF CONGRESS RELATING TO SUPPORT FOR EAST TIMOR.
It is the sense of Congress that the United States should--
(1) facilitate East Timor's transition to independence,
support formation of broad-based democracy in East Timor, help
lay the groundwork for East Timor's economic recovery, and
strengthen East Timor's security;
(2) begin to lay the groundwork, prior to East Timor's
independence, for an equitable bilateral trade and investment
relationship;
(3)(A) officially open a diplomatic mission to East Timor
as soon as possible;
(B) recognize East Timor, and establish diplomatic
relations with East Timor, upon its independence; and
(C) ensure that a fully functioning, fully staffed,
adequately resourced, and securely maintained United States
diplomatic mission is accredited to East Timor upon its
independence;
(4) support efforts by the United Nations and East Timor to
ensure justice and accountability related to past atrocities in
East Timor through--
(A) United Nations investigations;
(B) development of East Timor's judicial system,
including appropriate technical assistance to East
Timor from the Department of Justice, the Federal
Bureau of Investigation, and the Drug Enforcement
Administration; and
(C) the possible establishment of an international
tribunal for East Timor; and
(5) support observer status for an official delegation from
East Timor to observe and participate, as appropriate, in all
deliberations of the Asia Pacific Economic Co-operation (APEC)
group.
SEC. 4. BILATERAL ASSISTANCE.
(a) Authority.--The President, acting through the Administrator of
the United States Agency for International Development, is authorized
to--
(1) support the development of civil society, including
nongovernmental organizations in East Timor;
(2) promote the development of an independent news media;
(3) support job creation and economic development in East
Timor, including support for microenterprise programs and
technical education, as well as environmental protection and
education programs;
(4) promote reconciliation, conflict resolution, and
prevention of further conflict with respect to East Timor,
including establishing accountability for past gross human
rights violations;
(5) support the voluntary and safe repatriation and
reintegration of refugees into East Timor; and
(6) support political party development, voter education,
voter registration and other activities in support of free and
fair elections in East Timor.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $25,000,000 for each of the fiscal years
2001, 2002, and 2003.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 5. MULTILATERAL ASSISTANCE.
The President shall instruct the United States executive director
at each international financial institution to which the United States
is a member to use the voice, vote, and influence of the United States
to support economic and democratic development in East Timor.
SEC. 6. PEACE CORPS ASSISTANCE.
(a) Authority.--The Director of the Peace Corps is authorized to--
(1) provide English language and other technical training
for individuals in East Timor as well as other activities which
promote education, economic development, and economic self-
sufficiency; and
(2) quickly address immediate assistance needs in East
Timor using the Peace Corps Crisis Corps, to the extent
practicable.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$2,000,000 for each of the fiscal years 2001, 2002, and 2003 to
carry out such subsection.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 7. TRADE AND INVESTMENT ASSISTANCE.
(a) OPIC.--Beginning on the date of the enactment of this Act, the
President should initiate negotiations with the United Nations
Transitional Administration for East Timor (UNTAET), the National
Council of East Timor, and the government of East Timor (after
independence for East Timor)--
(1) to apply to East Timor the existing agreement between
the Overseas Private Investment Corporation and Indonesia; or
(2) to enter into a new agreement authorizing the Overseas
Private Investment Corporation to carry out programs with
respect to East Timor,
in order to expand United States investment in East Timor.
(b) Trade and Development Agency.--
(1) In general.--The Director of the Trade and Development
Agency is authorized to carry out projects in East Timor under
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421).
(2) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to carry out this subsection $1,000,000
for each of the fiscal years 2001, 2002, and 2003.
(B) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under subparagraph
(A) are authorized to remain available until expended.
(c) Export-Import Bank.--The Export-Import Bank of the United
States shall expand its activities in connection with exports to East
Timor.
SEC. 8. GENERALIZED SYSTEM OF PREFERENCES.
(a) Sense of Congress.--It is the sense of Congress that the
President should encourage the United Nations Transitional
Administration for East Timor (UNTAET), in close consultation with the
National Council of East Timor, to seek to become eligible for duty-
free treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461
et seq.; relating to generalized system of preferences).
(b) Technical Assistance.--The United States Trade Representative
and the Commissioner of the United States Customs Service are
authorized to provide technical assistance to UNTAET, the National
Council of East Timor, and the government of East Timor (after
independence for East Timor) in order to assist East Timor to become
eligible for duty-free treatment under title V of the Trade Act of
1974.
SEC. 9. BILATERAL INVESTMENT TREATY.
It is the sense of Congress that the President should seek to enter
into a bilateral investment treaty with the United Nations Transitional
Administration for East Timor (UNTAET), in close consultation with the
National Council of East Timor, in order to establish a more stable
legal framework for United States investment in East Timor.
SEC. 10. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.
(a) Authority.--The Secretary of State--
(1) is authorized to carry out an East Timorese scholarship
program under the authorities of the United States Information
and Educational Exchange Act of 1948, the Mutual Educational
and Cultural Exchange Act of 1961, Reorganization Plan Number 2
of 1977, and the National Endowment for Democracy Act; and
(2) shall make every effort to identify and provide
scholarships and other support to East Timorese students
interested in pursuing undergraduate and graduate studies at
institutions of higher education in the United States.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of State, $1,000,000 for the fiscal year
2002 and $1,000,000 for the fiscal year 2003 to carry out subsection
(a).
SEC. 11. PLAN FOR ESTABLISHMENT OF DIPLOMATIC FACILITIES IN EAST TIMOR.
(a) Development of Detailed Plan.--The Secretary of State shall
develop a detailed plan for the official establishment of a United
States diplomatic mission to East Timor, with a view to--
(1) officially open a fully functioning, fully staffed,
adequately resourced, and securely maintained diplomatic
mission in East Timor as soon as possible;
(2) recognize East Timor, and establish diplomatic
relations with East Timor, upon its independence; and
(3) ensure that a fully functioning, fully staffed,
adequately resourced, and securely maintained diplomatic
mission is accredited to East Timor upon its independence.
(b) Reports.--
(1) Initial report.--Not later than three months after the
date of the enactment of this Act, the Secretary of State shall
submit to the Committee on International Relations of the House
of Representatives and the Committee on Foreign Relations of
the Senate a report that contains the detailed plan described
in subsection (a), including a timetable for the official
opening of a facility in Dili, East Timor, the personnel
requirements for the mission, the estimated costs for
establishing the facility, and its security requirements.
(2) Subsequent reports.--Beginning six months after the
submission of the initial report under paragraph (1), and every
six months thereafter until January 1, 2004, the Secretary of
State shall submit to the committees specified in that
paragraph a report on the status of the implementation of the
detailed plan described in subsection (a), including any
revisions to the plan (including its timetable, costs, or
requirements) that have been made during the period covered by
the report.
(3) Form of report.--Each report submitted under this
subsection may be submitted in classified or unclassified form.
SEC. 12. SECURITY ASSISTANCE FOR EAST TIMOR.
(a) Authorization.--Beginning on and after the date on which the
President transmits to the Congress a certification described in
subsection (b), the President is authorized--
(1) to transfer excess defense articles under section 516
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) to East
Timor in accordance with such section; and
(2) to provide military education and training under
chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.) for
the armed forces of East Timor in accordance with such chapter.
(b) Certification.--A certification described in this subsection is
a certification that--
(1) East Timor has established an independent armed forces;
and
(2) the assistance proposed to be provided pursuant to
subsection (a)--
(A) is in the national security interests of the
United States; and
(B) will promote both human rights in East Timor
and the professionalization of the armed forces of East
Timor.
(c) Study and Report.--
(1) Study.--The President shall conduct a study to
determine--
(A) the extent to which East Timor's security needs
can be met by the transfer of excess defense articles
under section 516 of the Foreign Assistance Act of
1961;
(B) the extent to which international military
education and training (IMET) assistance will enhance
professionalism of the armed forces of East Timor,
provide training in human rights, promote respect for
human rights and humanitarian law; and
(C) the terms and conditions under which such
defense articles or training, as appropriate, should be
provided.
(2) Report.--Not later than 1 month after the date of
enactment of this Act, the President shall submit a report to
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives setting forth the findings of the study
conducted under paragraph (1).
SEC. 13. AUTHORITY FOR RADIO BROADCASTING.
The Broadcasting Board of Governors shall further the communication
of information and ideas through the increased use of audio
broadcasting to East Timor to ensure that radio broadcasting to that
country serves as a consistently reliable and authoritative source of
accurate, objective, and comprehensive news.
SEC. 14. REPORTING REQUIREMENT.
(a) In General.--Not later than three months after the date of the
enactment of this Act, and every six months thereafter until January 1,
2004, the Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, the Secretary
of the Treasury, the United States Trade Representative, the Secretary
of Commerce, the Overseas Private Investment Corporation, the Director
of the Trade and Development Agency, the President of the Export-Import
Bank of the United States, the Secretary of Agriculture, and the
Director of the Peace Corps, shall prepare and transmit to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate a report that
contains the information described in subsection (b).
(b) Information.--The report required by subsection (a) shall
include--
(1) developments in East Timor's political and economic
situation in the period covered by the report, including an
evaluation of any elections occurring in East Timor and the
refugee reintegration process in East Timor;
(2)(A) in the initial report, a 3-year plan for United
States foreign assistance to East Timor in accordance with
section 4, prepared by the Administrator of the United States
Agency for International Development, which outlines the goals
for United States foreign assistance to East Timor during the
3-year period; and
(B) in each subsequent report, a description in detail of
the expenditure of United States bilateral foreign assistance
during the period covered by each such report;
(3) a description of the activities undertaken in East
Timor by the International Bank for Reconstruction and
Development and the Asian Development Bank, and an evaluation
of the effectiveness of these activities;
(4) an assessment of--
(A) the status of United States trade and
investment relations with East Timor, including a
detailed analysis of any trade and investment-related
activity supported by the Overseas Private Investment
Corporation, the Export-Import Bank of the United
States, and the Trade and Development Agency during the
period of time since the previous report; and
(B) the status of any negotiations with the United
Nations Transitional Administration for East Timor
(UNTAET) or East Timor to facilitate the operation of
the United States trade agencies in East Timor;
(5) the nature and extent of United States-East Timor
cultural, education, scientific, and academic exchanges, both
official and unofficial, and any Peace Corps activities; and
(6) a comprehensive study and report on local agriculture
in East Timor, emerging opportunities for producing and
exporting indigenous agricultural products, and recommendations
for appropriate technical assistance from the United States. | Sets forth requirements with respect to the provision to East Timor of bilateral assistance, multilateral assistance, Peace Corps assistance, certain trade and investment assistance, scholarships for East Timorese students, and security assistance.
Directs the Broadcasting Board of Governors to further the communication of information and ideas through increased use of audio broadcasting to East Timor. | {"src": "billsum_train", "title": "East Timor Transition to Independence Act of 2000"} | 3,455 | 74 | 0.36785 | 1.105206 | 0.54922 | 2.968254 | 51.095238 | 0.936508 |
SECTION 1. FORT PRESQUE ISLE NATIONAL HISTORIC SITE.
(a) Findings and Purposes.--
(1) Findings.--The Congress finds the following:
(A) Fort Presque Isle was a frontier outpost
located on Garrison Hill in the area of present-day
Erie, Pennsylvania, which was the site of the American
installations built from 1795 to 1796 and in the War of
1812.
(B) General Anthony Wayne was a Revolutionary War
hero who served under General George Washington and, at
one point, was Commander in Chief of the United States
Army. He first arrived in the area in 1786.
(C) Legend has it that Anthony Wayne was nicknamed
``Mad'' by his troops, not for being rash or foolish,
but for his leadership and bravery on and off the
battlefield.
(D) The original blockhouse of Fort Presque Isle
was built in 1795 by 200 Federal troops from General
Wayne's army, under the direction of Captain John
Grubb. It was the first blockhouse used as part of a
defensive system established to counter Native American
uprisings. It was also used during the War of 1812.
(E) Anthony Wayne was stricken ill at Fort Presque
Isle, and died there in 1796. At his request, his body
was buried under the flagpole of the northwest
blockhouse of the fort.
(F) The original blockhouse burned in 1852, and the
existing structure was built by the Commonwealth of
Pennsylvania in 1880 as a memorial to Anthony Wayne.
(2) Purposes.--The purposes of this section are the
following:
(A) To provide for reconstruction of the frontier
fort at Presque Isle for the benefit, inspiration, and
education of the people of the United States.
(B) To preserve the original grave site of General
``Mad'' Anthony Wayne at Fort Presque Isle.
(C) To broaden understanding of the historical
significance of Fort Presque Isle.
(b) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Fort Presque Isle National Historic Site established by
subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Fort Presque Isle National Historic Site.--
(1) Establishment.--There is established the Fort Presque
Isle National Historic Site in Erie, Pennsylvania.
(2) Description.--
(A) In general.--The historic site shall consist of
land and improvements comprising the historic location
of Fort Presque Isle, including the existing blockhouse
replica at that location, as depicted on a map entitled
``________'', numbered ________ and dated ________,
comprising approximately ________ acres.
(B) Map and boundary description.--The map referred
to in subparagraph (A) and accompanying boundary
description shall be on file and available for public
inspection in the office of the Director of the
National Park Service and any other office of the
National Park Service that the Secretary determines to
be an appropriate location for filing the map and
boundary description.
(d) Administration of the Historic Site.--
(1) In general.--The Secretary shall administer the
historic site in accordance with this section and the
provisions of law generally applicable to units of the National
Park System, including the Act entitled ``An Act to establish a
National Park Service, and for other purposes'', approved
August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August
21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et seq.).
(2) Cooperative agreements.--To further the purposes of
this section, the Secretary may enter into a cooperative
agreement with any interested individual, public or private
agency, organization, or institution.
(3) Technical and preservation assistance.--
(A) In general.--The Secretary may provide to any
eligible person described in subparagraph (B) technical
assistance for the preservation of historic structures
of, the maintenance of the cultural landscape of, and
local preservation planning for, the historic site.
(B) Eligible persons.--The eligible persons
described in this subparagraph are--
(i) an owner of real property within the
boundary of the historic site, as described in
subsection (c)(2); and
(ii) any interested individual, agency,
organization, or institution that has entered
into an agreement with the Secretary pursuant
to paragraph (2) of this subsection.
(e) Acquisition of Real Property--The Secretary may acquire by
donation, exchange, or purchase with funds made available by donation
or appropriation, such lands or interests in lands as may be necessary
to allow for the interpretation, preservation, or restoration of the
historic site.
(f) General Management Plan.--
(1) In general.--Not later than the last day of the third
full fiscal year beginning after the date of enactment of this
Act, the Secretary shall, in consultation with the officials
described in paragraph (2), prepare a general management plan
for the historic site.
(2) Consultation.--In preparing the general management
plan, the Secretary shall consult with an appropriate official
of each appropriate political subdivisions of the State of
Pennsylvania that have jurisdiction over all or a portion of
the historic site.
(3) Submission of plan to congress.--Upon the completion of
the general management plan, the Secretary shall submit a copy
of the plan to the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives. | Establishes the Fort Presque Isle National Historic Site in Erie, Pennsylvania.
Directs the Secretary of the Interior to administer such site and submit a general management plan to specified congressional committees. | {"src": "billsum_train", "title": "To establish the Fort Presque Isle National Historic Site in Erie, Pennsylvania."} | 1,210 | 42 | 0.438513 | 1.207627 | 0.719473 | 3.542857 | 32.857143 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal Refuse Reclamation Act''.
SEC. 2. CREDIT FOR COAL REFUSE USED TO PRODUCE ELECTRICITY AT CERTAIN
FACILITIES.
(a) In General.--Section 45(e) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(12) Coal refuse facilities.--
``(A) Determination of credit amount.--The credit
determined under this section (without regard to this
subparagraph) for any taxable year shall be increased
by an amount equal to $12 per ton of coal refuse used
at a coal refuse facility to produce electricity at
such facility during the 10-year period beginning on
January 1, 2018.
``(B) Tons of coal refuse.--For purposes of
subparagraph (A), the tons of coal refuse used by an
owner of a coal refuse facility shall be as set forth
in Schedule 4, Part A (Fossil Fuel Stocks at the End of
the Reporting Period and the Data Balance) of the U.S.
Energy Information Administration Form-EIA923 Power
Plant Operations Report (or any amended, successor, or
similar form).
``(C) Credit eligibility.--In the case of a
facility described in subparagraph (A), if the owner of
such facility is not the producer of the electricity,
the person eligible for the increase in credit
determined under subparagraph (A) shall be the lessee
or the operator of such facility.
``(D) Application of rules.--Rules similar to the
rules of paragraphs (1), (3), and (5) of this
subsection shall apply for purposes of determining the
amount of any increase under this paragraph.
``(E) Exemption from passive and at-risk
limitations.--Sections 465 and 469 shall not apply with
respect to any increase under this paragraph.''.
(b) Coal Refuse Facility Defined.--Section 45(d) of such Code is
amended by adding at the end the following new paragraph:
``(12) Coal refuse facility.--In the case of a facility
using coal refuse to produce electricity, the term `coal refuse
facility' means any facility--
``(A) which was originally placed in service prior
to January 1, 2018, and combusts coal refuse or fuel
composed of at least 75 percent coal refuse by BTU
energy value, and
``(B) uses--
``(i) at a minimum, a circulating fluidized
bed combustion unit or a pressurized fluidized
bed combustion unit equipped with a limestone
injection system, for control of acid gases,
and
``(ii) a fabric filter particulate emission
control system.''.
(c) Coal Refuse.--Section 45(c) of such Code is amended by adding
at the end the following new paragraph:
``(11) Coal refuse.--The term `coal refuse' means any waste
coal, rock, shale, slurry, culm, gob, boney, slate, clay and
related materials associated with or near a coal seam that are
either brought aboveground or otherwise removed from a coal
mine in the process of mining coal or that are separated from
coal during the cleaning or preparation operations. Such term
includes underground development wastes, coal processing wastes
and excess spoil, but does not include overburden from surface
mining activities.''.
(d) Allowance of Credit Against Alternative Minimum Tax.--Section
38(c)(4)(B)(v) of such Code is amended by inserting ``or section
45(e)(12) (relating to coal refuse facilities)'' before the comma at
the end.
(e) Advance Payment of Credit.--Subchapter B of chapter 65 of such
Code is amended by adding at the end the following new section:
``SEC. 6433. ELECTIVE PAYMENT FOR COAL REFUSE FACILITIES.
``(a) In General.--Any person electing the application of this
section with respect to any eligible coal refuse facility shall be
treated as making a payment against the tax imposed by subtitle A for
the taxable year equal to the amount of the credit that would be
determined under section 45 for such facility for such year. Except as
provided in subsection (b), such payment shall be treated as made on
the later of the due date of the return of such tax or the date on
which such return is filed.
``(b) Quarterly Election.--
``(1) In general.--At the close of any quarter of the
taxable year of any taxpayer entitled to a credit with respect
to an eligible coal refuse facility, if a claim is filed under
this section, the Secretary shall pay (without interest) an
amount equal to the credit determined under section 45 for such
quarter, calculated as if such credit were determined on a
quarterly basis and as if the tons of coal refuse under section
45(e)(12)(B) were reported quarterly on Schedule 4, Part A
(Fossil Fuel Stocks at the End of the Reporting Period and the
Data Balance) of the U.S. Energy Information Administration
Form-EIA923 Power Plant Operations Report (or any amended,
successor, or similar form).
``(2) Time for filing claim.--No claim filed under this
subsection (b) shall be allowed unless filed during the first
quarter following the last quarter included in the claim.
``(3) Payment of claim.--Notwithstanding paragraph (1) of
this subsection, if the Secretary has not paid pursuant to a
claim filed under this section within 45 days of the date of
the filing of such claim (20 days in the case of an electronic
claim), the claim shall be paid with interest from such date
determined by using the overpayment rate and method under
section 6621.
``(c) Special Rules for Partnerships and S Corporations.--In the
case of an eligible coal refuse facility owned or used by a partnership
or an S corporation--
``(1) the elections under subsection (a) or (b) may be made
only by such partnership or S corporation,
``(2) such partnership or S corporation shall be treated as
making the payment referred to in subsection (a) only to the
extent of the proportionate share of such partnership or S
corporation as is owned by persons who would be treated as
making such payment if the property were owned or used by such
persons, and
``(3) the return required to be made by such partnership or
S corporation under section 6031 or 6037 (as the case may be)
shall be treated as a return of tax for purposes of subsection
(a).
``(d) Coordination With Production Credits.--In the case of any
eligible coal refuse facility with respect to which an election is made
under subsection (a) or (b), no credit shall be determined under
section 45 with respect to such facility for the taxable year in which
such election is made.
``(e) Eligible Coal Refuse Facility.--The term `eligible coal
refuse facility' means a facility eligible for a credit during the
taxable year pursuant to section 45(d)(12).
``(f) Exclusion From Gross Income.--Any credit or refund allowed or
made by reason of this section shall not be includible in gross income
or alternative minimum taxable income.
``(g) Regulations.--The Secretary may by regulations prescribe the
conditions, not inconsistent with the provisions of this section, under
which payments may be made under this section.''.
(f) Effective Date.--The amendments made by this section shall
apply to coal refuse used to produce electricity after December 31,
2017, in taxable years beginning after such date. | Coal Refuse Reclamation Act This bill amends the Internal Revenue Code to allow a tax credit for facilities that use coal refuse to produce electricity. The credit is equal to $12 per ton of coal refuse used at a coal refuse facility to produce electricity at the facility during the 10-year period beginning on January 1, 2018. To qualify for the credit, the facility must have been originally placed in service prior to January 1, 2018, and combust coal refuse or fuel composed of at least 75% coal refuse by BTU energy value. The facility must also use: (1) at a minimum, a circulating fluidized bed combustion unit or a pressurized fluidized bed combustion unit equipped with a limestone injection system, for control of acid gases; and (2) a fabric filter particulate emission control system. The bill defines "coal refuse" as any waste coal, rock, shale, slurry, culm, gob, boney, slate, clay and related materials associated with or near a coal seam that are either brought aboveground or otherwise removed from a coal mine in the process of mining coal or that are separated from coal during the cleaning or preparation operations. The term includes underground development wastes, coal processing wastes and excess spoil, but does not include overburden from surface mining activities. | {"src": "billsum_train", "title": "Coal Refuse Reclamation Act"} | 1,728 | 285 | 0.581901 | 1.777143 | 0.703473 | 6.844 | 6.172 | 0.908 |
SECTION 1. AMENDMENTS RELATING TO STATUTORY LICENSE FOR SATELLITE
CARRIERS.
Section 119 of title 17, United States Code, is amended as follows:
(1) Subsection (a)(2)(C) is amended--
(A) in clause (i)--
(i) in the heading, by inserting
``commercial'' after ``single'';
(ii) by inserting ``commercial'' after ``a
single''; and
(iii) by striking ``(47 CFR 76.51)'' and
inserting ``(section 76.51 of title 47, Code of
Federal Regulations)'';
(B) in clause (ii), by striking ``47 of the Code''
and inserting ``47, Code'';
(C) in clause (iii), by striking ``if the satellite
carrier'' and inserting ``if a satellite carrier or
cable system''; and
(D) in clause (iv)(II), by inserting ``U.S.
Television Household Estimates by'' after ``according
to''.
(2) Subsection (a)(2)(B)(i) is amended in the last sentence
by striking ``under paragraph (3)'' and inserting ``authorized
under paragraph (3)''.
(3) Subsection (a)(3) is amended--
(A) in subparagraph (A), by striking ``Commission,
to be'' and all that follows through the end and
inserting ``Commission to be significantly viewed, as
defined in section 76.5 of title 47, Code of Federal
Regulations, as in effect on April 15, 1976.''; and
(B) in subparagraph (C)(i) in the last sentence, by
inserting ``otherwise'' after ``specifically stated''.
(4) Subsection (a)(4)(E) is amended to read as follows:
``(E) Other provisions not affected.--Subparagraphs
(A), (B), and (C) shall not affect the applicability of
the statutory license to secondary transmissions
authorized under paragraphs (3) and (12).''.
(5) Subsection (a)(4)(F) is amended--
(A) in the first sentence, by striking ``(C) or
(D)'' and inserting ``(A) or (B)''; and
(B) in the last sentence, by inserting
``otherwise'' after ``specifically stated''.
(6) Subsection (a)(14) is amended in the last sentence, by
inserting ``otherwise'' after ``specifically stated''.
(7) Subsection (c)(1) is amended--
(A) in subparagraph (B)--
(i) by inserting ``notice'' after ``shall
cause'';
(ii) by inserting ``and distributors''
after ``paid by satellite carriers''; and
(iii) by striking ``analog transmission''
and inserting ``analog transmissions'';
(B) in subparagraph (C) in the second sentence--
(i) by striking ``distributors and
copyright'' and inserting ``distributors, and
copyright''; and
(ii) by striking ``royalty fee'' and
inserting ``royalty fees'';
(C) in subparagraph (D)--
(i) in clause (i), by striking ``that a
parties thereto'' and inserting ``that are
parties thereto''; and
(ii) in clause (ii)(I), by striking
``subparagraph (E)'' and inserting
``subparagraph (F)''; and
(D) in subparagraph (F)--
(i) in clause (i)--
(I) by striking ``royalty fee'' and
all that follows through
``distributors'' and inserting
``royalty fees to be paid by satellite
carriers and distributors for the
secondary transmission of the primary
analog transmissions of network
stations and superstations under
subsection (b)(1)(B)''; and
(II) in the last sentence, by
striking ``arbitrary'' and inserting
``arbitration'';
(ii) in clause (ii), by striking ``fair
market value of secondary transmissions'' and
inserting ``fair market value of such secondary
transmissions'';
(iii) in clause (iii)--
(I) in subclause (I), by striking
``2004;'' and inserting ``2004,''; and
(II) by striking all that follows
subclause (I) and inserting the
following:
``(II) is made by the Librarian
under section 802(f) as in effect on
the day before such date of enactment,
shall be effective as of January 1, 2005.'';
and
(iv) in clause (iv)--
(I) by striking ``(iii)'' and
inserting ``clause (iii)''; and
(II) by striking ``distributors and
copyright owners,'' and inserting
``distributors, and copyright owners''.
(8) Subsection (c)(2) is amended--
(A) in subparagraph (A), by striking ``section
298.3(b)(1)'' and inserting ``section 258.3(b)(1)'';
and
(B) in subparagraph (C), by striking ``accordance
with to'' and inserting ``accordance with''.
(9) Subsection (a)(15)(A) is amended by striking the comma
after ``television station''.
(10) Subsection (a)(16)(B) is amended by inserting a comma
after ``Alaska if''.
(11) Subsection (d)(12) is amended by striking ``low power
television as defined'' and inserting ``low power television
station as defined''. | Makes technical corrections to satellite distant signal compulsory copyright license provisions (copyright law regarding secondary transmissions of superstations and network stations for private home viewing). | {"src": "billsum_train", "title": "To make technical corrections to title 17, United States Code."} | 1,404 | 35 | 0.39964 | 0.941371 | 0.32142 | 0.75 | 41.785714 | 0.607143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violent Crime Control Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) there is no reliable information on the amount of
ammunition available;
(2) importers and manufacturers of ammunition are not
required to keep records to report to the Federal Government on
ammunition imported, produced, or shipped;
(3) the rate of bullet-related deaths in the United States
is unacceptably high and growing;
(4) three calibers of bullets are used disproportionately
in crime: 9 millimeter, .25 caliber, and .32 caliber bullets;
(5) injury and death are greatest in young males, and
particularly young black males;
(6) epidemiology can be used to study bullet-related death
and injury to evaluate control options;
(7) bullet-related death and injury has placed increased
stress on the American family resulting in increased welfare
expenditures under title IV of the Social Security Act;
(8) bullet-related death and injury have contributed to the
increase in Medicaid expenditures under title XIX of the Social
Security Act;
(9) bullet-related death and injury have contributed to
increased supplemental security income benefits under title XVI
of the Social Security Act;
(10) a tax on the sale of bullets will help control bullet-
related death and injury;
(11) there is no central responsible agency for trauma,
there is relatively little funding available for the study of
bullet-related death and injury, and there are large gaps in
research programs to reduce injury;
(12) current laws and programs relevant to the loss of life
and productivity from bullet-related trauma are inadequate to
protect the citizens of the United States; and
(13) increased research in bullet-related violence is
needed to better understand the causes of such violence, to
develop options for controlling such violence, and to identify
and overcome barriers to implementing effective controls.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to increase the tax on the sale of 9 millimeter, .25
caliber, and .32 caliber bullets (except with respect to any
sale to law enforcement agencies) as a means of reducing the
epidemic of bullet-related death and injury;
(2) to undertake a nationally coordinated effort to survey,
collect, inventory, synthesize, and disseminate adequate data
and information for--
(A) understanding the full range of bullet-related
death and injury, including impacts on the family
structure and increased demands for benefit payments
under provisions of the Social Security Act;
(B) assessing the rate and magnitude of change in
bullet-related death and injury over time;
(C) educating the public about the extent of
bullet-related death and injury; and
(D) expanding the epidemiologic approach to
evaluate efforts to control bullet-related death and
injury and other forms of violence;
(3) to develop options for controlling bullet-related death
and injury;
(4) to build the capacity and encourage responsibility at
the individual, group, community, State and Federal levels for
control and elimination of bullet-related death and injury; and
(5) to promote a better understanding of the utility of the
epidemiologic approach for evaluating options to control or
reduce death and injury from nonbullet-related violence.
TITLE I--BULLET DEATH AND INJURY CONTROL PROGRAM
SEC. 101. BULLET DEATH AND INJURY CONTROL PROGRAM.
(a) Establishment.--There is established within the Centers for
Disease Control's National Center for Injury Prevention and Control
(referred to as the ``Center'') a Bullet Death and Injury Control
Program (referred to as the ``Program'').
(b) Purpose.--The Center shall conduct research into and provide
leadership and coordination for--
(1) the understanding and promotion of knowledge about the
epidemiologic basis for bullet-related death and injury within
the United States;
(2) developing technically sound approaches for
controlling, and eliminating, bullet-related deaths and
injuries;
(3) building the capacity for implementing the options, and
expanding the approaches to controlling death and disease from
bullet-related trauma; and
(4) educating the public about the nature and extent of
bullet-related violence.
(c) Functions.--The functions of the Program shall be--
(1) to summarize and to enhance the knowledge of the
distribution, status, and characteristics of bullet-related
death and injury;
(2) to conduct research and to prepare, with the assistance
of State public health departments--
(A) statistics on bullet-related death and injury;
(B) studies of the epidemic nature of bullet-
related death and injury; and
(C) status of the factors, including legal,
socioeconomic, and other factors, that bear on the
control of bullets and the eradication of the bullet-
related epidemic;
(3) to publish information about bullet-related death and
injury and guides for the practical use of epidemiological
information, including publications that synthesize information
relevant to national goals of understanding the bullet-related
epidemic and methods for its control;
(4) to identify socioeconomic groups, communities, and
geographic areas in need of study, develop a strategic plan for
research necessary to comprehend the extent and nature of
bullet-related death and injury, and determine what options
exist to reduce or eradicate such death and injury;
(5) to provide for the conduct of epidemiologic research on
bullet-related death and injury through grants, contracts,
cooperative agreements, and other means, by Federal, State, and
private agencies, institutions, organizations, and individuals;
(6) to make recommendations to Congress, the Bureau of
Alcohol, Tobacco, and Firearms, and other Federal, State, and
local agencies on the technical management of data collection,
storage, and retrieval necessary to collect, evaluate, analyze,
and disseminate information about the extent and nature of the
bullet-related epidemic of death and injury as well as options
for its control;
(7) to make recommendations to the Congress, the Bureau of
Alcohol, Tobacco, and Firearms, and other Federal, State and
local agencies, organizations, and individuals about options
for actions to eradicate or reduce the epidemic of bullet-
related death and injury;
(8) to provide training and technical assistance to the
Bureau of Alcohol, Tobacco, and Firearms and other Federal,
State, and local agencies regarding the collection and
interpretation of bullet-related data; and
(9) to research and explore bullet-related death and injury
and options for its control.
(d) Advisory Board.--
(1) In general.--The Center shall have an independent
advisory board to assist in setting the policies for and
directing the Program.
(2) Membership.--The advisory board shall consist of 13
members, including--
(A) 1 representative from the Centers for Disease
Control;
(B) 1 representative from the Bureau of Alcohol,
Tobacco and Firearms;
(C) 1 representative from the Department of
Justice;
(D) 1 member from the Drug Enforcement Agency;
(E) 3 epidemiologists from universities or
nonprofit organizations;
(F) 1 criminologist from a university or nonprofit
organization;
(G) 1 behavioral scientist from a university or
nonprofit organization;
(H) 1 physician from a university or nonprofit
organization;
(I) 1 statistician from a university or nonprofit
organization;
(J) 1 engineer from a university or nonprofit
organization; and
(K) 1 public communications expert from a
university or nonprofit organization.
(3) Terms.--Members of the advisory board shall serve for
terms of 5 years, and may serve more than 1 term.
(4) Compensation of members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or
employees of the United States.
(5) Travel expenses.--A member of the advisory board that
is not otherwise in the Federal Government service shall, to
the extent provided for in advance in appropriations Acts, be
paid actual travel expenses and per diem in lieu of subsistence
expenses in accordance with section 5703 of title 5, United
States Code, when the member is away from the member's usual
place of residence.
(6) Chair.--The members of the advisory board shall select
1 member to serve as chair.
(e) Consultation.--The Center shall conduct the Program required
under this section in consultation with the Bureau of Alcohol, Tobacco,
and Firearms and the Department of Justice.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000 for fiscal year 1996, $2,500,000 for fiscal
year 1997, and $5,000,000 for each of fiscal years 1998, 1999, and 2000
for the purpose of carrying out this section.
(g) Report.--The Center shall prepare an annual report to Congress
on the Program's findings, the status of coordination with other
agencies, its progress, and problems encountered with options and
recommendations for their solution. The report for December 31, 1996,
shall contain options and recommendations for the Program's mission and
funding levels for the years 1996-2000, and beyond.
TITLE II--INCREASE IN EXCISE TAX ON CERTAIN BULLETS
SEC. 201. INCREASE IN TAX ON CERTAIN BULLETS.
(a) In General.--Section 4181 of the Internal Revenue Code of 1986
(relating to the imposition of tax on firearms, etc.) is amended by
adding at the end the following new flush sentence:
``In the case of 9 millimeter, .25 caliber, or .32 caliber ammunition,
the rate of tax under this section shall be 1,000 percent.''.
(b) Exemption for Law Enforcement Purposes.--Section 4182 of the
Internal Revenue Code of 1986 (relating to exemptions) is amended by
adding at the end the following new subsection:
``(d) Law Enforcement.--The last sentence of section 4181 shall not
apply to any sale (not otherwise exempted) to, or for the use of, the
United States (or any department, agency, or instrumentality thereof)
or a State or political subdivision thereof (or any department, agency,
or instrumentality thereof).''.
(c) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 1995.
TITLE III--USE OF AMMUNITION
SEC. 301. RECORDS OF DISPOSITION OF AMMUNITION.
(a) Amendment of Title 18, United States Code.--Section 923(g) of
title 18, United States Code, is amended--
(1) in paragraph (1)(A) by inserting after the second
sentence ``Each licensed importer and manufacturer of
ammunition shall maintain such records of importation,
production, shipment, sale, or other disposition of ammunition
at the licensee's place of business for such period and in such
form as the Secretary, in consultation with the Director of the
National Center for Injury Prevention and Control of the
Centers for Disease Control (for the purpose of ensuring that
the information that is collected is useful for the Bullet
Death and Injury Control Program), may by regulation prescribe.
Such records shall include the amount, caliber, and type of
ammunition.''; and
(2) by adding at the end thereof the following new
paragraph:
``(6) Each licensed importer or manufacturer of ammunition shall
annually prepare a summary report of imports, production, shipments,
sales, and other dispositions during the preceding year. The report
shall be prepared on a form specified by the Secretary, in consultation
with the Director of the National Center for Injury Prevention and
Control of the Centers for Disease Control (for the purpose of ensuring
that the information that is collected is useful for the Bullet Death
and Injury Control Program), shall include the amounts, calibers, and
types of ammunition that were disposed of, and shall be forwarded to
the office specified thereon not later than the close of business on
the date specified by the Secretary.''.
(b) Study of Criminal Use and Regulation of Ammunition.--The
Secretary of the Treasury shall request the Centers for Disease Control
to--
(1) prepare, in consultation with the Secretary, a study of
the criminal use and regulation of ammunition; and
(2) submit to Congress, not later than July 31, 1996, a
report with recommendations on the potential for preventing
crime by regulating or restricting the availability of
ammunition. | TABLE OF CONTENTS:
Title I: Bullet Death and Injury Control Program
Title II: Increase in Excise Tax on Certain Bullets
Title III: Use of Ammunition
Violent Crime Control Act of 1995 -
Title I: Bullet Death and Injury Control Program
- Establishes within the Centers for Disease Control's National Center for Injury Prevention and Control a Bullet Death and Injury Control Program. Directs the Center to conduct research into, and provide leadership and coordination for: (1) the understanding and promotion of knowledge about the epidemiologic basis for bullet-related death and injury within the United States; (2) developing technically sound approaches for controlling and eliminating bullet-related deaths and injuries; (3) building the capacity for implementing the options and for expanding the approaches to controlling death and disease from bullet-related trauma; and (4) educating the public about the nature and extent of bullet-related violence. Sets forth provisions regarding: (1) the functions of the Center; and (2) establishment of an independent advisory board to assist in setting the policies for and directing the Program.
Authorizes appropriations.
Title II: Increase in Excise Tax on Certain Bullets
- Amends the Internal Revenue Code to set the excise tax rate on .25 and .32 caliber and nine millimeter ammunition at 1,000 percent, with an exemption for law enforcement agencies.
Title III: Use of Ammunition
- Amends the Federal criminal code to require each licensed importer and manufacturer of ammunition to maintain records of and report annually on disposition of ammunition.
Directs the Secretary of the Treasury to prepare a study of the criminal use of, and regulation of, ammunition and to report to the Congress with recommendations on the potential for preventing crime by regulating or restricting the availability of ammunition. | {"src": "billsum_train", "title": "Violent Crime Control Act of 1995"} | 2,736 | 373 | 0.669315 | 2.126709 | 0.763748 | 4.698864 | 7.548295 | 0.914773 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aircraft Passenger Whole-Body
Imaging Limitations Act of 2009''.
SEC. 2. LIMITATIONS ON USE OF WHOLE-BODY IMAGING TECHNOLOGY FOR
AIRCRAFT PASSENGER SCREENING.
Section 44901 of title 49, United States Code, is amended by adding
at the end the following:
``(l) Limitations on Use of Whole-Body Imaging Technology for
Screening Passengers.--
``(1) In general.--The Assistant Secretary of Homeland
Security (Transportation Security Administration) shall ensure
that whole-body imaging technology is used for the screening of
passengers under this section only in accordance with this
subsection.
``(2) Prohibition on use for routine screening.--Whole-body
imaging technology may not be used as the sole or primary
method of screening a passenger under this section. Whole-body
imaging technology may not be used to screen a passenger under
this section unless another method of screening, such as metal
detection, demonstrates cause for preventing such passenger
from boarding an aircraft.
``(3) Provision of information.--A passenger for whom
screening by whole-body imaging technology is permissible under
paragraph (2) shall be provided information on the operation of
such technology, on the image generated by such technology, on
privacy policies relating to such technology, and on the right
to request a pat-down search under paragraph (4) prior to the
utilization of such technology with respect to such passenger.
``(4) Pat-down search option.--A passenger for whom
screening by whole-body imaging technology is permissible under
paragraph (2) shall be offered a pat-down search in lieu of
such screening.
``(5) Prohibition on use of images.--An image of a
passenger generated by whole-body imaging technology may not be
stored, transferred, shared, or copied in any form after the
boarding determination with respect to such passenger is made.
``(6) Report.--Not later than one year after the date of
enactment of this section, and annually thereafter, the
Assistant Secretary shall submit to Congress a report
containing information on the implementation of this
subsection, on the number of passengers for whom screening by
whole-body imaging technology was permissible under paragraph
(2) as a percentage of all screened passengers, on the number
of passengers who chose a pat-down search when presented the
offer under paragraph (4) as a percentage of all passengers
presented such offer, on privacy protection measures taken with
respect to whole-body imaging technology, on privacy violations
that occurred with respect to such technology, and on the
effectiveness of such technology.
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Pat-down search.--The term `pat-down search'
means a physical inspection of the body of an aircraft
passenger conducted in accordance with the
Transportation Security Administration's standard
operating procedure as described in the Transportation
Security Administration's official training manual.
``(B) Whole-body imaging technology.--The term
`whole-body imaging technology' means a device,
including a device using backscatter x-rays or
millimeter waves, used to detect objects carried on
individuals and that creates a visual image of the
individual's full body, showing the surface of the skin
and revealing objects that are on the body.''.
SEC. 3. PENALTY RELATING TO VIOLATION OF PROHIBITION ON IMAGE STORING.
(a) In General.--Chapter 93 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1925. Misuse of certain images relating to aircraft passenger
screening
``Whoever, being an officer or employee of the United States,
knowingly stores, transfers, shares, or copies an image in violation of
section 44901(l)(5) of title 49, United States Code, shall be fined
under this title or imprisoned not more than three years, or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 93 of title 18, United States Code, is amended by adding at the
end the following:
``1925. Misuse of certain images relating to aircraft passenger
screening.''.
SEC. 4. EFFECTIVE DATE.
Sections 2 and 3 of this Act shall take effect on the date that is
30 days after the date of enactment of this Act. | Aircraft Passenger Whole-Body Imaging Limitations Act of 2009 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration) (TSA) to ensure that whole-body imaging technology is used for the screening of passengers only in accordance with this Act.
Prohibits the use of whole-body imaging technology as the sole or primary method of screening aircraft passengers. Allows its use only if another method of screening, such as metal detection, demonstrates cause for preventing a passenger from boarding an aircraft.
Requires that passengers: (1) be provided information on the operation of such technology and specified related matters, including privacy policies and the right to request a pat-down search; and (2) be offered such a pat-down search in lieu of such screening.
Prohibits the storage, transfer, sharing, or copying in any form of an image of a passenger generated by whole-body imaging technology after a boarding determination is made.
Imposes criminal penalties upon any U.S. officer or employee who knowingly stores, transfers, shares, or copies whole-body screening images. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to establish limitations on the use of whole-body imaging technology for aircraft passenger screening, and for other purposes."} | 996 | 240 | 0.780712 | 2.255908 | 0.880743 | 4.449761 | 4.334928 | 0.899522 |
SECTION 1. CONVERSION OF PROPERTY AND FACILITIES AT CLOSED OR REALIGNED
MILITARY INSTALLATIONS INTO YOUTHFUL OFFENDER BOOT CAMPS.
(a) Bases Closed or Realigned Under 1990 Base Closure Law.--Section
2905 of the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by
adding at the end the following new subsection:
``(h) Priority for Conversion to Youthful Offender Boot Camps.--(1)
Notwithstanding subsection (b), before any action is taken with respect
to the disposal or transfer of any real property or facility located at
a military installation to be closed or realigned under this part, the
Secretary of Defense shall notify the State and each local government
in which the installation is located and other interested persons of
the suitability of the property or facility for conversion and use as a
youthful offender boot camp.
``(2) Subject to paragraphs (3), (4), and (5), the Secretary shall
transfer (without reimbursement) the property or facilities described
in the notification to the State, local government, or interested
person if the State, local government, or person certifies that the
property or facilities will be promptly converted to and used as a
youthful offender boot camp.
``(3) Any certification submitted under paragraph (2) must be
received by the Secretary not later than 180 days after the Secretary
provides the notification required by paragraph (1) and must include a
conversion and operating plan for the youthful offender boot camp. If
the Secretary receives more than one certification for a particular
property or facility, the Secretary shall submit the competing
conversion and operating plans to the Attorney General who shall be
responsible for selecting the recipient of the property or facility
based upon the quality and feasibility of the competing plans.
``(4) In the case of a certification submitted by a private person,
the Secretary shall submit the conversion and operating plan
accompanying the certification to the Attorney General for review. The
Secretary shall reject the certification and refuse to transfer the
property or facility concerned if--
``(A) the Attorney General determines on the basis of the
conversion and operating plan that the person will likely be
unable to successfully convert or operate the proposed youthful
offender boot camp; or
``(B) the State or any local government in which the
installation is located opposes the transfer.
``(5) Paragraph (2) shall not apply to require the transfer of any
real property or facility located at a military installation to be
closed or realigned under this part if the head of a military
department or other entity of the Department of Defense notifies the
Secretary that there is further and compelling national security need
for the property or facility.
``(6) As used in this subsection, the term `youthful offender boot
camp' means a correctional facility operated as a military-style boot
camp to provide discipline, treatment, and work for adjudicated
offenders who are between the ages of 14 and 25, inclusive.''.
(b) Bases Closed or Realigned Under 1988 Base Closure Law.--
Section 204 of the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is
amended by adding at the end the following new subsection:
``(g) Priority for Conversion to Youthful Offender Boot Camps.--(1)
Notwithstanding subsection (b), before any action is taken with respect
to the disposal or transfer of any real property or facility located at
a military installation to be closed or realigned under this title, the
Secretary of Defense shall notify the State and each local government
in which the installation is located and other interested persons of
the suitability of the property or facility for conversion and use as a
youthful offender boot camp
``(2) Subject to paragraphs (3), (4), and (5), the Secretary shall
transfer (without reimbursement) the property or facilities described
in the notification to the State, local government, or interested
person if the State, local government, or person certifies that the
property or facilities will be promptly converted to and used as a
youthful offender boot camp.
``(3) Any certification submitted under paragraph (2) must be
received by the Secretary not later than 180 days after the Secretary
provides the notification required by paragraph (1) and must include a
conversion and operating plan for the youthful offender boot camp. If
the Secretary receives more than one certification for a particular
property or facility, the Secretary shall submit the competing
conversion and operating plans to the Attorney General who shall be
responsible for selecting the recipient of the property or facility
based upon the quality and feasibility of the competing plans.
``(4) In the case of a certification submitted by a private person,
the Secretary shall submit the conversion and operating plan
accompanying the certification to the Attorney General for review. The
Secretary shall reject the certification and refuse to transfer the
property or facility concerned if--
``(A) the Attorney General determines on the basis of the
conversion and operating plan that the person will likely be
unable to successfully convert or operate the proposed youthful
offender boot camp; or
``(B) the State or any local government in which the
installation is located opposes the transfer.
``(5) Paragraph (2) shall not apply to require the transfer of any
real property or facility located at a military installation to be
closed or realigned under this title if the head of a military
department or other entity of the Department of Defense notifies the
Secretary that there is further and compelling national security need
for the property or facility.
``(6) As used in this subsection, the term `youthful offender boot
camp' means a correctional facility operated as a military-style boot
camp to provide discipline, treatment, and work for adjudicated
offenders who are between the ages of 14 and 25, inclusive.''.
(c) Model Youthful Offender Boot Camp.--
(1) Development.--The Secretary of Defense, in consultation
with the Federal Bureau of Prisons and State and local
correctional agencies, shall develop a model program intended
to incorporate military basic training and other military
instruction and disciplinary procedures into the design and
operation of youthful offender boot camps at the Federal,
State, and local levels.
(2) Definition.--For purposes of this subsection, the term
``youthful offender boot camp'' means a correctional facility
operated as a military-style boot camp to provide discipline,
treatment, and work for adjudicated non-violent offenders who
are between the ages of 14 and 25, inclusive.
SEC. 2. GRANTS FOR BOOT CAMPS.
Subsection (a) of section 516 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3762b) is amended--
(1) by striking ``80'' and inserting ``40''; and
(2) by striking ``10'' the second place it appears and
inserting ``50''. | Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary of Defense, before any action is taken with respect to the disposal or transfer of real property at a military facility being closed or realigned, to notify the State and each local government in which the facility is located, as well as other interested persons, of the suitability of the property or facility for conversion and use as a youthful offender boot camp. Requires the Secretary to transfer the property to a State, local government, or interested party that certifies that the property or facilities will be promptly converted and used for such purpose.
Provides certification procedures to be followed by the Attorney General in the case of a certification submitted by a private person. Prohibits any transfer of property under this Act when the head of a military department or other Department of Defense entity notifies the Secretary that there is a further and compelling national security need for the property or facility.
Directs the Secretary to develop a model program intended to incorporate military basic training, instruction, and disciplinary procedures into the design and operation of youthful offender boot camps at the Federal, State, and local levels.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reallocate between public agencies and private nonprofit organizations the percentage of grant funds authorized under such Act for correctional options that provide alternatives to traditional modes of incarceration and offender release programs. | {"src": "billsum_train", "title": "To establish a priority in the disposal of real property resulting from the closure or realignment of military installations toward States and other entities that agree to convert the property into correctional facilities for youthful offenders to be operated as military-style boot camps and to require the Secretary of Defense to develop a program to promote the expanded use of such correctional facilities."} | 1,525 | 320 | 0.689841 | 2.279464 | 0.808283 | 4.505415 | 5.234657 | 0.902527 |
SECTION 1. CONSOLIDATION OF LIFE INSURANCE COMPANIES WITH OTHER
COMPANIES PERMITTED.
(a) In General.--Section 1504(b) of the Internal Revenue Code of
1986 (defining includible corporation) is amended by striking paragraph
(2) and by redesignating paragraphs (3) through (8) as paragraphs (2)
through (7), respectively.
(b) Conforming Amendments.--
(1) Section 1503 of the Internal Revenue Code of 1986 is
amended by striking subsection (c) (relating to special rule
for application of certain losses against income of insurance
companies taxed under section 801) and by redesignating
subsections (d), (e), and (f) as subsections (b), (c), and (d),
respectively.
(2) Section 1504 of such Code is amended by striking
subsection (c) and by redesignating subsections (d), (e), and
(f) as subsections (c), (d), and (e), respectively.
(3) Section 243(b)(2)(A) of such Code is amended by
striking ``sections 1504(b)(2), 1504(b)(4), and 1504(c)'' and
inserting ``section 1504(b)(3)''.
(4) Section 805(a)(4)(E) of such Code is amended by
striking ``1504(b)(3)'' and inserting ``1504(b)(2)''.
(5) Section 818(e)(1) of such Code is amended to read as
follows:
``(1) Items of companies other than insurance companies.--
If an affiliated group includes members which are and which are
not life insurance companies, all items of the members of such
group which are not life insurance companies shall not be taken
into account in determining the amount of the tentative LICTI
of members of such group which are life insurance companies.''.
(6) Section 832(b)(5)(D)(ii)(II) of such Code is amended by
striking ``1504(b)(3)'' and inserting ``1504(b)(2)''.
(7) Section 864(e)(5)(A) of such Code is amended by
striking ``paragraph (4)'' and inserting ``paragraph (3)''.
(8) Section 936(i)(5)(A) of such Code is amended by
striking ``section 1504(b)(3) or (4)'' and inserting ``section
1504(b)(2) or (3)''.
(9) Section 952(c)(1)(B)(vii)(II) of such Code is amended
by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''.
(10) Section 953(d)(3) of such Code is amended by striking
``1503(d)'' and inserting ``1503(c)''.
(11) Section 954(h)(4)(F)(ii) of such Code is amended by
striking ``1504(b)(3)'' and inserting ``1504(b)(2)''.
(12) Section 6166(b)(10)(B)(ii)(V) of such Code is amended
by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 2. PHASE-IN OF APPLICATION OF CERTAIN LOSSES AGAINST INCOME OF
INSURANCE COMPANIES.
(a) Phase-in.--
(1) In general.--For taxable years beginning after December
31, 2003, and before January 1, 2010, if--
(A) an affiliated group includes 1 or more domestic
insurance companies subject to tax under section 801 of
the Internal Revenue Code of 1986,
(B) the common parent of such group has not elected
under subsection (b) to treat all such insurance
companies as corporations which are not includible
corporations, and
(C) the consolidated taxable income of the members
of the group not taxed under such section 801 results
in a consolidated net operating loss for such taxable
year,
then, under regulations prescribed by the Secretary of the
Treasury or his delegate, the amount of such loss which cannot
be absorbed in the applicable carryback periods against the
taxable income of such members not taxed under such section 801
shall be taken into account in determining the consolidated
taxable income of the affiliated group for such taxable year to
the extent of the applicable percentage of such loss or the
applicable percentage of the taxable income of the members
taxed under such section 801, whichever is less. The unused
portion of such loss shall be available as a carryover, subject
to the same limitations (applicable to the sum of the loss for
the carryover year and the loss (or losses) carried over to
such year), in applicable carryover years.
(2) Applicable percentage.--For purposes of paragraph (1),
the applicable percentage shall be determined in accordance
with the following table:
The applicable
For taxable years beginning in: percentage is:
2004................................................... 40
2005................................................... 50
2006................................................... 60
2007................................................... 70
2008................................................... 80
2009................................................... 90.
(b) Election for Pre-2010 Years of Groups With Insurance
Companies.--For taxable years beginning after December 31, 2003, and
before January 1, 2010, the common parent of an affiliated group
(determined without regard to section 1504(b)(2) of the Internal
Revenue Code of 1986 as in effect on the day before the date of
enactment of this Act) which includes 1 or more domestic insurance
companies subject to tax under section 801 of such Code may elect to
treat all such insurance companies as corporations which are not
includible corporations within the meaning of subsection (b) of section
1504 of such Code, if, as of the date of enactment of this section--
(1) such affiliated group included 1 or more insurance
companies subject to tax under section 801 of such Code, and
(2) no additional election was in effect under section
1504(c)(2) of such Code (as in effect on the day before the
date of the enactment of this Act).
(c) No Carryback Before January 1, 2004.--To the extent that a
consolidated net operating loss is allowed or increased by reason of
this section or the amendments made by this Act, such loss may not be
carried back to a taxable year beginning before January 1, 2004.
(d) Nontermination of Group.--No affiliated group shall terminate
solely as a result of this section or the amendments made by this Act.
(e) Subsidiary Stock Basis Adjustments.--A member corporation's
basis in the stock of a subsidiary corporation shall be adjusted upon
consolidation to reflect the preconsolidation income, gain, deduction,
loss, distributions, and other relevant amounts during a period when
such corporations were members of an affiliated group (determined
without regard to section 1504(b)(2) of the Internal Revenue Code of
1986 as in effect on the day before the date of enactment of this Act)
but were not included in a consolidated return of such group by
operation of section 1504(c)(2)(A) of such Code (as in effect on the
day before the date of the enactment of this Act) or by reason of the
election allowed under subsection (b).
(f) Waiver of 5-Year Waiting Period.--An automatic waiver from the
5-year waiting period for reconsolidation provided in section
1504(a)(3) of the Internal Revenue Code of 1986 shall be granted to any
corporation which was previously an includible corporation but was
subsequently deemed a nonincludible corporation as a result of becoming
a subsidiary of a corporation which was not an includible corporation
solely by operation of section 1504(c)(2) of such Code (as in effect on
the day before the date of enactment of this Act), subject to such
conditions as the Secretary may prescribe. | Amends the Internal Revenue Code to include life insurance companies as an "includible corporation" for purposes of filing consolidated tax returns.Permits an affiliated group which includes at least one domestic insurance company that elects to file a consolidated return rather than pay tax under certain life insurance provisions to use a phased-in percentage of insurance company net operating loss in determining its own taxable income. (Permits unused loss carryover.) Provides for: (1) subsidiary stock basis adjustment; and (2) waiver of the five-year reconsolidation waiting period for certain formerly includible corporations which became nonincludible as a result of becoming a subsidiary of a nonincludible life insurance company. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to permit the consolidation of life insurance companies with other companies."} | 1,781 | 158 | 0.48676 | 1.44523 | 0.74816 | 1.712 | 12.112 | 0.768 |
290, 106th Congress), then there is hereby
appropriated into the account on the later of the date of enactment of
this Act or the date upon which the Congressional Budget Office submits
such report, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2000, an amount
equal to that excess. The funds appropriated to this account shall
remain available until expended.
``(d) The appropriation made under subsection (c) shall not be
considered direct spending for purposes of section 252 of Balanced
Budget and Emergency Deficit Control Act of 1985.
``(e) Establishment of and appropriations to the account shall not
affect trust fund transfers that may be authorized under any other
provision of law.
``(f) The Secretary of the Treasury and the Director of the Office
of Management and Budget shall each take such actions as may be
necessary to promptly carry out this section in accordance with sound
debt management policies.
``(g) Reducing the debt pursuant to this section shall not
interfere with the debt management policies or goals of the Secretary
of the Treasury.''.
(b) Conforming Amendment.--The chapter analysis for chapter 31 of
title 31, United States Code, is amended by inserting after the item
relating to section 3113 the following:
``3114. Public debt reduction payment account.''.
SEC. 4. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT.
Section 3101(b) of title 31, United States Code, is amended by
inserting ``minus the amount appropriated into the Public Debt
Reduction Payment Account pursuant to section 3114(c)'' after
``$5,950,000,000,000''.
SEC. 5. OFF-BUDGET STATUS OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.
Notwithstanding any other provision of law, the receipts and
disbursements of the Public Debt Reduction Payment Account established
by section 3114 of title 31, United States Code, shall not be counted
as new budget authority, outlays, receipts, or deficit or surplus for
purposes of--
(1) the budget of the United States Government as submitted
by the President;
(2) the congressional budget; or
(3) the Balanced Budget and Emergency Deficit Control Act
of 1985.
SEC. 6. REMOVING PUBLIC DEBT REDUCTION PAYMENT ACCOUNT FROM BUDGET
PRONOUNCEMENTS.
(a) In General.--Any official statement issued by the Office of
Management and Budget, the Congressional Budget Office, or any other
agency or instrumentality of the Federal Government of surplus or
deficit totals of the budget of the United States Government as
submitted by the President or of the surplus or deficit totals of the
congressional budget, and any description of, or reference to, such
totals in any official publication or material issued by either of such
Offices or any other such agency or instrumentality, shall exclude the
outlays and receipts of the Public Debt Reduction Payment Account
established by section 3114 of title 31, United States Code.
(b) Separate Public Debt Reduction Payment Account Budget
Documents.--The excluded outlays and receipts of the Public Debt
Reduction Payment Account established by section 3114 of title 31,
United States Code, shall be submitted in separate budget documents.
SEC. 7. REPORTS TO CONGRESS.
(a) Reports of the Secretary of the Treasury.--(1) Within 30 days
after the appropriation is deposited into the Public Debt Reduction
Payment Account under section 3114 of title 31, United States Code, the
Secretary of the Treasury shall submit a report to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate confirming that such account has been established
and the amount and date of such deposit. Such report shall also include
a description of the Secretary's plan for using such money to reduce
debt held by the public.
(2) Not later than October 31, 2000, and October 31, 2001, the
Secretary of the Treasury shall submit a report to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate setting forth the amount of money deposited into
the Public Debt Reduction Payment Account, the amount of debt held by
the public that was reduced, and a description of the actual debt
instruments that were redeemed with such money.
(b) Report of the Comptroller General of the United States.--Not
later than November 15, 2001, the Comptroller General of the United
States shall submit a report to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
verifying all of the information set forth in the reports submitted
under subsection (a).
Passed the House of Representatives June 20, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
By Martha C. Morrison,
Deputy Clerk. | Provides that if the Congressional Budget Office estimates an on-budget surplus for FY 2000 in a report submitted to the congressional budget committees pursuant to the Congressional Budget Act of 1974 that exceeds the amount of the surplus for such fiscal year set forth in the concurrent resolution on the budget for FY 2001 (H. Con. Res. 290, 106th Congress), then an amount equal to that excess is appropriated into the Account for FY 2000. Prohibits such appropriation from being considered as direct spending for purposes of pay-as-you-go provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).Reduces the public debt limit by the amount appropriated into the Account.Bars Account receipts and disbursements from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of : (1) the Federal budget as submitted by the President; (2) the congressional budget; or (3) the Gramm-Rudman-Hollings Act.Requires the Secretary to report to specified congressional committees on the Account. | {"src": "billsum_train", "title": "Debt Reduction Reconciliation Act of 2000"} | 1,067 | 249 | 0.604401 | 1.601442 | 0.914474 | 3.315271 | 4.768473 | 0.842365 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Consideration of Cuts,
Consolidations, and Savings Act of 2015''.
SEC. 2. EXPEDITED CONSIDERATION OF CUTS, CONSOLIDATIONS, AND SAVINGS
PREPARED BY THE OFFICE OF MANAGEMENT AND BUDGET.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended--
(1) by redesignating sections 1013 through 1017 as sections
1014 through 1018, respectively; and
(2) by inserting after section 1012 the following:
``SEC. 1013. CUTS, CONSOLIDATIONS, AND SAVINGS REPORT PREPARED BY THE
OFFICE OF MANAGEMENT AND BUDGET.
``(a) Definitions.--In this section--
``(1) the term `continuous session' relating to a House
does not include a period during which that House has adjourned
sine die or during which that House is not in session because
of an adjournment of more than 3 days to a date certain; and
``(2) the term `covered bill' means a bill or joint
resolution--
``(A) transmitted under subsection (b)(2); and
``(B) introduced under subsection (c).
``(b) Special Message.--
``(1) In general.--Not later than 120 days after the
publication of any Cuts, Consolidations, and Savings report
prepared by the Office of Management and Budget, or any
successor thereto, the President may transmit to Congress a
special message to carry out all or part of the recommendations
contained in the report.
``(2) Proposed legislation.--With a special message
transmitted under paragraph (1), the President shall include a
draft bill or joint resolution that would carry out the
recommendations of the President.
``(c) Introduction.--
``(1) In general.--The majority leader or the minority
leader of the Senate and the majority leader or the minority
leader of the House of Representatives shall introduce (by
request) a bill or joint resolution transmitted to Congress
under subsection (b)(2) not later than the end of the second
day of continuous session of the Senate or the House of
Representatives, respectively, after the date on which the
President transmits the bill or joint resolution.
``(2) By other members.--On and after the third day of
continuous session of the Senate or the House of
Representatives after the date on which a bill or joint
resolution is transmitted to Congress under subsection (b)(2),
and if the bill or joint resolution has not been introduced
under paragraph (1) in that House, it shall be in order for a
Member of the Senate or the House of Representatives to
introduce the bill or joint resolution.
``(d) Referral.--
``(1) In general.--In the Senate and the House of
Representatives, a covered bill shall be referred to the
committee or committees of the House with subject matter
jurisdiction over that measure.
``(2) Reporting.--A committee to which a covered bill is
referred--
``(A) shall report the covered bill without
substantive revision;
``(B) may report the covered bill with or without
recommendation; and
``(C) shall report the covered bill not later than
the seventh day of continuous session of that House
after the date of receipt of the special message that
the covered bill accompanied.
``(3) Discharge.--If a committee fails to report a covered
bill within the period specified in paragraph (2)(C), the
committee shall be discharged from further consideration of the
covered bill and the covered bill shall be referred to the
appropriate calendar of the House.
``(e) Expedited Consideration in the House of Representatives.--
``(1) Proceeding to consideration.--
``(A) In general.--After each committee authorized
to consider a covered bill reports it to the House of
Representatives or has been discharged from its
consideration, it shall be in order to move to proceed
to consider the covered bill in the House of
Representatives.
``(B) Motion.--For a motion to proceed to a covered
bill--
``(i) the motion shall be highly privileged
and shall not be debatable;
``(ii) all points of order against the
motion are waived;
``(iii) the previous question shall be
considered as ordered on the motion to its
adoption without intervening motion;
``(iv) an amendment to the motion shall not
be in order; and
``(v) it shall not be in order to move to
reconsider the vote by which the motion is
agreed to or disagreed to.
``(2) Consideration.--If the House of Representatives
proceeds to consideration of a covered bill--
``(A) the covered bill shall be considered as read;
``(B) all points of order against the covered bill
and against its consideration are waived;
``(C) the previous question shall be considered as
ordered on the covered bill to its passage without
intervening motion except 4 hours of debate equally
divided and controlled by the proponent and an
opponent;
``(D) a motion further to limit debate is in order
and shall not be debatable;
``(E) no amendment to the covered bill shall be in
order; and
``(F) it shall not be in order to move to recommit
the covered bill or to move to reconsider the vote by
which the covered bill is agreed to or disagreed to.
``(3) Vote on passage.--The vote on passage of a covered
bill shall occur--
``(A) immediately following the conclusion of the
debate on the covered bill; and
``(B) not later than the tenth day of continuous
session of the House of Representatives after the date
on which the covered bill is introduced.
``(4) Rules.--
``(A) Appeals.--Appeals from decisions of the Chair
relating to the application of the rules of the House
of Representatives to the procedure relating to a
covered bill shall be decided without debate.
``(B) Other rules relating to consideration.--
Except to the extent specifically provided in this
subsection, consideration of a covered bill shall be
governed by the Rules of the House of Representatives.
``(f) Expedited Consideration in the Senate.--
``(1) Proceeding to consideration.--
``(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order at any
time after each committee authorized to consider a
covered bill reports it to the Senate or has been
discharged from its consideration to move to proceed to
the consideration of the covered bill.
``(B) Motion.--For a motion to proceed to a covered
bill--
``(i) all points of order against the
covered bill (and against consideration of the
covered bill) are waived;
``(ii) the motion is not debatable;
``(iii) the motion is not subject to a
motion to postpone;
``(iv) a motion to reconsider the vote by
which the motion is agreed to or disagreed to
shall not be in order;
``(v) an amendment to the motion shall not
be in order; and
``(vi) if the motion is agreed to, the
covered bill shall remain the unfinished
business until disposed of.
``(2) Consideration.--If the Senate proceeds to
consideration of a covered bill--
``(A) consideration of the covered bill, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall
be divided equally between the majority and minority
leaders or their designees;
``(B) a motion further to limit debate is in order
and not debatable;
``(C) an amendment to, a motion to postpone, or a
motion to recommit the covered bill is not in order;
``(D) a motion to proceed to the consideration of
other business is not in order;
``(E) debate on any debatable motion or appeal in
connection with a covered 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 covered
bill, except that in the event the manager of the
covered bill is in favor of any such motion or appeal,
the time in opposition thereto, shall be controlled by
the minority leader or a designee; and
``(F) it shall not be in order to move to
reconsider the vote by which the covered bill is agreed
to or disagreed to.
``(3) Vote on passage.--The vote on passage of a covered
bill shall occur--
``(A) immediately following the conclusion of the
debate on the covered bill, and a single quorum call at
the conclusion of the debate if requested in accordance
with the rules of the Senate; and
``(B) not later than the tenth day of continuous
session of the Senate after the date on which the
covered bill is introduced.
``(4) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate to the procedure relating to a covered bill shall
be decided without debate.
``(g) Rules Relating to Senate and House of Representatives.--
``(1) Coordination with action by other house.--If, before
the passage by one House of a covered bill of that House, that
House receives from the other House a covered bill--
``(A) the covered bill of the other House shall not
be referred to a committee; and
``(B) with respect to the covered bill of the House
receiving the resolution--
``(i) the procedure in that House shall be
the same as if no covered bill had been
received from the other House; and
``(ii) the vote on passage shall be on the
covered bill of the other House.
``(2) Engrossing.--If a covered bill is agreed to by the
Senate or the House of Representatives, the Secretary of the
Senate or the Clerk of the House of Representatives,
respectively, shall cause the covered bill to be engrossed,
certified, and transmitted to the other House of Congress on
the same calendar day on which the covered bill is agreed to.
``(h) Suspension of Procedures.--In the Senate and the House of
Representatives--
``(1) a motion to suspend the application of this section
shall not be in order; and
``(2) it shall not be in order to suspend the application
of this section by unanimous consent.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) in subsection (a), by striking ``and 1017'' and
inserting ``1013, and 1018''; and
(2) in subsection (d), by striking ``section 101'' and
inserting ``sections 1013 and 1018''.
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by subsection (a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012, 1013, or 1014'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1),
by striking ``1012 and 1013'' and inserting
``1012, 1013, and 1014'';
(ii) in paragraph (1), by striking ``1012''
and inserting ``1012 or 1013''; and
(iii) in paragraph (2), by striking
``1013'' and inserting ``1014''; and
(C) in subsection (e)(1)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) in subparagraph (C) (as so
redesignated), by striking ``1013'' and
inserting ``1014''; and
(iv) by inserting after subparagraph (A)
the following:
``(B) he has transmitted a special message under
section 1013 with respect to a Cuts, Consolidations,
and Savings report; and''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed
rescissions.''.
SEC. 3. TERMINATION.
The authority provided by section 1013 of the Congressional Budget
and Impoundment Control Act of 1974 (as added by section 2) shall
terminate effective on the date of the sine die adjournment of Congress
during 2018. | Expedited Consideration of Cuts, Consolidations, and Savings Act of 2015 This bill amends the Congressional Budget and Impoundment Control Act of 1974 to establish expedited procedures for congressional consideration of legislation to carry out recommendations included in the Office of Management and Budget's annual Cuts, Consolidations, and Savings report. The report lists proposals included in the President's budget to cut, consolidate, or otherwise produce savings from mandatory and discretionary spending programs. The authority provided by this bill terminates on the date of the sine die adjournment of Congress during 2018. | {"src": "billsum_train", "title": "Expedited Consideration of Cuts, Consolidations, and Savings Act of 2015"} | 3,096 | 126 | 0.55362 | 1.319454 | 0.644045 | 3.696078 | 27.598039 | 0.794118 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Encourage Initiative and Promote
Self-Esteem Act of 2008''.
SEC. 2. AMENDMENTS TO TITLE II OF THE SOCIAL SECURITY ACT.
(a) In General.--Section 222 of the Social Security Act (42 U.S.C.
422) is amended by adding at the end the following new subsection:
``Special Rules for Benefits Based on Waxing and Waning Medical
Condition
``(f)(1) In the case of any qualifying disabled individual--
``(A) the termination month for purposes of section
223(a)(1) or subsection (d)(1)(G), (e)(1), or (f)(1) of section
202 shall be, in lieu of the termination month otherwise
described therein, the third month following the end of the
individual's special entitlement period,
``(B) the extent to which benefits of the individual under
section 223 or subsection (d), (e), or (f) of section 202 are
payable for any month during the individual's special
entitlement period shall be determined without regard to
whether the individual engages in substantial gainful activity,
``(C) the amount of the individual's monthly insurance
benefit payable for any month during the special entitlement
period shall not exceed the maximum benefit payment for the
month determined under paragraph (4), and
``(D) the Commissioner shall not undertake a review of such
individual's disability during any month following a month in
which such individual performs services from which such
individual earns the greater of $350 or the dollar amount
derived for the month for purposes of this subparagraph under
paragraph (6).
``(2) For purposes of paragraph (1), the term `qualifying disabled
individual' means an individual--
``(A) who is entitled to disability insurance benefits
under section 223, child's insurance benefits under section
202(d) based on the individual's disability, or widow's or
widower's insurance benefits under subsection (e) or (f) of
section 202 based on the individual's disability, and
``(B) whose disability is based (in whole or in part) on a
waxing and waning medical condition.
``(3) For purposes of paragraph (1), the special entitlement period
of an individual under this subsection--
``(A) begins with the month in which the individual becomes
entitled to benefits described in paragraph (2)(A), and
``(B) ends with any month during which the Commissioner
determines that the impairment on the basis of which such
benefits are provided has ceased, does not exist, or is not
disabling.
``(4) The amount of a qualifying disabled individual's benefit
described in paragraph (2) which is payable for any month under this
title commencing with or after such individual's 7th month of
entitlement shall not exceed the amount of such benefit otherwise
payable under this title, reduced (to not less than zero), by \2/3\ of
the individual's excess trial earnings amount for such month.
``(5) For purposes of this paragraph--
``(A) The term `waxing and waning medical condition' means,
in connection with an individual, any medical condition which,
prior to the first month of entitlement of the individual, has
been certified to the Commissioner by a qualified physician as
a condition which, in the case of such individual, may
reasonably be expected to involve, in the absence of recovery,
periods for which the individual will be able to engage in
substantial gainful activity interspersed among periods for
which the individual will not, by reason of a lack of adequate
and reasonably available assistive technology, be able to
engage in substantial gainful activity.
``(B) The term `excess trial earnings' of an individual for
any month means the excess (if any) of--
``(i) the average amount earned by such individual
from services performed each month during the most
recent test period commencing with or after the first
month of the such individual's special entitlement
period, over
``(ii) the trial earnings threshold for such month.
``(C) The term `test period' in connection with any month
means the period of the first 3 calendar months of the period
of 6 calendar months immediately preceding such month.
``(D) The term `trial earnings threshold' for a month means
the greater of $670 or the product derived for the month for
purposes of this subparagraph under paragraph (6).
``(6) The product derived under this paragraph for any month for
purposes of subparagraph (D) of paragraph (1) or subparagraph (D) of
paragraph (5) is the product derived by multiplying the dollar amount
specified in such subparagraph by the ratio of--
``(A) the national average wage index (as defined in
section 209(k)(1)) for the first of the 2 preceding calendar
years, to
``(B) the national average wage index (as so defined) for
calendar year 2006.
Any such product which is not a multiple of $10 shall be rounded to the
next higher multiple of $10 where such product is a multiple of $5 but
not of $10 and to the nearest multiple of $10 in any other case. The
Secretary shall determine and publish the trial earnings threshold for
each month in November of the preceding calendar year.''.
(b) Conforming Amendments.--
(1) Termination month.--
(A) Section 223(a)(1) of such Act (42 U.S.C.
423(a)(1)) is amended by inserting, after the first
full sentence beginning in the matter following
subparagraph (E), the following new sentence: ``The
termination month of a qualifying disabled individual
(as defined in section 222(f)(2)) shall be determined
under section 222(f)(1)(A).''.
(B) Section 202(d)(1)(G)(i) of such Act (42 U.S.C.
402(d)(1)(G)(i)) is amended by striking ``activity)''
and inserting ``activity, and, in the case of a
qualifying disabled individual (as defined in section
222(f)(2)), the termination month shall be the month
determined under section 222(f)(1)(A))''.
(C) Section 202(e)(1) of such Act (42 U.S.C.
402(e)(1)) is amended by inserting, after the first
full sentence beginning in the matter following
subparagraph (F)(ii), the following new sentence: ``The
termination month of a qualifying disabled individual
(as defined in section 222(f)(2)) shall be determined
under section 222(f)(1)(A).''.
(D) Section 202(f)(1) of such Act (42 U.S.C.
402(f)(1)) is amended by inserting, after the first
full sentence beginning in the matter following
subparagraph (F)(ii), the following new sentence: ``The
termination month of a qualifying disabled individual
(as defined in section 222(f)(2)) shall be determined
under section 222(f)(1)(A).''.
(2) Conforming amendment to current rules regarding
substantial gainful activity by other individuals during
extended periods of eligibility.--Section 223(e)(1) of such Act
(42 U.S.C. 423(e)(1)) is amended by striking ``No benefit'' and
inserting ``In the case of an individual other than a
qualifying disabled individual (as defined in section
222(f)(2)), no benefit'', and by striking ``to an individual''
and inserting ``to such individual''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to individuals who are entitled to disability
insurance benefits under section 223 of the Social Security Act,
child's insurance benefits under section 202(d) of such Act (based on
the individual's disability), or wife's or husband's insurance benefits
under subsection (b) or (c) of section 202 of such Act (based on the
individual's disability) on or after the date of the enactment of this
Act and whose trial work period in connection with such entitlement has
not terminated as of such date.
SEC. 3. AMENDMENT TO TITLE XVI OF THE SOCIAL SECURITY ACT.
(a) In General.--Section 1611 of the Social Security Act (42 U.S.C.
1382) is amended by adding at the end the following new subsection:
``Special Rules for Disability Benefit Based on Waxing and Waning
Medical Condition
``(j)(1) In the case of any qualifying disabled individual--
``(A) the extent to which a benefit under this title by
reason of disability is payable with respect to the individual
during the special entitlement period of the individual shall
be determined without regard to whether the individual is able
to engage in substantial gainful activity;
``(B) the amount of the benefit payable for any month
during the special entitlement period shall not exceed the
maximum benefit payable with respect to the individual for the
month, as determined under paragraph (4); and
``(C) the Commissioner shall not undertake a review of the
individual's disability during any month following a month in
which such individual performs services from which the
individual earns the greater of $350 or the dollar amount
derived for the month for purposes of section 222(f)(1)(D)
under section 222(f)(6).
``(2) For purposes of paragraph (1), the term `qualifying disabled
individual' means an individual who is an eligible individual for
purposes of this title by reason of disability, and whose disability is
based (in whole or in part) on a waxing and waning medical condition.
``(3) For purposes of paragraph (1), the special entitlement period
of an individual--
``(A) begins with the month in which the individual becomes
entitled to benefits under this title by reason of disability;
and
``(B) ends with any month during which the Commissioner
determines that the impairment on the basis of which such
benefits are provided has ceased, does not exist, or is not
disabling.
``(4) The amount of the benefit of a qualifying disabled individual
which is payable for any month under this title commencing with or
after the 7th month for which the individual is eligible for benefits
under this title by reason of such disability shall not exceed the
amount of the benefit otherwise payable under this title, reduced (to
not less than zero) by \2/3\ of the individual's excess trial earnings
amount for the month.
``(5) For purposes of this subsection:
``(A) The term `waxing and waning medical condition' means,
in connection with an individual, any medical condition which,
prior to the first month of eligibility of the individual for
benefits under this title by reason of disability, has been
certified to the Commissioner by a qualified physician as a
condition which, in the case of such individual, may reasonably
be expected to involve, in the absence of recovery, periods for
which the individual will be able to engage in substantial
gainful activity interspersed among periods for which the
individual will not, by reason of a lack of adequate and
reasonably available assistive technology, be able to engage in
substantial gainful activity.
``(B) The term `excess trial earnings' of an individual for
any month has the meaning given the term in section
222(f)(5)(B).
``(C) The term `test period' in connection with any month
has the meaning given the term in section 222(f)(5)(C).
``(D) The term `trial earnings threshold' for a month has
the meaning given the term in section 222(f)(5)(D).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to benefits payable for months beginning after the date of the
enactment of this Act. | Encourage Initiative and Promote Self-Esteem Act of 2008 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) of the Social Security Act to establish special rules for benefits based on waxing and waning medical conditions in qualified disabled individuals. | {"src": "billsum_train", "title": "To amend titles II and XVI of the Social Security Act to provide for equitable treatment of disability beneficiaries with waxing and waning medical conditions by establishing, through the implementation of a sliding scale of benefits based on income, a system under which higher incomes result in lower benefits and lower incomes result in higher benefits, and work is incentivized by allowing greater total monthly income when working than could be provided by work or benefits alone."} | 2,652 | 78 | 0.466856 | 1.166842 | 0.969949 | 3.464286 | 43.160714 | 0.821429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Produce the Note Act of 2009''.
SEC. 2. REQUIRED INFORMATION AND NOTICE.
Notwithstanding any other provision of State or Federal law, no
foreclosure, whether judicial or nonjudicial, may be commenced with
respect to a covered residential mortgage unless the person commencing
the foreclosure complies with all of the following requirements:
(1) Submission of information.--The person commencing the
foreclosure shall submit to the court, in the case of a
judicial foreclosure, or to the office of the State or other
subdivision of the State to which notice of default,
foreclosure, or sale of the foreclosed property is required
under State law to be submitted, in the case of a nonjudicial
foreclosure, a report prepared by an independent party that
includes the following information:
(A) A statement of findings as to whether the
covered residential mortgage was made and serviced in
compliance with the terms of, and regulations under,
the following laws:
(i) The Truth in Lending Act (15 U.S.C.
1601) and Regulation Z of the Board of
Governors of the Federal Reserve System under
such Act.
(ii) The Equal Credit Opportunity Act (15
U.S.C. 1691 et seq.) and Regulation B of the
Board of Governors of the Federal Reserve
System under such Act.
(iii) The Fair Debt Collection Practices
Act (15 U.S.C. 1692 et seq.).
(iv) The Federal Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.).
(v) The Real Estate Settlement Procedures
Act of 1974 (12 U.S.C. 2601 et seq.) and
Regulation X of the Secretary of Housing and
Urban Development under such Act.
(vi) The Flood Disaster Protection Act of
1973 (42 U.S.C. 2002 et seq.).
(vii) The Fair Housing Act (42 U.S.C. 3601
et seq.).
(viii) The Home Mortgage Disclosure Act of
1975 (12 U.S.C. 2801 et seq.).
(ix) The Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (Public
Law 101-73).
(x) Any applicable provisions of State and
local law relating to real estate lending or
consumer protection.
(B) Certification of any mortgage modification
efforts that were employed and any offers made to the
mortgagor by the person commencing the foreclosure.
(C) If any noncompliance is found pursuant to
subparagraph (A), a statement as to whether the
violations are such that the mortgagor should be
afforded an extended right, beyond the period permitted
under State law--
(i) to rescind the mortgage in defense of
the foreclosure; or
(ii) to redeem the mortgage.
(D) Identification of--
(i) the actual holder of the mortgage note,
the originating lender for the mortgage and all
subsequent assignees, and other all parties who
have an interest in the real estate that is
subject to the mortgage or in the mortgage or
the proceeds of the mortgage; and
(ii) any parties identified pursuant to
clause (i) that received any assistance
pursuant to title I of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5211 et
seq.) and the amount of any such assistance
received.
(E) A statement of whether a bona fide default on
the covered mortgage has occurred.
(F) A description of any hardship circumstances
regarding the economic circumstances of the mortgagor
that would be relevant to a determination by the
mortgagee of whether to modify the mortgage.
(G) A statement of whether the mortgage is insured
under title II of the National Housing Act (12 U.S.C.
1707 et seq.).
(H) A statement of whether the mortgage is, or any
terms of the mortgage are, unfair or constitute an
unfair or deceptive act or practice violating the
Federal Trade Commission Act (15 U.S.C. 41 et seq.),
and if so, a description of the unfairness or the
unfair or deceptive act or practice.
(I) A statement of whether any material
misrepresentations were made that fraudulently induced
the mortgagor to enter into the transaction to his or
her detriment, and if so, a description of such
misrepresentation.
(J) Identification of any offsets to the creditor
claim on the mortgage.
(K) A statement of the racial characteristics,
gender, census tract, and income level of the
mortgagor, as such terms are used for purposes of
compliance with the Home Mortgage Disclosure Act of
1975 (12 U.S.C. 2801 et seq.).
(2) Required notification.--The person commencing the
foreclosure shall provide notice to the mortgagor, in writing,
not less than 5 days before any action is taken to commence the
proceeding or action for foreclosure, and shall certify to the
court, in the case of a judicial foreclosure, or to the office
of the State or other subdivision of the State to which notice
of default, foreclosure, or sale of the foreclosed property is
required under State law to be submitted in the case of a
nonjudicial foreclosure, that such notice has been provided,
that includes the following information:
(A) A statement of any rights of the mortgagor
under the applicable laws governing the foreclosure and
consumer rights.
(B) A statement of any deadlines for filing
answers, defenses, or objections to the foreclosure,
including those rights of the mortgagor under the Real
Estate Settlement Procedures Act of 1974 and any
applicable State laws.
(C) A statement of any penalties and other
consequences for the mortgagor if the mortgagor does
not respond or file answers to the foreclosure.
(D) A statement of the amounts claimed to be in
arrears under the mortgage and needed to reinstate the
account and all associated costs and fees, set forth in
itemized and distinct categories, and current and
correct contact information, including telephone
numbers, electronic mail addresses, and postal
addresses, at which the mortgagor can obtain further
information regarding the mortgage account.
(E) A description of any additional options, such
as mortgage workout, modification, mitigation, and
redemption, that might be available to the mortgagor to
prevent the foreclosure from proceeding and a
description of how the mortgagor can obtain additional
information regarding such options.
(F) A statement of the correct names, telephone
numbers, electronic mail addresses, postal addresses,
and any State licensing numbers of the mortgage holder,
the mortgage servicer, and the person or persons
authorized to take the actions described pursuant to
subparagraph (E).
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Independent party.--The term ``independent party''
means, with respect to foreclosure on a covered residential
mortgage, an individual who has no interest in, or affiliation
with, any party involved in such foreclosure or with the
covered residential mortgage involved in such foreclosure,
including any party that owns, manages, controls, or directs
such an involved party, any party that is owned, managed,
controlled, or directed by such an involved party, or any party
that is under common ownership, management, control, or
direction with such an involved party.
(2) Covered residential mortgage.--The term ``covered
residential mortgage'' means a mortgage that meets the
following requirements:
(A) The property securing the obligation under the
mortgage shall be a one- to four-family dwelling,
including a condominium or a share in a cooperative
ownership housing association.
(B) The mortgagor under the mortgage shall occupy
the property securing the obligation under the mortgage
as his or her principal residence.
(3) Mortgage.--
(A) In general.--The term ``mortgage'' means a deed
of trust, mortgage, deed to secure debt, security
agreement, or any other form of instrument under which
any property (real, personal, or mixed), or any
interest in property (including leaseholds, life
estates, reversionary interests, and any other estates
under applicable State law), is conveyed in trust,
mortgaged, encumbered, pledged, or otherwise rendered
subject to a lien for the purpose of securing the
payment of money or the performance of an obligation.
(B) Condominiums and cooperatives.--Such term
includes a first mortgage given to secure--
(i) the unpaid purchase price of a fee
interest in, or a long-term leasehold interest
in, a one-family unit in a multifamily project,
including a project in which the dwelling units
are attached or are manufactured housing units,
semi-detached, or detached, and an undivided
interest in the common areas and facilities
that serve the project; or
(ii) repayment of a loan made to finance
the purchase of stock or membership in a
cooperative housing corporation the permanent
occupancy of dwelling units of which is
restricted to members of such corporation,
where the purchase of such stock or membership
entitles the purchaser to the permanent
occupancy of one of such units.
SEC. 4. RELATION TO STATE LAW.
This Act does not annul, alter, or affect, or exempt any person
subject to the provisions of this Act from complying with, the laws of
any State or subdivision thereof with respect to foreclosure on a
residential mortgage, except to the extent that those laws are
inconsistent with any provision of this Act, and then only to the
extent of the inconsistency. No provision of the laws of any State or
subdivision thereof may be determined to be inconsistent with any
provision of this Act if such law is determined to require greater
disclosure or notice than is required under this Act or to provide
greater protection to the mortgagee than is required under this Act. | Produce the Note Act of 2009 - Prohibits commencement of any foreclosure in connection with certain residential mortgages unless the person commencing the foreclosure complies with specified prerequisites, including identification of the actual holder of the mortgage note, the originating mortgage lender and all subsequent assignees, and other all parties who have an interest in the real estate subject to the mortgage or in the mortgage or its proceeds.
Requires the person commencing the foreclosure to: (1) notify the mortgagor, in writing, not less than five days before any action is taken to commence foreclosure; and (2) certify to the court, in the case of a judicial foreclosure, or to the office of the state to which notice is required under state law, that such notice has been provided. | {"src": "billsum_train", "title": "To require the filing of certain information regarding a residential mortgage in any proceeding for foreclosure of the mortgage."} | 2,184 | 170 | 0.499951 | 1.654773 | 0.718641 | 5.623288 | 13.780822 | 0.924658 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Taxation Act of 2011''.
SEC. 2. INCREASED TAX RATES FOR TAXPAYERS WITH MORE THAN $1,000,000
TAXABLE INCOME.
(a) In General.--
(1) Married individuals filing joint returns and surviving
spouses.--The table contained in subsection (a) of section 1 is
amended to read as follows:
If taxable income is: The tax is:
Not over $69,000...............
15% of taxable income.
Over $69,000 but not over
$139,350.
$10,350, plus 28% of the excess
over $69,000.
Over $139,350 but not over
$212,300.
$30,048, plus 31% of the excess
over $139,350.
Over $212,300 but not over
$379,150.
$52,662.50, plus 36% of the
excess over $212,300.
Over $379,150 but not over
$1,000,000.
$112,728.50, plus 39.6% of the
excess over $379,150.
Over $1,000,000 but not over
$10,000,000.
$358,585.10, plus 45% of the
excess over $1,000,000.
Over $10,000,000 but not over
$20,000,000.
$4,408,585.10, plus 46% of the
excess over
$10,000,000.
Over $20,000,000 but not over
$100,000,000.
$9,008,585.10, plus 47% of the
excess over
$20,000,000.
Over $100,000,000 but not over
$1,000,000,000.
$46,608,585.10, plus 48% of the
excess over
$100,000,000.
Over $1,000,000,000............
$478,608,585.10, plus 49% over
the excess over
$1,000,000,000.
(2) Heads of household.--The table contained in subsection
(b) of section 1 of such Code is amended to read as follows:
If taxable income is: The tax is:
Not over $46,250...............
15% of taxable income.
Over $46,250 but not over
$119,400.
$6,937.50, plus 28% of the
excess over $46,250.
Over $119,400 but not over
$193,350.
$27,419.50, plus 31% of the
excess over $119,400.
Over $193,350 but not over
$379,150.
$50,344, plus 36% of the excess
over $193,350.
Over $379,150 but not over
$1,000,000.
$117,232, plus 39.6% of the
excess over $379,150.
Over $1,000,000 but not over
$10,000,000.
$363,088.60, plus 45% of the
excess over $1,000,000.
Over $10,000,000 but not over
$20,000,000.
$4,413,088.60, plus 46% of the
excess over
$10,000,000.
Over $20,000,000 but not over
$100,000,000.
$9,013,088.60, plus 47% of the
excess over
$20,000,000.
Over $100,000,000 but not over
$1,000,000,000.
$46,613,088.60, plus 48% of the
excess over
$100,000,000.
Over $1,000,000,000............
$478,613,088.60, plus 49% of
the excess over
$1,000,000,000.
(3) Unmarried individuals (other than surviving spouses and
heads of households).--The table contained in subsection (c) of
section 1 of such Code is amended to read as follows:
If taxable income is: The tax is:
Not over $34,500...............
15% of taxable income.
Over $34,500 but not over
$83,600.
$5,175, plus 28% of the excess
over $34,500.
Over $83,600 but not over
$174,400.
$18,923, plus 31% of the excess
over $83,600.
Over $174,400 but not over
$379,150.
$47,071, plus 36% of the excess
over $174,400.
Over $379,150 but not over
$1,000,000.
$120,781, plus 39.6% of the
excess over $379,150.
Over $1,000,000 but not over
$10,000,000.
$366,637.60, plus 45% of the
excess over $1,000,000.
Over $10,000,000 but not over
$20,000,000.
$4,416,637.60, plus 46% of the
excess over
$10,000,000.
Over $20,000,000 but not over
$100,000,000.
$9,016,637.60, plus 47% of the
excess over
$20,000,000.
Over $100,000,000 but not over
$1,000,000,000.
$46,616,637.60, plus 48% of the
excess over
$100,000,000.
Over $1,000,000,000............
$478,616,637.60, plus 49% of
the excess over
$1,000,000,000.
(4) Married individuals filing separate returns.--The table
contained in subsection (d) of section 1 of such Code is
amended to read as follows:
If taxable income is: The tax is:
Not over $34,500...............
plus 15% of taxable income.
Over $34,500 but not over
$69,675.
$5,175, plus 28% of the excess
over $34,500.
Over $69,675 but not over
$106,150.
$15,024, plus 31% of the excess
over $69,675.
Over $106,150 but not over
$189,575.
$26,331.25, plus 35% of the
excess over $106,150.
Over $189,575 but not over
$500,000.
$55,530, plus 39.6% of the
excess over $189,575.
Over $500,000 but not over
$5,000,000.
$178,458.30, plus 45% of the
excess over $500,000.
Over $5,000,000 but not over
$10,000,000.
$2,203,458.30, plus 46% of the
excess over $5,000,000.
Over $10,000,000 but not over
$50,000,000.
$4,503,458.30, plus 47% of the
excess over
$10,000,000.
Over $50,000,000 but not over
$500,000,000.
$23,303,458.30, plus 48% of the
excess over
$50,000,000.
Over $500,000,000..............
$239,303,458.30, plus 49% of
the excess over
$500,000,000.
(b) Recapture of Lower Capital Gains Rates for Individuals Subject
to Added Rate Brackets.--
(1) In general.--Section 1 of such Code is amended by
adding at the end the following new subsection:
``(j) Special Rule for Capital Gains in Case of Taxable Income
Subject to at Least 45-Percent Rate Bracket.--If for the taxable year a
taxpayer has taxable income in excess of the minimum dollar amount for
the 45-percent rate bracket and has a net capital gain, then--
``(1) the tax imposed by this section for the taxable year
with respect to such excess shall be determined without regard
to subsection (h), and
``(2) the amount of net capital gain of the taxpayer taken
into account for the taxable year under subsection (h) shall be
reduced by the lesser of--
``(A) such excess, or
``(B) the net capital gain for the taxable year.
Any reduction in net capital gain under the preceding sentence
shall be allocated between adjusted net capital gain,
unrecaptured 1250 gain, and section 1202 gain in amounts
proportionate to the amounts of each such gain.''.
(2) Conforming amendment.--Paragraph (1) of section 1(h) of
such Code is amended by striking ``If a taxpayer has'' and
inserting ``Except to the extent provided in subsection (j), if
a taxpayer has''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010. | Fairness in Taxation Act of 2011 - Amends the Internal Revenue Code to: (1) increase individual income tax rates for taxpayers whose taxable income exceeds $1 million, and (2) provide for an adjustment in the capital gains tax of taxpayers whose taxable income is subject to the 45% tax bracket. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose increased rates of tax with respect to taxpayers with more than $1,000,000 taxable income, and for other purposes."} | 1,626 | 67 | 0.403918 | 0.994884 | 0.486526 | 1.983051 | 25.677966 | 0.79661 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adolescent Web Awareness Requires
Education Act'' or the ``AWARE Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Internet is an invaluable tool that is critical to
the ability of the Nation to compete in a global economy. The
Internet provides instant access to research and boundless
information and connects individuals around the world.
(2) About 93 percent of youth ages 12 through 17 years use
online services regularly and nearly 45 percent of children
ages 3 to 11 years will use the Internet on a monthly basis in
2009. Eighty-nine percent of teens have a profile on social
networking sites. Eighty percent of teens ages 13 through 17
years use cell phones, most of which have built-in cameras.
(3) Bullying in schools can take many forms, including
sending insulting, threatening, or offensive messages via
Internet sites, email, instant messaging, cell phone text
messaging, telephone, or any other electronic messaging system.
(4) In a recent survey, 1 in 5 teenagers stated that they
had used their cell phones to send explicit photos of
themselves to a peer, a practice commonly known as ``sexting''.
In most States, such conduct can subject young adults to felony
child pornography charges and the potential punishment of
registering as a sex offender.
(5) The Internet has facilitated the growth of a
multibillion dollar global market for child pornography, far
exceeding the capacity of law enforcement to respond at the
Federal, State, and local level.
(6) Internet safety education, coupled with technology
tools, is the most effective way to resolve and prevent these
crimes and other dangers committed on the Internet and in other
new media.
(7) According to an empirical study of 1,379 fourth grade
students in Virginia, the first State to mandate Internet
safety education in its schools, the students improved their
responses to 8 of 10 Internet safety scenarios after completing
an Internet safety education program, with the greatest
improvement in uncomfortable content and cyberbullying.
(8) The enactment of the Children's Internet Protection Act
(Public Law 106-554; 114 Stat. 2763A-336) mandated that schools
implement Internet safety policies and technology protection
measures in order to receive discounts to obtain affordable
telecommunications and Internet access. Most schools have now
developed acceptable use policies and have implemented
filtering and other technology-based solutions to help protect
children.
(9) However, less than 25 percent of educators feel
comfortable teaching students how to protect themselves from
online predators, bullies, and identity thieves, according to a
recent study by the National Cyber Security Alliance and
Educational Technology Policy, Research, and Outreach. The same
study found that 90 percent of educators have received less
than 6 hours of professional development on issues related to
online security in the past year. As a result, many students
receive little or no education on safe and responsible use of
the Internet and other new media.
(10) The widespread use of the Internet, cell phones,
interactive gaming, and other electronic communication devices
by children both inside and outside of schools suggests that
acceptable use policies and filtering alone cannot resolve
Internet safety concerns and that a greater focus on education
would be beneficial.
(11) In a national poll on children's health, parents
ranked Internet safety fifth among their top health concerns
for children. Yet according to a Common Sense Media poll
conducted in 2006, almost 90 percent of parents say that they
lack the knowledge about how to protect their children online.
For this reason, educating parents about Internet safety is key
to empowering them to understand actual risks and to take an
active role in protecting their children.
(12) The problem of online harassment, or cyberbullying, of
youth by other youths is widespread and results in a range of
children's experiences from minor irritation to severe
emotional harm. The Bureau of Justice Statistics has found that
online harassment tends to begin in third and fourth grade,
peaks in seventh and eighth grade, and continues in reduced
amounts throughout high school, college, and professional
school.
(13) Gang members increasingly are using the Internet as a
recruitment tool to entice would-be members and as an
intimidation tool to threaten rival gangs. Gang members use the
Internet, in particular, to promote their message.
(14) More research is needed in several areas of youth
online safety, including--
(A) the prevention of minor-to-minor solicitation
and other inappropriate use of the Internet;
(B) the prevention of the creation of problematic
content by youths;
(C) the protection of lesbian, gay, bisexual, and
transgender youth and youth with disabilities that may
be particularly vulnerable;
(D) the interplay between socioeconomic class and
risk factors;
(E) the role that pervasive digital image and video
capture devices play in harassment of youth by other
youth and youth production of problematic content;
(F) the intersection of different mobile and
Internet-based technologies; and
(G) the online activities of registered sex
offenders.
(b) Purposes.--The purposes of this Act are to--
(1) facilitate research and identify best practices in
Internet safety education for youth, parents, and education
officials; and
(2) establish a competitive grant program for State
education agencies, local educational agencies, and nonprofit
organizations to institute best practices relating to Internet
education and the research-based recommendations derived from
the study conducted under this Act.
SEC. 3. GRANT PROGRAM.
(a) Authority To Make Grants.--
(1) In general.--Subject to subsection (e)(1), the Attorney
General, after consultation with the Secretary of Education and
the Secretary of Health and Human Services, shall make grants
to eligible entities to carry out an Internet safety education
program.
(2) Period.--A grant under this section shall be for a 2-
year period.
(b) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Attorney General, which
shall include--
(1) a description of the partnership arrangements, if any,
of the eligible entity relating to the activities to be carried
out with the grant;
(2) a description of the measurable goals of the eligible
entity relating to the activities to be carried out with the
grant;
(3) a description of how the Internet safety education
program of the eligible entity shall achieve the measurable
goals described in paragraph (2);
(4) a description of the plan of the eligible entity to
continue to implement the Internet safety education program
after the grant under this section ends;
(5) a description of how funds under the grant may be used
and coordinated with Internet safety education programs being
carried out on the date of enactment of this Act or other
Internet safety education programs established with grants
under this section;
(6) a description of the target audience under the proposed
Internet safety education program;
(7) a certification that the eligible entity enforces the
operation of technology protection measures under section
254(h)(5) of the Communications Act of 1934 (47 U.S.C.
254(h)(5)) if the eligible entity provides Internet access to
minors; and
(8) any other information or assurances required by the
Attorney General.
(c) Prioritization.--In making grants under this section, the
Attorney General shall give priority to an eligible entity that--
(1) identifies and targets at-risk children;
(2) works in partnership with the private sector, law
enforcement, the philanthropic community, the media,
researchers, social services organizations, or other community-
based groups;
(3) provides Internet safety education programs at no cost
to students or schools;
(4) accommodates different languages and language
proficiencies;
(5) accommodates differing levels of technological
sophistication; or
(6) has a viable plan to sustain the Internet safety
education program after the grant program ends.
(d) Use of Funds.--An eligible entity may use a grant under this
section to--
(1) identify, develop, and implement Internet safety
education programs, including educational technology,
multimedia and interactive applications, online resources, and
lesson plans;
(2) provide professional training to elementary and
secondary school teachers, administrators, and other staff on
Internet safety and new media literacy;
(3) educate parents about teaching their children how to
use the Internet and new media safely and responsibly and help
parents identify and protect their children from risks relating
to use of the Internet and new media;
(4) develop online risk prevention programs for children;
(5) train and support peer-driven Internet safety education
initiatives;
(6) coordinate and fund research initiatives that
investigate online risks to children and Internet safety
education; or
(7) develop and implement public education campaigns to
promote awareness of online risks to children and Internet
safety education.
(e) Grant Guidance.--
(1) In general.--Before making grants under this section,
and not later than 1 month after the date on which the study
under paragraph (3)(A) is completed, the applicable agency
heads, in consultation with education groups, internet safety
groups, and other relevant experts in the field of new media
and child safety, shall issue detailed guidance for the grant
program under this section.
(2) Contents of guidance.--The grant guidance shall be
implemented by the Attorney General in accordance with best
practices relating to Internet education and the research-based
recommendations derived from the study conducted under
paragraph (3)(A).
(3) Internet safety research.--
(A) Initial research.--The Attorney General shall
enter into contracts with 1 or more private companies,
government agencies, or nonprofit organizations to
complete a study, not later than 6 months after the
date of enactment of this Act, regarding--
(i) the nature, prevalence, and quality of
Internet safety education programs and any
evidence-based research conducted relating to
the programs;
(ii) findings regarding which children are
most at risk;
(iii) gaps in Internet safety education and
youth online risk research; and
(iv) any other area determined appropriate
by the Attorney General.
(B) Additional research.--Subject to the
availability of appropriations, the Attorney General
shall enter into contracts with private companies,
government agencies, or nonprofit organizations to
conduct additional research regarding the issues
described in subparagraph (A). Any research conducted
under this subparagraph shall be included in the
reports under subsection (g)(3).
(f) Technical Assistance.--The Attorney General shall provide
technical assistance to eligible entities that receive a grant under
this section, which may include maintaining a Web site to facilitate
outreach and communication among the eligible entities that receive a
grant under this section.
(g) Reports.--
(1) Eligible entities.--An eligible entity that receives a
grant under this section shall submit to the Attorney General
and make public an annual report regarding the activities
carried out using funds made available under the grant, which
shall include--
(A) a description of how the eligible entity
implemented the Internet safety education program
carried out with the grant;
(B) a detailed description of the audience reached;
(C) an analysis of whether and to what degree the
goals for the Internet safety education program were
met;
(D) an analysis of the challenges, if any, that
interfered with achieving the goals described in
subparagraph (C);
(E) plans for future Internet safety programs; and
(F) an accounting of the funds used.
(2) Compilation of annual reports for revised grant
guidance.--The Attorney General shall--
(A) review the report under paragraph (1) submitted
by each eligible entity that receives a grant under
this section during the first fiscal year for which
grants under this section are made; and
(B) not later than 6 months after the date on which
all reports described in subparagraph (A) are
submitted, modify, as appropriate, the grant guidance
based on the reports after consultation with the
Secretary of Education and the Secretary of Health and
Human Services.
(3) Reports to congress.--Not later than 27 months after
the date on which the Attorney General makes the first grant
under this section, and annually thereafter, the applicable
agency heads shall submit to Congress a report regarding the
grant program under this section, which shall include--
(A) a compilation of the information and findings
of the annual reports submitted under paragraph (1);
(B) the findings and conclusions of the applicable
agency heads, including findings and conclusions
relating to the effectiveness of Internet safety
education programs carried out using a grant under this
section; and
(C) best practices identified by the applicable
agency heads relating to Internet safety education.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Attorney General to carry out this section $25,000,000 for
each of fiscal years 2010 through 2014.
(2) Limitation.--Of amounts made available to carry out
this section, not more than 5 percent shall be available to
carry out subsections (e), (f), and (g)(2).
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) Applicable agency heads.--The term ``applicable agency
heads'' means the Attorney General, after consultation with the
Secretary of Education and the Secretary of Health and Human
Services.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a partnership between a State educational
agency and 1 or more local educational agencies (as
those terms are defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) of the State;
(B) a local educational agency;
(C) a nonprofit organization; or
(D) a consortium of elementary schools or secondary
schools (as those terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) collaborating with an entity described in
subparagraph (A), (B), or (C).
(3) Grant guidance.--The term ``grant guidance'' means the
grant guidance issued under section 3(e)(1).
(4) Internet safety education program.--The term ``Internet
safety education program'' means an age-appropriate, research-
based program that encourages safe and responsible use of the
Internet, promotes an informed, critical understanding of
Internet dangers, and educates children, parents, and
communities about how to prevent or respond to problems or
dangers related to the Internet or new media.
(5) New media.--The term ``new media''--
(A) means emerging digital, computerized, or
networked information and communication technologies
that often have interactive capabilities; and
(B) includes email, instant messaging, text
messaging, Web sites, blogs, interactive gaming, social
media, cell phones, and mobile devices.
(6) Nonprofit.--The term ``nonprofit'' means an
organization that is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of that Code. | Adolescent Web Awareness Requires Education Act or the AWARE Act - Directs the Attorney General to award grants to local educational agencies (LEAs), partnerships between states and LEAs, nonprofit organizations, or consortia of elementary and secondary schools that collaborate with such entities to carry out an age-appropriate, research-based Internet safety education program that encourages safe and responsible Internet use.
Requires such program to educate children, parents, and communities about how to prevent or respond to problems or dangers related to the Internet or new media.
Directs the Attorney General to: (1) enter into contracts with one or more private companies, government agencies, or nonprofit organizations to complete a study on Internet safety; and (2) provide technical assistance to grant recipients. | {"src": "billsum_train", "title": "To promote Internet safety education and cybercrime prevention initiatives, and for other purposes."} | 3,202 | 164 | 0.457011 | 1.378476 | 0.682966 | 3.868966 | 21.793103 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Mine Safety and Health Act
of 2006''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the Mine Safety and Health
Administration should strictly enforce mine health and safety standards
as required under the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 801 et seq.).
SEC. 3. ENHANCED UNDERGROUND COAL MINE SAFETY STANDARDS.
(a) Notification.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Labor shall revise the
regulations prescribed pursuant to section 101 of the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 811) to require that the
operator of each coal mine expeditiously provide notification of any
accident where rescue and recovery work is necessary. The Secretary
shall take such steps as are necessary to ensure that a system is in
place within the Mine Health and Safety Administration to immediately
receive such notification.
(b) Rapid Emergency Response.--Not later than 90 days after the
date of enactment of this Act, the Secretary of Labor shall revise the
regulations prescribed pursuant to section 115(e) of the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 825(e)) regarding mine rescue
teams. Such regulations--
(1) shall address the efficacy and adequacy of--
(A) training and qualifications for rescue team
members;
(B) the equipment and technology used in mine
rescue, including refuge chambers and other rescue
alternatives;
(C) the structure and organization of rescue teams,
including the number of team members and the procedural
rules for the use of teams, including contractor teams;
and
(D) the guidelines addressing the potential
liability of and insurance issues relating to rescue
teams; and
(2) shall require--
(A) that the operator of each coal mine maintain
mine rescue teams whose members--
(i) are employed by such operator and who
are familiar with the workings of such coal
mine; and
(ii) shall be available at such coal mine
for rescue and recovery work to provide an
immediate and rapid response to an emergency;
and
(B) that the operator of each coal mine have in
place a plan for coordination and communication between
the operator and mine rescue teams and local emergency
response personnel, and that such local personnel be
eligible to receive appropriate training in order to be
familiar with mine rescue and recovery work.
(c) Emergency Air and Communications Equipment.--Not later than 90
days after the date of enactment of this Act, the Secretary of Labor
shall prescribe regulations as authorized by section 315 of the Federal
Mine Safety and Health Act of 1977 (30 U.S.C. 825(e)). Such regulations
shall require that each coal mine maintain at strategic locations
within each mine, the following:
(1) Emergency supplies of air and self-contained breathing
equipment for persons awaiting rescue due to an emergency
within the mine. Such equipment shall be sufficient to maintain
such persons for a sustained period of time and shall be in
addition to the self-rescue devices referred to in section 317
of that Act (30 U.S.C. 877(n)).
(2) Independent means of communication with the surface for
persons awaiting rescue at such locations, including secondary
telephone or equivalent two-way communications facilities to
the surface.
(d) Emergency Tracking and Communications Equipment.--Not later
than 90 days after the date of enactment of this Act, the Secretary of
Labor shall prescribe regulations to require each operator of a coal
mine to implement a communication and electronic tracking system to
assist in rescue and recovery work of persons awaiting rescue due to an
emergency within the coal mine. Such regulations shall require that
each person who enters a coal mine to be equipped with--
(1) a portable communications device calibrated to
communicate with both the surface and to rescue personnel; and
(2) an electronic tracking device permitting persons on the
surface and rescue personnel to determine the exact location of
each such person within the mine.
(e) Prohibited Practices.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Labor shall revise the
regulations prescribed pursuant to section 303(y) of the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 863(y)) to require, in any
coal mine, regardless of the date on which it was opened, that belt
haulage entries not be used to ventilate active working places.
SEC. 4. INCREASED PENALTIES FOR HABITUAL VIOLATORS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Labor shall prescribe regulations--
(1) to establish that no civil penalty less than $10,000
shall be assessed pursuant to section 110 of the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 820) for a violation
which occurs of a mandatory health or safety standard where the
operator displays negligence or reckless disregard of such
standard; and
(2) to provide for a civil penalty of up to $100,000 for an
operator who fails to comply with section 3(a) of this Act.
SEC. 5. TECHNOLOGICAL TRANSFER AND APPLICATION.
(a) Office of Science and Technology Transfer.--The Secretary of
Labor shall establish within the Mine Safety and Health Administration
an Office of Science and Technology Transfer for the purposes of
conducting research and development to apply advancing sciences and
technologies to underground coal mine and coal miner health and safety.
Such Office shall consult with other Federal agencies, as appropriate
and on a regular basis, in order to stay informed of the latest
technologies that are available to ensure coal miner health and safety.
(b) Periodic Review and Application.--The Secretary of Labor shall,
on a periodic basis, review the underground coal mine health and safety
standards for possible revision with regard to advancing sciences and
technologies, and shall, on a periodic basis, revise such standards to
require the implementation of such technologies.
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for the purposes of
implementing this section.
SEC. 6. MINER OMBUDSMAN.
(a) Establishment.--There shall be established within the Office of
the Inspector General of the Department of Labor the position of Miner
Ombudsman. The President, by and with the advice and consent of the
Senate, shall appoint an individual with expertise in mine safety and
health to serve as the Miner Ombudsman.
(b) Duties.--The Miner Ombudsman shall--
(1) be responsible for ensuring the safety of mines through
information collection and sharing;
(2) establish a toll-free telephone number and appropriate
Internet website to permit individual miners to confidentially
report mine safety and health violations;
(3) forward information collected concerning mine safety
and health violations to the appropriate officials of the Mine
Safety and Health Administration for investigation; and
(4) carry out other activities to improve the safety of
mines.
SEC. 7. DEFINITIONS.
As used in this Act, the terms ``coal mine'' and ``operator'' have
the meanings given such terms in section 3 of the Federal Mine Safety
and Health Act of 1977 (30 U.S.C. 802). | Federal Mine Safety and Health Act of 2006 - Directs the Secretary of Labor to revise regulations prescribed pursuant to the Federal Mine Safety and Health Act of 1977 to require coal mine operators to expeditiously provide notification of any accident where rescue and recovery work is necessary.
Requires the Secretary to revise regulations regarding mine rescue teams to: (1) address training and qualifications for team members, rescue equipment and technology, the structure and organization of teams, and the guidelines about liability and insurance issues; and (2) require that mine operators employ rescue teams to provide a rapid response and have a plan for coordination and communication between the rescue teams and local emergency response personnel.
Directs the Secretary to prescribe regulations to require: (1) each coal mine to maintain at strategic locations sufficient emergency supplies of air and self-contained breathing equipment, and independent means of communication with the surface, for people awaiting rescue; and (2) each operator to implement a communication and electronic tracking system to assist in rescue and to equip each person that enters a mine with certain communication and tracking devices.
Requires the Secretary to revise regulations in order to prohibit belt haulage entries from being used to ventilate active working places in any coal mine.
Directs the Secretary to prescribe regulations to establish minimum civil penalties for violations: (1) where the operator displays negligence or reckless disregard of a mandatory health or safety standard; and (2) of rescue notification requirements.
Requires the Secretary to: (1) establish an Office of Science and Technology Transfer within the Mine Safety and Health Administration to conduct research and development to apply advancing sciences and technologies to mines and miner health and safety; (2) review and revise mine health and safety standards with regard to implementing such technologies.
Establishes the position of Miner Ombudsman within the Office of the Inspector General of the Department of Labor to be responsible for ensuring the safety of mines through information collection and sharing. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Labor to prescribe additional coal mine safety standards, to require additional penalties for habitual violators, and for other purposes."} | 1,593 | 400 | 0.694491 | 2.217833 | 0.836914 | 3.967914 | 3.927807 | 0.946524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delaware River Basin Conservation
Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Delaware River Basin is a national treasure of
great cultural, environmental, and ecological importance.
(2) The Delaware River Basin contains over 12,500 square
miles of land in Delaware, New Jersey, New York, and
Pennsylvania, nearly 800 square miles of bay, and more than
2,000 tributary rivers and streams.
(3) The Basin is home to more than 8,000,000 people who
depend on the Delaware River and Bay as an economic engine, a
place of recreation, and a vital habitat for fish and wildlife.
(4) The Basin provides clean drinking water to more than
15,000,000 people. New York City relies on the Delaware River
Basin for half of its drinking water supply. A study conducted
by the City of Philadelphia Water Department determined that
the most significant threat to its drinking water supply is
forest clearing in the Upper Basin.
(5) Almost 180 species of fish and wildlife are considered
special status species in the Basin due to habitat loss and
degradation. Sturgeon, eastern oyster, and red knots have been
identified as unique species in need of habitat improvement.
(6) The Basin provides habitat for over 200 fish species,
both residents and migrants, and includes significant
recreational fisheries. The Basin is also a prolific source of
eastern oyster, blue crab, and the largest population of the
American horseshoe crab.
(7) Current oyster landings in the Delaware Bay are at
100,000 bushels, down from 500,000 harvested in the 1980s due,
in part, to polluted water and disease.
(8) The Delaware Bay has the second largest concentration
of shorebirds in North America and is designated as one of the
four most important shorebird migration sites in the world.
(9) The Basin has 1,000,000 acres of wetlands, more than
126,000 acres of which are recognized as internationally
important. Fifty percent of the Basin is covered by forest.
This landscape provides essential ecosystem services, including
recreation, commercial, and water quality benefits.
(10) Much of the remaining exemplary natural landscape is
vulnerable to further degradation. The Basin gains
approximately 14 square miles of developed land annually. With
new development, urban watersheds are increasingly covered by
impervious surfaces, amplifying the amount of polluted runoff
into rivers and streams.
(11) The Delaware River is the longest undammed river east
of the Mississippi, and a critical component of the National
Wild and Scenic River System in the Northeast.
(12) Management of water volume in the Basin is critical to
flood mitigation and habitat for fish and wildlife. Following
three major floods along the River since 2004, the governors of
Delaware, New Jersey, New York, and Pennsylvania, have called
for natural flood control measures to combat the problem,
including restoring the function of riparian corridors.
(13) The Delaware River Port Complex (including docking
facilities in Delaware, New Jersey, and Pennsylvania) is the
largest freshwater port in the world. The Port of Philadelphia
handles the largest volume of international tonnage and 70
percent of the oil shipped to the east coast. The Port of
Wilmington, a full-service deepwater port and marine terminal,
is the busiest terminal on the Delaware River handling over 400
vessels per year with an annual import/export cargo tonnage of
over 4,000,000 tons.
(14) The Delaware Estuary, where fresh water from the
Delaware River mixes with salt water from the Atlantic Ocean,
is one of the largest and most complex of the 28 estuaries in
the National Estuary Program, and the Partnership for the
Delaware Estuary works to improve the environmental health of
the Delaware Estuary.
(15) The Delaware River Basin Commission is a Federal-
interstate compact government agency charged with overseeing a
unified approach to managing the river system and implements
important water resources management projects and activities
throughout the Basin that are in the national interest.
(16) Restoration in the Basin is presently supported
through several State and Federal agency programs. Funding for
these important programs should continue and complement the
establishment of the Delaware River Basin Restoration Program.
The Program and associated funding for the Basin is intended to
build upon and help coordinate restoration and protection
funding mechanisms at the Federal, regional, State, and local
level.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Basin.--The term ``Basin'' means the four-State
Delaware Basin including all of Delaware Bay and portions of
Delaware, New Jersey, New York, and Pennsylvania, located in
the Delaware River watershed.
(2) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(3) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation, a congressionally chartered
foundation established under the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3701 et seq.).
(4) Grant program.--The term ``Grant Program'' refers to
the Delaware River Basin Restoration Grant Program.
(5) Program.--The term ``Program'' means the Delaware River
Basin Restoration Program.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
SEC. 4. PROGRAM ESTABLISHMENT.
(a) Establishment.--Not later than 180 days after funds are made
available for this purpose, the Secretary shall establish a program,
through the Director, that shall be known as the ``Delaware River Basin
Restoration Program''. The Director shall--
(1) work in consultation with existing management
structures, including representatives of the Partnership for
the Delaware Estuary and the Delaware River Basin Commission,
and other Federal, State, local government, regional, and
nonprofit organizations, as appropriate, to identify,
prioritize, and implement restoration and protection activities
within the Basin;
(2) adopt a single plan that includes a shared set of
priorities for implementation of the Program;
(3) establish the Grant Program; and
(4) provide for technical assistance in accordance with
this Act.
(b) Coordination.--In establishing the Program, the Director shall
consult, as appropriate, with--
(1) Federal agencies, including the Environmental
Protection Agency, National Oceanic Atmospheric Administration,
Natural Resource Conservation Service, United States Army Corps
of Engineers, the National Park Service, and any other relevant
agencies;
(2) Basin States which include Delaware, New Jersey, New
York, and Pennsylvania;
(3) the Partnership for the Delaware Estuary;
(4) the Delaware River Basin Commission;
(5) fish and wildlife joint venture partnerships in
existence on the date of the enactment of this Act as well as
those formed after such date; and
(6) other public agencies and organizations with
authorities for planning and implementation of conservation
strategies in the Basin.
(c) Purposes.--The purposes of the Program include--
(1) to coordinate restoration and protection activities
among Federal agencies, State, local and regional entities, and
conservation partners throughout the Basin;
(2) to carry out coordinated restoration and protection
activities throughout the Basin and the States to--
(A) sustain and enhance habitat restoration and
protection activities;
(B) sustain and enhance water quality improvements,
including drinking water;
(C) sustain and enhance water management and flood
control improvements to benefit fish and wildlife
habitat;
(D) improve opportunities for public access and
recreation in the Basin;
(E) encourage environmentally sensitive land use
planning and development;
(F) increase the capacity to implement coordinated
restoration and protection activities in Basin by
conducting public outreach and education, and promoting
citizen involvement; and
(G) coordinate, conduct, and support planning,
studies, monitoring, and research necessary to carry
out coordinated restoration and protection activities;
and
(3) to provide competitive grants and for technical
assistance for restoration and protection activities in Basin
with priority given to activities with multiple benefits,
including habitat, water quality, and flood protection.
SEC. 5. GRANTS AND ASSISTANCE.
(a) Delaware River Basin Restoration Program.--To the extent that
funds are available for this purpose, the Director shall establish a
``Delaware River Basin Restoration Grant Program'' to provide
competitive matching grants of varying amounts to State and local
governments, nonprofit organizations, community organizations,
universities, and others to carry out activities for the purposes set
forth in section 4.
(b) Criteria.--The Director, in consultation with the organizations
listed in section 4(b), shall develop criteria for the Grant Program to
help ensure that activities funded under this section address one or
more of the following:
(1) Restore or protect fish and wildlife species and their
habitats.
(2) Improve or protect water quality by reducing nonpoint
and point source pollutants.
(3) Reduce or improve management of water volume and
flooding.
(4) Address priority needs or actions identified in the
single plan adopted under section 4(a)(2).
(5) Include activities with multiple benefits in Basin,
including habitat, water quality, and flood protection.
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a
project funded under the Grant Program shall not exceed 75
percent of the total cost of the activity.
(2) Non-federal share.--The non-Federal share of the cost
of a project funded under the Grant Program may be provided in
cash or in the form of an in-kind contribution of services or
materials.
(d) Administration.--The Director may enter into an agreement with
the National Fish and Wildlife Foundation or another organization with
the proper expertise to manage the Grant Program. If selected, the
Foundation or other organization shall receive in lump sum, invest and
reinvest funds for the Grant Program, and otherwise administer the
Grant Program to support partnerships between the public and private
sectors that further the purposes of this Act. Amounts received by the
Foundation under this section shall be subject to the provisions of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701
et seq.), excluding section 3709(a) of that Act.
(e) Technical Assistance.--The Director may provide or provide for
technical assistance, on a nonreimbursable basis, to other Federal
agencies, State and local governments, nonprofit organizations,
community organizations, universities, and others to carry out the
purposes of the Program.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary $5,000,000 for each of fiscal years 2011 through 2016 to
carry out this Act.
(b) Proportionate Use.--Of the amount appropriated, at least 75
percent shall be used to carry out the Grant Program and to provide or
provide for technical assistance under section 5.
SEC. 7. REPORT TO CONGRESS.
Not later than 180 days after the date of the enactment of this Act
and annually thereafter, the Secretary shall submit to Congress a
report on the implementation of the Act, including what projects have
been funded under this Act. | Delaware River Basin Conservation Act of 2010 - Requires the Secretary of the Interior, through the Director of the United States Fish and Wildlife Service, to establish a Delaware River Basin Restoration Program, under which the Director shall: (1) work in consultation with existing management structures to identify, prioritize, and implement restoration and protection activities within the Delaware Basin (defined as including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed); (2) adopt a single plan that includes a shared set of priorities for implementation of the Program; (3) establish the Delaware River Basin Restoration Grant Program; and (4) provide technical assistance to other federal agencies, state and local governments, nonprofit and community organizations, universities, and others to carry out the Restoration Program.
Requires the Grant Program to provide competitive matching grants to state and local governments, nonprofit organizations, community organizations, universities, and others to carry out Restoration Program purposes. Requires the Director to develop criteria to ensure that funded activities: (1) restore or protect fish and wildlife species and their habitats; (2) improve or protect water quality by reducing nonpoint and point source pollutants; (3) reduce or improve management of water volume and flooding; (4) address priority needs or actions identified in the single plan adopted; and/or (5) include activities with multiple benefits in the Basin, including habitat, water quality, and flood protection. Limits the federal share of the total cost of a funded project to 75%. Authorizes the Director to contract with the National Fish and Wildlife Foundation or another organization with the expertise to manage the Grant Program. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to establish a program to build upon and help coordinate funding for restoration and protection efforts at the Federal, regional, State, and local level for the four-State Delaware Basin, including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania, located in the Delaware River watershed, and for other purposes."} | 2,388 | 339 | 0.474701 | 1.476975 | 0.701234 | 6.253823 | 7.094801 | 0.969419 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burma Human Rights and Democracy Act
of 2013''.
SEC. 2. ASSISTANCE FOR THE GOVERNMENT OF BURMA.
(a) Limitation.--
(1) In general.--Except as provided in paragraph (2), no
funds authorized to be appropriated or otherwise made available
for fiscal year 2014 for the Department of Defense may be made
available for assistance to the Government of Burma unless the
Secretary of State certifies to the appropriate congressional
committees that--
(A) the Government of Burma has taken concrete
steps toward--
(i) establishing civilian oversight of the
armed forces;
(ii) addressing human rights abuses by the
Burmese military, including publicly
acknowledging that human rights abuses have
been and continue to be committed by the
Burmese military, and committing to a zero
tolerance policy against such human rights
abuses; and
(iii) terminating military relations with
North Korea;
(B) the Government of Burma has taken concrete
steps to establish a fair, transparent and inclusive
process to amend the Constitution of Burma, including
the full participation of the political opposition and
all ethnic minority groups, and the constitutional
reform process will provide the basis for free, fair,
and competitive elections in Burma;
(C) the Government of Burma has amended its
constitution and laws to ensure civilian control of the
military and implemented reforms to increase the
transparency and accountability of the military's
budget and operations, and the Burmese military has
taken substantial and meaningful steps to divest itself
from ownership of commercial businesses;
(D) the Government of Burma is showing meaningful
and well-documented efforts to promote peace agreements
or political reconciliation and equal and fair
treatment of all ethnic groups in conflict areas or
areas of unrest, and to actively address the
resettlement and humanitarian situation of displaced
persons; and
(E) the Burmese military is--
(i) improving its human rights record, as
measured by consistent decreases in reports of
forced labor, indefinite detention, torture, or
cruel, inhumane, and degrading treatment of
detainees, and use in armed conflict of
indiscriminate or disproportionate methods and
means of attack;
(ii) demonstrating a genuine interest in
reform by ceasing attacks against ethnic
minority groups in both ceasefire and non-
ceasefire areas;
(iii) taking steps to withdraw forces from
conflict zones, including by halting the use of
soldiers in economic development projects;
(iv) adhering to the conditions of
ceasefire agreements; and
(v) signing and implementing a code of
conduct.
(2) Exception.--The restriction in paragraph (1) does not
apply to consultation and basic training on human rights and
disaster response for the Burmese military, including training
for the Burmese military and civilian leadership on
international law, civilian control of the military, and
justice and accountability mechanisms both through the chain of
command and civilian authority, except that such consultation
and training shall occur in conjunction with engagement with
ethnic armed groups and conducted in a manner that will not
enhance the Burmese military's capabilities against ethnic
minorities.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense, in concurrence with the Secretary of
State, shall submit to the appropriate congressional committees
a report on the strategy for, and plans and status of,
military-to-military engagement between the United States Armed
Forces and the Burmese military.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description and assessment of the Government
of Burma's strategy for security sector reform, an
identification and comprehensive analysis of those
reform elements that the United States Government
should support, and a multi-year cost estimate for
providing such support.
(B) The United States strategy for the military-to-
military relationship between the United States and
Burma, including a description of how and why such
engagements are necessary for United States national
security.
(C) An assessment of the human rights record of the
Burmese military over the past decade, including--
(i) an account of violations of human
rights and laws of armed conflict by the
Burmese military and all paramilitary and
security forces under its command, including
against ethnic minority groups;
(ii) a description of efforts by the
Burmese military to implement human rights
reforms; and
(iii) a description of the relationship
between progress in the United States-Burma
military-to-military relationship and such
reforms.
(D) An assessment of--
(i) any substantial and meaningful steps
taken by the Burmese military to implement
reforms to increase transparency and
accountability of the military's budget and
operations and to divest itself from ownership
of commercial business; and
(ii) the relationship between progress in
the United States-Burma military-to-military
relationship and such reforms.
(E) A list of ongoing military-to-military
activities conducted by the United States Government
and other international donors, including a description
of each such activity.
(F) An update on activities that were listed in
previous reporting.
(G) A list of activities that are planned to occur
over the upcoming year, with a written description of
each.
(H) A description of progress on the peaceful
settlement of armed conflicts between the Government of
Burma and ethnic minority groups, including the steps
taken by the Burmese military to demonstrate respect
for ceasefires, laws of armed conflict, and human
rights provisions prohibiting rape, torture, forced
labor, trafficking, and the use of child soldiers.
(I) A description of the concrete steps the
Government of Burma has taken--
(i) to establish a fair, transparent, and
inclusive process to amend the Constitution of
Burma;
(ii) to promote peace agreements or
political reconciliation and equal and fair
treatment of all ethnic groups in conflict
areas or areas of unrest; and
(iii) to actively address the resettlement
and humanitarian situation of displaced
persons.
(J) An assessment of the status of the Burmese
military's cooperation with civilian authorities to
investigate and resolve cases of human rights
violations.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex as necessary.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the
congressional defense committees and 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. | Burma Human Rights and Democracy Act of 2013 - Prohibits FY2014 Department of Defense (DOD) funds from being made available to the government of Burma unless the Secretary of State certifies to Congress that: (1) Burma has taken steps toward establishing civilian oversight of the armed forces, addressing human rights abuses by the military, and terminating military relations with North Korea; (2) Burma has taken steps to establish a fair and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and ethnic minority groups; (3) Burma has amended its constitution and laws to ensure civilian control of the military; (4) Burma is promoting peace agreements or political reconciliation and is addressing the resettlement and humanitarian situation of displaced persons; and (5) the Burmese military is improving its human rights record, taking steps to withdraw forces from conflict zones, and implementing a code of conduct. Directs the Secretary of Defense to report annually to Congress on the status of military-to-military engagement between the U.S. Armed Forces and the Burmese military. | {"src": "billsum_train", "title": "Burma Human Rights and Democracy Act of 2013"} | 1,487 | 244 | 0.728014 | 2.19877 | 0.901901 | 4.273171 | 6.809756 | 0.936585 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Timely Access to Health
Care Act''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON ACCESS TO
MEDICAL CARE.
(a) Pilot Program.--During the five-year period beginning on the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall conduct a pilot program under which the Secretary shall ensure
that for each veteran seeking primary care from a covered medical
facility, the standard for access to care, determined from the date on
which the veteran contacts the Department seeking an appointment until
the date on which a visit with a primary-care provider is completed, is
30 days.
(b) Covered Facility.--For purposes of the pilot program under this
section, a covered medical facility is a medical facility of the
Department of Veterans Affairs in Veterans Integrated Service Network
8.
(c) Review of Performance.--The Secretary shall periodically review
the performance of covered medical facilities compared to the standard
established under subsection (a). The Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives an annual report providing an assessment of the
Department's performance in meeting that standard.
(d) Provision of Care at Non-Department Facilities.--
(1) Provision of care.--Effective on the first day of the
first fiscal year beginning after the date of the enactment of
this section, in a case in which the Secretary is unable to
meet the standard for access to care under subsection (a) with
respect to a veteran enrolled in the patient enrollment system
of the Department of Veterans Affairs under section 1705, of
title 38, United States Code, the Secretary shall use the
authority of section 1703(a) of that title to furnish health
care and services for that veteran in a non-Department
facility. In any such case--
(A) payments by the Secretary may not exceed the
reimbursement rate for similar outpatient services paid
by the Secretary of Health and Human Services under
part B of the medicare program (as defined in section
1781(d)(4)(A) of that title); and
(B) the non-Department facility may not bill the
veteran for any difference between the facility's
billed charges and the amount paid by the Secretary
under paragraph (1).
(2) Veteran choice to receive care at department
facility.--A veteran for whom the Secretary furnishes health
care or services at a non-Department facility under paragraph
(1) may, after 30 days of receiving such care or services at
the non-Department facility, choose to receive such care or
services from a Department facility, if available. If a veteran
so chooses, the veteran shall submit to the Secretary notice in
writing of that choice.
(e) Continuity of Care.--For the purpose of providing for
continuity of care, the Secretary shall develop a form to be used by
veterans to authorize the Secretary to obtain any records created in
connection with the veteran's receipt of care from a non-Department
facility.
(f) Quarterly Reports.--
(1) Requirement.--Not later than 60 days after the end of a
calendar-year quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report for that calendar-year
quarter on the experience of the Department during the quarter
covered by the report with respect to waiting times for
veterans seeking appointments at a covered facility.
(2) Contents.--Each report under subparagraph (A) shall
include--
(A) the total number of veterans waiting by the
following categories:
(i) Those waiting under 30 days for
scheduled appointments.
(ii) Those waiting over 30 days but less
than 60 days.
(iii) Those waiting over 60 days but less
than 4 months.
(iv) Those waiting over 4 months but who
cannot be scheduled within 6 months.
(v) Any remaining veterans who cannot be
scheduled, with the reasons therefor.
(B) For each category set forth in subparagraph
(A), distinctions between--
(i) waiting times for primary care and
specialty care; and
(ii) waiting times for veterans who are
newly enrolled versus those who were enrolled
before October 1, 2001.
(C) The number of veterans who have enrolled in the
Department of Veterans Affairs health care system but
have not since such enrollment sought care at a
Department medical facility.
(g) Termination.--The authority to conduct a pilot program under
this section shall terminate on the date that is five years after the
date of the enactment of this Act. | Veterans Timely Access to Health Care Act - Directs the Secretary of Veterans Affairs to conduct a five-year pilot program to ensure that, for each veteran seeking primary care from a participating medical facility, the standard for access to such care, determined from the date that the veteran contacts the Department of Veterans Affairs (VA) seeking an appointment until a visit with a primary-care provider is completed, is 30 days.
Directs the Secretary to periodically review the performance of VA health-care facilities in meeting such standards. Authorizes the Secretary to contract for health care services in non-VA facilities when the Secretary is unable to meet access standards. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs to carry out a pilot program to establish standards of access to care for veterans seeking health care from certain Department of Veterans Affairs medical facilities, and for other purposes."} | 1,023 | 136 | 0.662966 | 1.571698 | 0.681002 | 4.032 | 7.616 | 0.912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Register Modernization
Act''.
SEC. 2. FEDERAL REGISTER MODERNIZATION.
(a) References to Printing.--Chapter 15 of title 44, United States
Code, is amended--
(1) in section 1502--
(A) in the heading, by striking ``printing'' and
inserting ``publishing''; and
(B) by striking ``printing and distribution'' and
inserting ``publishing'';
(2) in section 1507 is amended--
(A) by striking ``the duplicate originals or
certified copies of the document have'' and inserting
``the document has''; and
(B) in paragraph (2), by striking ``printed'' and
inserting ``published''; and
(3) in section 1509, in subsections (a) and (b) of, by
striking ``printing, reprinting, wrapping, binding, and
distributing'' and inserting ``publishing'', each place it
appears.
(b) Publish Defined.--Section 1501 of title 44, United States Code,
is amended--
(1) by striking ``; and'' at the end of the definition for
``person'' and inserting a semicolon;
(2) by inserting after the definition for ``person'' the
following:
```publish' means to circulate for sale or distribution to
the public; and''.
(c) Filing Documents With Office Amendment.--Section 1503 of title
44, United States Code, is amended to read as follows:
``Sec. 1503. Filing documents with Office; notation of time; public
inspection; transmission for publishing
``The original document required or authorized to be published by
section 1505 of this title shall be filed with the Office of the
Federal Register for publication at times established by the
Administrative Committee of the Federal Register by regulation. The
Archivist of the United States shall cause to be noted on the original
of each document the day and hour of filing. Upon filing, the document
shall be immediately available for public inspection in the Office. The
original shall be retained by the National Archives and Records
Administration and shall be available for inspection under regulations
prescribed by the Archivist, unless such original is disposed of in
accordance with disposal schedules submitted by the Administrative
Committee and authorized by the Archivist pursuant to regulations
issued under chapter 33 of this title; however, originals of
proclamations of the President and Executive orders shall be
permanently retained by the Administration as part of the National
Archives of the United States. The Office shall transmit to the
Government Printing Office, as provided by this chapter, each document
required or authorized to be published by section 1505 of this title.
Every Federal agency shall cause to be transmitted for filing the
original of all such documents issued, prescribed, or promulgated by
the agency.''.
(d) Federal Register Amendment.--Section 1504 of title 44, United
States Code, is amended to read as follows:
``Sec. 1504. `Federal Register'; publishing; contents; distribution;
price
``Documents required or authorized to be published by section 1505
of this title shall be published immediately by the Government Printing
Office in a serial publication designated the `Federal Register'. The
Public Printer shall make available the facilities of the Government
Printing Office for the prompt publication of the Federal Register in
the manner and at the times required by this chapter and the
regulations prescribed under it. The contents of the daily issues shall
constitute all documents, required or authorized to be published, filed
with the Office of the Federal Register up to the time of the day
immediately preceding the day of publication fixed by regulations under
this chapter. There shall be published with each document a copy of the
notation, required to be made by section 1503 of this title, of the day
and hour when, upon filing with the Office, the document was made
available for public inspection. Distribution shall be made at a time
in the morning of the day of distribution fixed by regulations
prescribed under this chapter. The prices to be charged for the Federal
Register may be fixed by the Administrative Committee of the Federal
Register established by section 1506 of this title without reference to
the restrictions placed upon and fixed for the sale of Government
publications by sections 1705 and 1708 of this title.''.
(e) Documents To Be Published in Federal Register.--Section 1505 of
title 44, United States Code, is amended--
(1) in subsection (b)--
(A) in the heading, by striking ``Comments'' and
inserting ``News Commentary''; and
(B) by striking ``comments'' and inserting ``news
commentary''; and
(2) in subsection (c), in the matter following paragraph
(2)--
(A) by inserting ``telecommunications, the
Internet,'' after ``the press, the radio,''; and
(B) by striking ``and two duplicate originals or
two certified copies'' and inserting ``document''.
(f) Administrative Committee of the Federal Register Amendment.--
Section 1506 of title 44, United States Code, is amended to read as
follows:
``Sec. 1506. Administrative Committee of the Federal Register;
establishment and composition; powers and duties
``The Administrative Committee of the Federal Register shall
consist of the Archivist of the United States or Acting Archivist, who
shall chair the committee, an officer of the Department of Justice
designated by the Attorney General, and the Public Printer or Acting
Public Printer. The Director of the Federal Register shall act as
secretary of the committee. The committee shall prescribe, with the
approval of the President, regulations for carrying out this chapter.
The regulations shall provide for, among other things--
``(1) the documents which shall be authorized under section
1505(b) of this title to be published in the Federal Register;
``(2) the manner and form in which the Federal Register
shall be published;
``(3) the manner of distribution to Members of Congress,
officers and employees of the United States, or Federal agency,
for official use, and the number which shall be available for
distribution to the public;
``(4) the prices to be charged for individual copies of,
and subscriptions to, the Federal Register and any reprints and
bound volumes of it;
``(5) the manner and form by which the Federal Register may
receive information and comments from the public, if
practicable and efficient; and
``(6) special editions of the Federal Register.''.
(g) Code of Federal Regulations Amendment.--Section 1510 of title
44, United States Code, is amended to read as follows:
``Sec. 1510. Code of Federal Regulations
``(a) Special Edition for Codification of Agency Documents.--The
Administrative Committee of the Federal Register, with the approval of
the President, may require, from time to time as it considers
necessary, the preparation and publication in a special edition of the
Federal Register a complete codification of the documents of each
agency of the Government having general applicability and legal effect,
issued or promulgated by the agency by publication in the Federal
Register or by filing with the Administrative Committee, and which are
relied upon by the agency as authority for, or are invoked or used by
it in the discharge of, its activities or functions, and are in effect
as to facts arising on or after dates specified by the Administrative
Committee.
``(b) Code of Federal Regulations.--A codification prepared under
subsection (a) of this section shall be published and shall be
designated as the `Code of Federal Regulations'. The Administrative
Committee shall regulate the manner and forms of publishing this
codification.
``(c) Supplementation, Collation, and Republication.--The
Administrative Committee shall regulate the supplementation and the
collation and republication of the codification with a view to keeping
the Code of Federal Regulations as current as practicable. Each unit of
codification shall be supplemented and republished at least once each
calendar year. The Office of the Federal Register may create updates of
each unit of codification from time to time and make the same available
electronically or may provide public access using an electronic edition
that allows a user to select a specific date and retrieve the version
of the codification in effect as of that date.
``(d) Preparation and Publication by the Federal Register.--The
Office of the Federal Register shall prepare and publish the
codifications, supplements, collations, and user aids authorized by
this section.
``(e) Prima Facie Evidence.--The codified documents of the several
agencies published in the Code of Federal Regulations under this
section, as amended by documents subsequently filed with the Office and
published in the daily issues of the Federal Register, shall be prima
facie evidence of the text of the documents and of the fact that they
are in effect on and after the date of publication.
``(f) Regulations.--The Administrative Committee, with approval of
the President, shall issue regulations for carrying out this section.
``(g) Exception.--This section does not require codification of the
text of Presidential documents published and periodically compiled in
supplements to title 3 of the Code of Federal Regulations.''.
(h) Technical and Conforming Amendments.--The table of sections for
chapter 15 of title 44, United States Code, is amended by striking the
items related to sections 1502, 1503, and 1504 and inserting the
following:
``1502. Custody and publishing of Federal documents; appointment of
Director.
``1503. Filing documents with Office; notation of time; public
inspection; transmission for publishing.
``1504. `Federal Register'; publishing; contents; distribution;
price.''.
Passed the House of Representatives July 14, 2014.
Attest:
KAREN L. HAAS,
Clerk. | . Federal Register Modernization Act - Requires the Federal Register to be published (e.g., by electronic means), rather than printed, and that documents in the Federal Register be made available for sale or distribution to the public in published form. Revises requirements for the filing of documents with the Office of the Federal Register for inclusion in the Federal Register and for the publication of the Code of Federal Regulations to reflect the publication requirement. | {"src": "billsum_train", "title": "Federal Register Modernization Act"} | 2,166 | 94 | 0.527204 | 1.220234 | 1.073639 | 2.325301 | 24.698795 | 0.879518 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Employee Ownership
Bank Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) between January 2000 and January 2017, the
manufacturing sector lost 4,929,000 jobs;
(2) as of January 2017, only 12,355,000 workers in the
United States were employed in the manufacturing sector, a
lower number than in July 1941;
(3) at the end of 2016, the United States had a trade
deficit of $502,300,000,000, including a $347,037,900,000 trade
deficit with China;
(4) preserving and increasing decent paying jobs must be a
top priority of Congress;
(5) providing loan guarantees, direct loans, and technical
assistance to employees to buy their own companies will
preserve and increase employment in the United States; and
(6) the time has come to establish the United States
Employee Ownership Bank to preserve and expand jobs in the
United States through Employee Stock Ownership Plans and
worker-owned cooperatives.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Bank'' means the United States Employee
Ownership Bank established under section 4;
(2) the term ``eligible worker-owned cooperative'' has the
meaning given the term in section 1042(c)(2) of the Internal
Revenue Code of 1986;
(3) the term ``employee stock ownership plan'' has the
meaning given the term in section 4975(e)(7) of the Internal
Revenue Code of 1986; and
(4) the term ``Secretary'' means the Secretary of the
Treasury.
SEC. 4. ESTABLISHMENT OF UNITED STATES EMPLOYEE OWNERSHIP BANK WITHIN
THE DEPARTMENT OF THE TREASURY.
(a) Establishment of Bank.--
(1) In general.--Before the end of the 90-day period
beginning on the date of enactment of this Act, the Secretary
shall establish the United States Employee Ownership Bank to
foster increased employee ownership of United States companies
and greater employee participation in company decisionmaking
throughout the United States.
(2) Organization of the bank.--
(A) Management.--The Secretary shall appoint a
Director to serve as the head of the Bank, who shall
serve at the pleasure of the Secretary.
(B) Staff.--The Director appointed under
subparagraph (A) may select, appoint, employ, and fix
the compensation of such employees as are necessary to
carry out the functions of the Bank.
(b) Duties of Bank.--The Bank is authorized to provide direct loans
and loan guarantees, which may be subordinated to the interests of all
other creditors--
(1) to purchase a company through an employee stock
ownership plan or an eligible worker-owned cooperative, which
shall be at least 51 percent employee owned, or will become at
least 51 percent employee owned as a result of financial
assistance from the Bank;
(2) to allow a company that is less than 51 percent
employee owned to become at least 51 percent employee owned;
(3) to allow a company that is already at least 51 percent
employee owned to increase the level of employee ownership at
the company; and
(4) to allow a company that is already at least 51 percent
employee owned to expand operations and increase or preserve
employment.
(c) Preconditions.--Before the Bank makes any subordinated loan or
guarantees a loan under subsection (b)(1), a business plan shall be
submitted to the Bank that--
(1) shows that--
(A) not less than 51 percent of all interests in
the company is or will be owned or controlled by an
employee stock ownership plan or eligible worker-owned
cooperative;
(B) the board of directors of the company is or
will be elected by shareholders on a 1 share to 1 vote
basis, or by members of the eligible worker-owned
cooperative on a 1 member to 1 vote basis, except that
shares held by the employee stock ownership plan will
be voted according to section 409(e) of the Internal
Revenue Code of 1986, with participants providing
voting instructions to the trustee of the employee
stock ownership plan in accordance with the terms of
the employee stock ownership plan and the requirements
of that section 409(e); and
(C) all employees will receive basic information
about company progress and have the opportunity to
participate in day-to-day operations; and
(2) includes a feasibility study from an objective third
party with a positive determination that the employee stock
ownership plan or eligible worker-owned cooperative will
generate enough of a margin to pay back any loan, subordinated
loan, or loan guarantee that was made possible through the
Bank.
(d) Terms and Conditions for Loans and Loan Guarantees.--
Notwithstanding any other provision of law, a loan that is provided or
guaranteed under this section shall--
(1) bear interest at an annual rate, as determined by the
Secretary--
(A) in the case of a direct loan under this
section--
(i) sufficient to cover the cost of
borrowing to the Department of the Treasury for
obligations of comparable maturity; or
(ii) of 4 percent; and
(B) in the case of a loan guaranteed under this
section, in an amount that is equal to the current
applicable market rate for a loan of comparable
maturity; and
(2) have a term not to exceed 12 years.
SEC. 5. EMPLOYEE RIGHT OF FIRST REFUSAL BEFORE PLANT OR FACILITY
CLOSING.
Section 3 of the Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2102) is amended--
(1) in the section heading, by inserting ``; employee stock
ownership plans or eligible worker-owned cooperatives'' after
``layoffs''; and
(2) by adding at the end the following:
``(e) Employee Stock Ownership Plans and Eligible Worker-Owned
Cooperatives.--
``(1) General rule.--Except as provided in paragraph (2),
if an employer orders a plant or facility closing in connection
with the termination of its operations at such plant or
facility, the employer shall offer its employees an opportunity
to purchase such plant or facility through an employee stock
ownership plan (as that term is defined in section 4975(e)(7)
of the Internal Revenue Code of 1986) or an eligible worker-
owned cooperative (as that term is defined in section
1042(c)(2) of the Internal Revenue Code of 1986) that is at
least 51 percent employee owned. The value of the company which
is to be the subject of such plan or cooperative shall be the
fair market value of the plant or facility, as determined by an
appraisal by an independent third party jointly selected by the
employer and the employees. The cost of the appraisal may be
shared evenly between the employer and the employees.
``(2) Exemptions.--Paragraph (1) shall not apply--
``(A) if an employer orders a plant closing, but
will retain the assets of such plant to continue or
begin a business within the United States; or
``(B) if an employer orders a plant closing and
such employer intends to continue the business
conducted at such plant at another plant within the
United States.''.
SEC. 6. REGULATIONS ON SAFETY AND SOUNDNESS AND PREVENTING COMPETITION
WITH COMMERCIAL INSTITUTIONS.
Before the end of the 90-day period beginning on the date of
enactment of this Act, the Secretary shall prescribe such regulations
as are necessary to implement this Act and the amendments made by this
Act, including--
(1) regulations to ensure the safety and soundness of the
Bank; and
(2) regulations to ensure that the Bank will not compete
with commercial financial institutions.
SEC. 7. COMMUNITY REINVESTMENT CREDIT.
Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C.
2903) is amended by adding at the end the following:
``(e) Establishment of Employee Stock Ownership Plans and Eligible
Worker-Owned Cooperatives.--In assessing and taking into account, under
subsection (a), the record of a financial institution, the appropriate
Federal financial supervisory agency may consider as a factor capital
investments, loans, loan participation, technical assistance, financial
advice, grants, and other ventures undertaken by the institution to
support or enable employees to establish employee stock ownership plans
or eligible worker-owned cooperatives (as those terms are defined in
sections 4975(e)(7) and 1042(c)(2) of the Internal Revenue Code of
1986, respectively), that are at least 51 percent employee owned plans
or cooperatives.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act, $500,000,000 for fiscal year 2018, and such sums as may
be necessary for each fiscal year thereafter. | United States Employee Ownership Bank Act This bill requires the Department of the Treasury to establish the U.S. Employee Ownership Bank, which shall be authorized to provide, in accordance with specified terms, conditions, and other requirements, financial assistance to increase employee ownership of a company. In addition, the bill amends the Worker Adjustment and Retraining Notification Act to specify that, in general, if an employer orders the closing of a plant or facility, the employer must offer its employees an opportunity to purchase the plant or facility though an employee stock-ownership plan or an eligible worker-owned cooperative. | {"src": "billsum_train", "title": "United States Employee Ownership Bank Act"} | 1,927 | 142 | 0.462452 | 1.416327 | 0.613279 | 3.33945 | 16.458716 | 0.899083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding America's Families by
Enhancing and Reorganizing New and Efficient Technologies Act of 2006''
or the ``SAFER NET Act''.
SEC. 2. ESTABLISHMENT OF OFFICE.
The Federal Trade Commission shall establish an Office of Internet
Safety and Public Awareness, which shall have responsibility for
programs and activities relating to increasing public awareness and
providing education regarding Internet safety.
SEC. 3. DIRECTOR.
The Office shall be headed by a Director who shall be appointed by
the Commission.
SEC. 4. INTERNET SAFETY.
For purposes of this Act, the issue of Internet safety includes
issues regarding use of the Internet in a manner that promotes safe
online activity, including safe transactions involved in online
commerce, and protects against threats to financial information and
privacy, threats from cyber-crime, and threats to juveniles, including
cyber-predators and material that is inappropriate for minors.
SEC. 5. DUTIES.
(a) Activities.--The Commission, acting through the Office, shall
carry out a nationwide program to increase public awareness and
education regarding Internet safety, for families, businesses,
organizations, and other users, that utilizes existing resources and
efforts of the Federal Government, State and local governments,
nonprofit organizations, private technology and financial companies,
Internet service providers, World Wide Web-based resources, and other
appropriate entities, that includes--
(1) evaluating Internet safety efforts and activities
provided at various levels of government and by other entities;
(2) improving efficiency of Internet safety efforts and
activities, by eliminating redundancy of efforts at various
levels of government and other entities, identifying,
promoting, and expanding effective such efforts and activities
and coordinating among such efforts and activities;
(3) identifying, promoting, and encouraging best practices
for Internet safety;
(4) establishing and carrying out a national outreach and
education campaign regarding Internet safety utilizing various
media and Internet-based resources;
(5) serving as the primary contact in the Federal
Government, and as a national clearinghouse, for information
and public awareness efforts regarding Internet safety;
(6) facilitating access to, and the exchange of,
information regarding Internet safety to promote up-to-date
knowledge regarding current issues;
(7) providing expert advice and consultation to the
Commission regarding Internet safety issues; and
(8) providing assistance, including technical assistance
and financial assistance under subsection (c), to States, units
of local government, schools, police departments, non-profit
organizations, and such other entities as the Office considers
appropriate to promote Internet safety education and public
awareness.
(b) Grants and Contracts.--
(1) Authority.--In carrying out subsection (b), the
Commission, acting through the Office, may make grants, to the
extent amounts are provided in advance in appropriation Acts
for such grants, to, and enter into cooperative agreements,
contracts, and interagency agreements with States, units of
local government, schools, police departments, non-profit
organizations, and such other public and private agencies,
entities, and organizations as the Office considers
appropriate.
(2) Evaluation.--The Commission, acting through the Office,
shall provide for evaluations of projects and activities
carried out with financial assistance provided under paragraph
(1) and for the dissemination of information developed as a
result of such projects.
SEC. 6. ANNUAL REPORTS.
The Commission, acting through the Office, shall submit a report
not later than March 31 of each year that--
(1) describes the activities of the Office during the
preceding calendar year;
(2) contains any evaluations performed pursuant to
subsection (c)(2) for any projects and activities carried out
during the preceding calendar with assistance under subsection
(c)(1);
(3) describes and analyzes the current state, as of the
preparation of such report, of Internet safety, existing and
emerging threats to Internet safety, and costs to the economy
of the United States resulting from preventing, responding to,
eliminating, and otherwise dealing with threats to Internet
safety.
SEC. 7. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Internet.--The term ``Internet'' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio.
(3) Office.--The term ``Office'' means the Office of
Internet Safety and Public Awareness of the Federal Trade
Commission, established by section 2. | Safeguarding America's Families by Enhancing and Reorganizing New and Efficient Technologies Act of 2006 or the SAFER NET Act - Requires the Federal Trade Commission (FTC) to establish an Office of Internet Safety and Public Awareness to be headed by a Director.
Requires the FTC, acting through the Office, to carry out a nationwide program to increase public awareness and education regarding Internet safety, that utilizes existing resources and efforts of all levels of government and other appropriate entities and that includes: (1) evaluating and improving the efficiency of Internet safety efforts provided by such entities; (2) identifying and promoting best practices; (3) establishing and carrying out a national outreach and education campaign; (4) serving as the primary contact in the federal government and as a national clearinghouse for Internet safety information; (5) facilitating access to, and the exchange of, such information; (6) providing expert advice to the FTC; and (7) providing technical, financial, and other appropriate assistance to such entities. | {"src": "billsum_train", "title": "To improve public awareness in the United States regarding safe use of the Internet through the establishment of an Office of Internet Safety and Public Awareness within the Federal Trade Commission."} | 996 | 217 | 0.754243 | 2.335175 | 0.988416 | 4.410256 | 5.092308 | 0.974359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invest in Small Business Act of
2008''.
SEC. 2. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO
QUALIFIED SMALL BUSINESS STOCK.
(a) Increased Exclusion.--
(1) In general.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986 (relating to exclusion) is
amended to read as follows:
``(a) Exclusion.--Gross income shall not include any gain from the
sale or exchange of qualified small business stock held for more than 3
years.''.
(2) Rule relating to stock held among members of controlled
group.--Subsection (c) of section 1202 of such Code is amended
by adding at the end the following new paragraph:
``(4) Stock held among members of 25-percent controlled
group not eligible.--
``(A) In general.--Stock of a member of a 25-
percent controlled group shall not be treated as
qualified small business stock while held by another
member of such group.
``(B) 25-percent controlled group.--For purposes of
subparagraph (A), the term `25-percent controlled
group' means any controlled group of corporations as
defined in section 1563(a)(1), except that--
``(i) `more than 25 percent' shall be
substituted for `at least 80 percent' each
place it appears in section 1563(a)(1), and
``(ii) section 1563(a)(4) shall not
apply.''.
(3) Conforming amendments.--
(A) Subsections (b)(2), (g)(2)(A), and (j)(1)(A) of
section 1202 of such Code are each amended by striking
``5 years'' and inserting ``3 years''.
(B) Section 1223(13) of such Code is amended by
striking ``1202(a)(2)''.
(C) The heading for section 1202 of such Code is
amended by striking ``partial''.
(D) The item relating to section 1202 in the table
of sections for part I of subchapter P of chapter 1 of
such Code is amended to read as follows:
``Sec. 1202. Exclusion for gain from certain small business stock.''.
(b) Repeal of Minimum Tax Preference.--
(1) In general.--Subsection (a) of section 57 of the
Internal Revenue Code of 1986 (relating to items of tax
preference) is amended by striking paragraph (7).
(2) Technical amendment.--Subclause (II) of section
53(d)(1)(B)(ii) of such Code is amended by striking ``, (5),
and (7)'' and inserting ``and (5)''.
(c) Repeal of 28 Percent Capital Gains Rate on Qualified Small
Business Stock.--
(1) In general.--Subparagraph (A) of section 1(h)(4) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(A) collectibles gain, over''.
(2) Conforming amendments.--
(A) Section 1(h) of such Code is amended by
striking paragraph (7).
(B)(i) Section 1(h) of such Code is amended by
redesignating paragraphs (8), (9), (10), (11), (12),
and (13) as paragraphs (7), (8), (9), (10), (11), and
(12), respectively.
(ii) Sections 163(d)(4)(B), 854(b)(5), 857(c)(2)(D)
of such Code are each amended by striking ``section
1(h)(11)(B)'' and inserting ``section 1(h)(10)(B)''.
(iii) The following sections of such Code are each
amended by striking ``section 1(h)(11)'' and inserting
``section 1(h)(10)'':
(I) Section 301(f)(4).
(II) Section 306(a)(1)(D).
(III) Section 584(c).
(IV) Section702(a)(5).
(V) Section 854(a).
(VI) Section 854(b)(2).
(iv) The heading of section 857(c)(2) is amended by
striking ``1(h)(11)'' and inserting ``1(h)(10)''.
(d) Increase Aggregate Asset Limitation for Qualified Small
Businesses.--
(1) In general.--Paragraph (1) of section 1202(d) of the
Internal Revenue Code of 1986 (relating to qualified small
business) is amended by striking ``$50,000,000'' each place it
appears and inserting ``$100,000,000''.
(2) Inflation adjustment.--Section 1202(d) of such Code is
amended by adding at the end the following new paragraph:
``(4) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2009, each of the
$100,000,000 dollar amounts in paragraph (1) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2008'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $1,000, such
amount shall be rounded to the next lowest multiple of
$100.''.
(e) Effective Date.--
(1) In general.--The amendments made by this section apply
to stock issued after December 31, 2008.
(2) Special rule for stock issued before january 1, 2009.--
The amendments made by subsections (a), (b), and (c) shall
apply to sales or exchanges--
(A) made after December 31, 2008,
(B) of stock issued on or before such date, and
(C) by a taxpayer other than a corporation. | Invest in Small Business Act of 2008 - Amends the Internal Revenue Code to: (1) increase the exclusion from gross income of the gain from the sale or exchange of qualified small business stock from 50 to 100% of such gain and reduce the holding period for such stock from five to three years; (2) disqualify stock held by members of a 25% controlled group of corporations for such tax exclusion; (3) repeal gain from the sale or exchange of qualified small business stock as an item of tax preference for purposes of the alternative minimum tax; (4) repeal the maximum 28% tax rate on gain from the sale or exchange of qualified small business stock; and (5) increase to $100 million (adjusted for inflation after 2009) the aggregate asset limitation for determining eligibility of the stock of corporations for qualified small business stock tax treatment. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the partial exclusion for gain from certain small business stocks."} | 1,419 | 172 | 0.549555 | 1.448534 | 0.751061 | 2.75 | 7.113095 | 0.869048 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Animal Emergency Planning Act of
2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Hurricanes Katrina and Sandy, as well as other recent
natural and man-made disasters, have highlighted the need for
planning to minimize the impact of disasters.
(2) Lack of preparedness in times of disaster can have
especially devastating effects on animals and the people who
risk their lives to protect them.
(3) Local first-responders, non-governmental agencies, and
private individuals most often shoulder the cost and
responsibility of animals affected by disasters.
(4) It is reasonable to ask those who use animals
commercially to demonstrate a level of readiness to protect the
animals under their care.
SEC. 3. REQUIREMENT THAT COVERED ENTITIES DEVELOP AND IMPLEMENT
EMERGENCY CONTINGENCY PLANS.
(a) In General.--The Animal Welfare Act (7 U.S.C. 2131 et seq.) is
amended by adding at the end the following:
``SEC. 30. ANIMAL EMERGENCY PLANNING.
``(a) Covered Person.--For purposes of this section, the term
`covered person' means a research facility, dealer, exhibitor,
intermediate handler, carrier, or Federal research facility.
``(b) Contingency Plan.--Each covered person shall develop,
document, and follow a contingency plan to provide for the humane
handling, treatment, transportation, housing, and care of its animals
in the event of an emergency or disaster. Such a contingency plan
shall--
``(1) identify situations that the covered person might
experience, including natural disasters and emergencies such as
electrical outages, faulty HVAC systems, fires, mechanical
breakdowns, and animal escapes, that would trigger the need for
the measures identified in the contingency plan to be put into
action;
``(2) outline specific tasks to be carried out in response
to the identified emergencies or disasters, including detailed
animal evacuation or shelter-in-place instructions and
provisions for providing backup sources of food and water as
well as sanitation, ventilation, bedding, and veterinary care;
``(3) establish a chain of command and identify the
individuals responsible for fulfilling the tasks described in
paragraph (2); and
``(4) address how response and recovery will be handled in
terms of materials, resources, and training needed.
``(c) Annual Review.--Each covered person shall--
``(1) review its contingency plan on at least an annual
basis to ensure that it adequately addresses the criteria
described in subsection (b); and
``(2) maintain documentation of the annual reviews and any
amendments or changes made to its contingency plan since the
previous year's review.
``(d) Training.--Each covered person shall--
``(1) train its personnel in their roles and
responsibilities as outlined in the contingency plan;
``(2) communicate any changes in the contingency plan to
personnel through training within 30 days after making the
changes; and
``(3) maintain documentation of its personnel's
participation in and successful completion of the training
required by this subsection.
``(e) Availability of Documentation.--
``(1) In general.--Each covered person shall submit its
contingency plan, as well as any documentation described in
subsections (c)(2) and (d)(3), to the Secretary annually.
``(2) While traveling.--A covered person engaged in travel
must carry a copy of its contingency plan with it at all times
and make it available for inspection by the Secretary while in
travel status.''.
(b) Regulations.--
(1) Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture of the United States
shall promulgate such regulations as the Secretary determines
to be necessary to carry out section 30 of the Animal Welfare
Act, as added by subsection (a) of this Act.
(2) The regulations described in paragraph (1) shall be
made without regard to the rulemaking procedures under section
553 of title 5, United States Code.
(c) No Preemption.--Nothing in this Act or the amendments made by
this Act preempts any law (including a regulation) of a State, or a
political subdivision of a State, containing requirements that provide
equivalent or greater protection for animals than the requirements of
this Act or the amendments made by this Act.
(d) Effective Date.--The amendments made by subsection (a) shall
apply to covered persons (as defined in such subsection) beginning on
the date that is 30 days after the date of enactment of this Act. | Animal Emergency Planning Act of 2014 - Amends the Animal Welfare Act to require research facilities, dealers, exhibitors, intermediate handlers, and carriers (covered persons) to develop, document, and follow a contingency plan to provide for the humane handling, treatment, transportation, housing, and care of their animals in the event of an emergency or disaster. Requires the plan to: identify situations that the covered person might experience, including natural disasters and emergencies, that would trigger the need to implement the measures identified in the plan; outline tasks to be carried out in response to emergencies or disasters, including animal evacuation or shelter-in-place instructions and provisions for providing backup sources of food and water as well as sanitation, ventilation, bedding, and veterinary care; establish a chain of command and identify the individuals responsible for fulfilling the tasks; and address how response and recovery will be handled in terms of materials, resources, and training needed. Requires covered persons to review their plan at least annually to ensure compliance with this Act, and train personnel in their roles and responsibilities as outlined in the plan, and promptly provide training when the plan changes. Prohibits this Act from preempting state law that provides greater protection for animals. | {"src": "billsum_train", "title": "Animal Emergency Planning Act of 2014"} | 1,026 | 263 | 0.695886 | 2.126414 | 1.01041 | 5.792531 | 4 | 0.912863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Precision Agriculture Connectivity
Act of 2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Precision agriculture technologies and practices allow
farmers to significantly increase crop yields, eliminate
overlap in operations, and reduce inputs such as seed,
fertilizer, pesticides, water, and fuel.
(2) These technologies allow farmers to collect data in
real time about their fields, automate field management, and
maximize resources.
(3) Studies estimate that precision agriculture
technologies can reduce agricultural operation costs by up to
25 dollars per acre and increase farm yields by up to 70
percent by 2050.
(4) The critical cost savings and productivity benefits of
precision agriculture cannot be realized without the
availability of reliable broadband Internet access service
delivered to the agricultural land of the United States.
(5) The deployment of broadband Internet access service to
unserved agricultural land is critical to the United States
economy and to the continued leadership of the United States in
global food production.
(6) Despite the growing demand for broadband Internet
access service on agricultural land, broadband Internet access
service is not consistently available where needed for
agricultural operations.
(7) The Federal Communications Commission has an important
role to play in the deployment of broadband Internet access
service on unserved agricultural land to promote precision
agriculture.
SEC. 3. TASK FORCE.
(a) Definitions.--In this section--
(1) the term ``broadband Internet access service'' has the
meaning given the term in section 8.2 of title 47, Code of
Federal Regulations, or any successor regulation;
(2) the term ``Commission'' means the Federal
Communications Commission;
(3) the term ``Department'' means the Department of
Agriculture;
(4) the term ``Secretary'' means the Secretary of
Agriculture; and
(5) the term ``Task Force'' means the Task Force for
Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States established under subsection
(b).
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Commission shall establish the Task Force
for Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States.
(c) Duties.--
(1) In general.--The Task Force shall consult with the
Secretary, or a designee of the Secretary, and collaborate with
public and private stakeholders in the agriculture and
technology fields to--
(A) identify and measure current gaps in the
availability of broadband Internet access service on
agricultural land;
(B) develop policy recommendations to promote the
rapid, expanded deployment of broadband Internet access
service on unserved agricultural land, with a goal of
achieving reliable capabilities on 95 percent of
agricultural land in the United States by 2025;
(C) promote effective policy and regulatory
solutions that encourage the adoption of broadband
Internet access service on farms and ranches and
promote precision agriculture;
(D) recommend specific new rules or amendments to
existing rules of the Commission that the Commission
should issue to achieve the goals and purposes of the
policy recommendations described in subparagraph (B);
(E) recommend specific steps that the Commission
should take to obtain reliable and standardized data
measurements of the availability of broadband Internet
access service as may be necessary to target funding
support, from future programs of the Commission
dedicated to the deployment of broadband Internet
access service, to unserved agricultural land in need
of broadband Internet access service; and
(F) recommend specific steps that the Commission
should consider to ensure that the expertise of the
Secretary and available farm data are reflected in
future programs of the Commission dedicated to the
infrastructure deployment of broadband Internet access
service and to direct available funding to unserved
agricultural land where needed.
(2) No duplicate data reporting.--In performing the duties
of the Commission under paragraph (1), the Commission shall
ensure that no provider of broadband Internet access service is
required to report data to the Commission that is, on the day
before the date of enactment of this Act, required to be
reported by the provider of broadband Internet access service.
(3) Hold harmless.--The Task Force and the Commission shall
not interpret the phrase ``future programs of the Commission'',
as used in subparagraphs (E) and (F) of paragraph (1), to
include the universal service programs of the Commission
established under section 254 of the Communications Act of 1934
(47 U.S.C. 254).
(4) Consultation.--The Secretary, or a designee of the
Secretary, shall explain and make available to the Task Force
the expertise, data mapping information, and resources of the
Department that the Department uses to identify cropland,
ranchland, and other areas with agricultural operations that
may be helpful in developing the recommendations required under
paragraph (1).
(5) List of available federal programs and resources.--Not
later than 180 days after the date of enactment of this Act,
the Secretary and the Commission shall jointly submit to the
Task Force a list of all Federal programs or resources
available for the expansion of broadband Internet access
service on unserved agricultural land to assist the Task Force
in carrying out the duties of the Task Force.
(d) Membership.--
(1) In general.--The Task Force shall be--
(A) composed of not more than 15 voting members who
shall--
(i) be selected by the Chairman of the
Commission; and
(ii) include--
(I) agricultural producers
representing diverse geographic regions
and farm sizes, including owners and
operators of farms of less than 100
acres;
(II) an agricultural producer
representing tribal agriculture;
(III) Internet service providers,
including regional or rural fixed and
mobile broadband Internet access
service providers and
telecommunications infrastructure
providers;
(IV) representatives from the
electric cooperative industry;
(V) representatives from the
satellite industry;
(VI) representatives from precision
agriculture equipment manufacturers,
including drone manufacturers,
manufacturers of autonomous
agricultural machinery, and
manufacturers of farming robotics
technologies; and
(VII) representatives from State
and local governments; and
(B) fairly balanced in terms of technologies,
points of view, and fields represented on the Task
Force.
(2) Period of appointment; vacancies.--
(A) In general.--A member of the Committee
appointed under paragraph (1)(A) shall serve for a
single term of 2 years.
(B) Vacancies.--Any vacancy in the Task Force--
(i) shall not affect the powers of the Task
Force; and
(ii) shall be filled in the same manner as
the original appointment.
(3) Ex-officio member.--The Secretary, or a designee of the
Secretary, shall serve as an ex-officio, nonvoting member of
the Task Force.
(e) Reports.--Not later than 1 year after the date on which the
Commission establishes the Task Force, and annually thereafter, the
Task Force shall submit to the Chairman of the Commission a report,
which shall be made public not later than 30 days after the date on
which the Chairman receives the report, that details--
(1) the status of fixed and mobile broadband Internet
access service coverage of agricultural land;
(2) the projected future connectivity needs of agricultural
operations, farmers, and ranchers; and
(3) the steps being taken to accurately measure the
availability of broadband Internet access service on
agricultural land and the limitations of current, as of the
date of the report, measurement processes.
(f) Termination.--The Commission shall renew the Task Force every 2
years until the Task Force terminates on January 1, 2025.
Passed the Senate December 6, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 2343
_______________________________________________________________________
AN ACT
To require the Federal Communications Commission to establish a task
force for meeting the connectivity and technology needs of precision
agriculture in the United States. | Precision Agriculture Connectivity Act of 2018 (Sec. 3) This bill requires the Federal Communications Commission (FCC) to establish the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States. The task force must identify current gaps in the availability of broadband Internet access service on agricultural land and recommend policies to expand its deployment. The Department of Agriculture and the FCC shall jointly submit to the task force a list of all federal programs or resources available for the expansion of broadband Internet access service on unserved agricultural land. The FCC shall renew the task force every two years until it terminates on January 1, 2025. | {"src": "billsum_train", "title": "Precision Agriculture Connectivity Act of 2018"} | 1,659 | 136 | 0.654767 | 1.786872 | 0.693298 | 4.674797 | 14.01626 | 0.902439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Barbara McClintock AIDS Cure Act''.
SEC. 2. ESTABLISHMENT OF BARBARA MCCLINTOCK PROJECT FOR CURING AIDS.
(a) In General.--The Secretary of Health and Human Services shall
in accordance with this Act establish a project for the purpose of
developing a cure for acquired immune deficiency syndrome (in this Act
referred to as ``AIDS''). The program may not be administered by any
officer or employee of the National Institutes of Health. Subject to
the preceding sentence, the Secretary shall designate an official of
the Department of Health and Human Services to be the head of such
project, and shall carry out this Act acting through such official.
(b) Definition.--For purposes of this Act, the term ``cure'', with
respect to AIDS, means any and all approaches which will ensure a well-
functioning immune system and a normal life span with a reasonable
quality of life.
(c) Certain Requirements.--The Secretary, in carrying out the
project under subsection (a), shall ensure that the following
requirements are met:
(1) The project shall pursue any and all basic science
investigations, based on diverse theories and schools of
thought which elucidate the pathogenesis of AIDS.
(2) The project shall identify, based on this work, all
promising curatives and to oversee their timely and adequate
testing through the extraordinary powers detailed in section 5.
SEC. 3. EFFICIENT AND COOPERATIVE MANAGEMENT OF PROJECT.
(a) In General.--The Secretary, in carrying out the project under
section 2, shall ensure that the following requirements are met:
(1) The project shall establish one central location for
its work. All primary research staff shall work at that
location; contributing researchers located around the world
shall interact via video teleconferencing, an international
computer network, and regularly scheduled face-to-face
meetings.
(2) The National Institute of Health's existing AIDS
research programs shall be maintained. All National Institute
of Health basic science research supplementary to that done by
the Project shall be performed cooperatively with the project.
(3)(A) All primary research staff and administrators shall
be financially compensated only by the project and may not have
conflicts of interests with private organizations (including
but not limited to universities, pharmaceutical companies, and
private research organizations).
(B) All primary research staff and administrators shall be
required to suspend their relationship with any private
organizations for the duration of their association with the
project. Policy council members shall be required to suspend
their relationship with for-profit organizations which
represent a conflict of interest.
(C) These requirements shall include full-time, part-time,
or consultant positions with a private organization or other
government agencies, and the suspension would include
employment, consulting or board membership fees, and stock or
business ownership.
(4) The project shall be funded by public, not private
monies. Appropriations for the project shall not be diverted
from other health care or human service programs.
(5) The project shall, in addition to basic research
investigations, operate an on-site clinic to conduct small
scale research trials with human participants in such trials
are crucial for testing hypotheses related to its basic
research.
(b) Governing Council.--
(1) In general.--The project under section 2 shall be
governed by, not merely advised by, a council composed of
scientists and clinicians representing divergent approaches,
and people with AIDS and HIV, and their advocates, from all
affected communities. This council shall set policy and oversee
research priorities, ethical standards, conflict of interest
rules and hiring of researchers.
(2) Certain authorities.--The Secretary shall ensure that
the following requirements are met with respect to the council
under paragraph (1):
(A) The council shall be composed of scientists
representing divergent approaches, clinicians with both
research and community-based experience and people with
AIDS and HIV and their advocates.
(B) The council shall have at least 21 members in
order to adequately represent diverse communities,
opinions and disciplines. People with AIDS and HIV from
diverse communities shall be in the majority to ensure
that the project staff are ultimately accountable to
people directly affected by the course and outcome of
the research. Council members shall step down and be
replaced by new members on a regular basis.
(C) The Council shall set policy for and oversee
research priorities. It shall develop guidelines for
and oversee the hiring of primary research staff,
ensuring both high quality (scientific credentials and
experience) and a diversity of disciplines and
perspectives. Have pursued specific AIDS theories shall
not be a necessary prerequisite for hiring. The Council
shall have the power to create new research positions
when necessary and to remove scientists from their
positions after due process and appropriate review of
their work.
(D) The Council shall be charged with evaluating
the work of the project, as well as the pace of the
research, to insure that it matches the urgency of the
epidemic. Initially, and throughout the life of the
project, the Council, in cooperation with the primary
research staff, shall solicit and evaluate all new
theories developed outside the Project. It shall direct
the Project scientists to evaluate and respond to
deserving proposals and to devise new research plans
where desirable.
(E) The council shall adopt strict, detained codes
governing medical ethics and conflicts of interest and
shall monitor compliance with these codes. Project
scientists shall report directly to the council about
the progress of their work in a manner to be determined
by the council. The council shall report directly to
the President about the progress of the project.
(F) Council meetings, including those at which all
decisions are made, shall be public and shall be held
at least quarterly, with time allotted for public
comment. In addition, the Council shall hold an annual
public hearing on its priorities and progress. A
complete report of the project's goals and
accomplishments shall be updated by the Council,
submitted to the President and released to the public
at least once quarterly. The Council shall evaluate its
structure and process at least once per year and make
changes which allow it to function more effectively.
(c) Coordinating Council.--The Secretary shall ensure that a
coordinating committee is established for the project under section 2,
in accordance with the following:
(1) The community of scientists selected for the project
shall elect three of their members to serve as the coordinating
committee for the project, and determine whether these
positions should be permanent or rotating.
(2) The coordinating committee shall be responsible for
facilitating communication among the different scientists
working on the project, for evaluating the progress of its
work, and for convening the entire staff on some regular
schedule (or when necessary) to evaluate the progress of the
project as a whole, reevaluate its direction, and to consider
newly developed theories emanating from both within and outside
the project.
(3) The coordinating committee shall also be responsible
for keeping the policy council informed of the progress of the
project's work, at times and in a manner to be determined by
the policy council. The coordinating committee shall also make
decisions regarding the hiring of research associates,
technical staff, purchases of equipment and other day-to-day
needs.
(4) The first task of the coordinating committee shall be
to facilitate an intensive preliminary review, lasting no more
than three months, of all existing pathogenesis hypotheses, as
well as other relevant information about AIDS pathogenesis. At
the end of this review, the primary research staff shall
collectively develop plans for evaluating and testing each of
the viable hypotheses, including timelines for evaluating the
progress of this work.
SEC. 4. OPEN AND PRODUCTIVE RESEARCH PATHS.
The Secretary, in carrying out the project under section 2, shall
ensure that the following requirements are met:
(1)(A) Equal consideration shall be given to conventional
and other medical approaches and scientific theories, and
researchers representing divergent approaches shall be on the
primary research staff well as be contributing researchers.
(B) The project shall aggressively pursue research into all
areas of AIDS pathogenesis. The two broad categories of
theories to be researched by the project are--
(i) understudied virological/immunological theories
about how immune system damage occurs; and
(ii) theories about co-factors which may precede,
activate or even substitute for HIV in the process of
immune system damage leading to AIDS.
(C) Further work shall be done on the potential role of
recreational drugs (including alcohol) in progression.
Nutritional research must also be included in the Project.
Several chemical and heavy-metal toxins (including cigarette
smoke) must be explored. Psychoneuroimmunology and its
connections between psychological stress, lack of social
support, and immune compromise, shall be studied.
(D) Examination shall be given to the full spectrum of
pathogenesis theories, from those maintaining that HIV is the
sole and sufficient cause to those considering HIV a primary
cause together with co-factors to those believing that HIV does
not necessarily play a causative role.
(E) A diversity of theories should be developed and tested
through both laboratory experiments and epidemiological
research, including careful examination of existing medical
records of people with HIV and AIDS.
(F) Researchers shall research epidemiological and blood
studies of long-term survivors from diverse populations to
attempt to isolate the factors that have sustained them.
Subjective evidence, including asking people with AIDS and HIV
and their care providers what factors they think may be playing
a role, and how the factors may have interacted, shall be
collected to supplement, and help to synthesize quantifiable
data.
(G) Consideration shall be given to the hypotheses and
results obtained in other countries, and the best and brightest
researchers from other countries shall be aggressively pursued
by the project. This may include agreements by another country
to reassign particular researchers to the project for an
indefinite commitment. The project's progress shall not await
the conclusion of such international agreements.
(2) The project's study of AIDS pathogenesis and
manifestations must focus on all populations of people with
AIDS and HIV. Equal consideration shall be given to the
differences between these populations as to their similarities
or ``norms''. This includes women, children, gay men, lesbians,
people of color (of various affected national-cultural groups),
injection drug users, hemophiliacs and people with inadequate
medical care and/or nutrition.
(3) Basic science investigations and therapeutic results
shall be geared to people at every point on the spectrum of
AIDS and HIV--from the sickest to the healthiest. Saving people
considered ``near death'' must be considered as important as
early intervention.
(4) Information generated by the Project shall be made
freely available to researchers, health care providers, people
with AIDS and HIV and their advocates as soon as it is
available, without being inhibited by professional publication
practices.
(5) Curatives ultimately released due primarily to project
research shall not result in financial gain to any private
organization, and shall be made available to all affected
people regardless of ability to pay.
SEC. 5. EXTRAORDINARY POWERS.
In carrying out the project under section 2, the Secretary shall
have extraordinary powers to carry out the following:
(1)(A) Direct the utilization of any and all existing
United States Government funded research entities and their
facilities to clinically test promising cures developed on the
basis of its research and to direct the manner in which such
research shall proceed, including staffing, participants,
location, and timing. Such research shall be funded by the
project.
(B) The project shall design its own protocols and work
with these existing clinical trial programs to develop research
designs and methods appropriate to the project's goals,
assuring that data gathered by the NIH would accurately reflect
the use of these compounds in all populations and stages of
illness.
(C) The project shall provide funding for these clinical
trials of its own compounds. In areas of conflict, the project
shall have the power to implement its goals.
(2) Exercise the right of eminent domain to carry out the
following:
(A) Obtain from public and private organizations,
with just compensation, samples of all potential
curatives and all data regarding their development
(including safety and efficacy data) as well as other
information, materials, or products deemed crucial to
the Project.
(B) Implement clinical testing for potential
curatives owned by private companies, whether under
development or not, unless said companies adhere to an
approved time frame and are forthcoming with their data
as such work proceeds.
(C) Use existing pharmaceutical company facilities
(with just compensation) for the production of
promising curatives to be utilized in project research
and, if effective, to produce such curatives in
sufficient amounts to be disseminated to all people
needing them.
(D) If a drug company is found to be impeding or
halting the development of a promising compound, the
project shall first attempt to work with the company to
develop the needed timetable for research and trials. A
company lacking the resources to develop a compound
shall have the option of selling the compound to the
project for a just compensation, or allowing portions
of its development to be undertaken by the project.
(E) If, however, a company refuses to cooperate
with the project by not releasing needed data, or by
withholding samples of requested compounds, the project
is authorized to use powers of eminent domain to
procure samples and data. The project shall have the
power to obtain the patents of such compounds if, after
reasonable attempts at cooperation, it finds that a
company will not develop a promising compound in an
accelerated fashion. After notification by the project
that this power will be used, a company shall have 30
days in which to develop, for the project's approval, a
plan for accelerated development of the compound to
avoid losing its patent.
SEC. 6. PLANNING FUNDS.
Funds shall be allocated immediately to be used for planning of the
project under section 2 (including creating facilities, selection of
staff, funding, structure, and schedules), so that the project can
begin functioning as soon as is possible. | Barbara McClintock AIDS Cure Act - Directs the Secretary of Health and Human Services to establish a project to develop a cure for acquired immune deficiency syndrome (AIDS). Prohibits the program from being administered by any officer or employee of the National Institutes of Health.
Requires the Secretary to ensure that the project: (1) pursues all basic science investigations, based on diverse theories and schools of thought which elucidate the pathogenesis of AIDS; and (2) identifies, based on this work, all promising curatives and oversees their timely and adequate testing.
Establishes a governing council to set policy and oversee research priorities, ethical standards, conflict of interest rules, and hiring of researchers.
Establishes a coordinating committee to facilitate communication among the different scientists working on the project, evaluate the progress of its work, and convene the entire staff on some regular schedule (or when necessary) to evaluate the progress of the project as a whole, reevaluate its direction, and consider newly developed theories emanating from both within and outside the project.
Grants the Secretary extraordinary powers in carrying out such project. | {"src": "billsum_train", "title": "Barbara McClintock AIDS Cure Act"} | 3,003 | 250 | 0.615937 | 2.070605 | 1.062818 | 5.235849 | 14.014151 | 0.943396 |
SECTION 1. ACCESSING, SHARING, AND USING HEALTH DATA FOR RESEARCH
PURPOSES.
(a) In General.--The HITECH Act (title XIII of division A of Public
Law 111-5) is amended by adding at the end of subtitle D of such Act
(42 U.S.C. 17921 et seq.) the following:
``PART 4--ACCESSING, SHARING, AND USING HEALTH DATA FOR RESEARCH
PURPOSES
``SEC. 13441. REFERENCES.
``In this part:
``(a) The Rule.--References to `the Rule' refer to part 160 or part
164, as appropriate, of title 45, Code of Federal Regulations (or any
successor regulation).
``(b) Part 164.--References to a specified section of `part 164',
refer to such specified section of part 164 of title 45, Code of
Federal Regulations (or any successor section).
``SEC. 13442. DEFINING HEALTH DATA RESEARCH AS PART OF HEALTH CARE
OPERATIONS.
``(a) In General.--Subject to subsection (b), the Secretary shall
revise or clarify the rule to allow the use and disclosure of protected
health information by a covered entity for research purposes, including
studies whose purpose is to obtain generalizable knowledge, to be
treated as the use and disclosure of such information for health care
operations described in subparagraph (1) of the definition of health
care operations in section 164.501 of part 164.
``(b) Modifications to Rules for Disclosures for Health Care
Operations.--In applying section 164.506 of part 164 to the disclosure
of protected health information described in subsection (a)--
``(1) the Secretary shall revise or clarify the Rule so
that the disclosure may be made by the covered entity to only--
``(A) another covered entity for health care
operations (as defined in such section 164.501 of part
164);
``(B) a business associate that has entered into a
contract under section 164.504(e) of part 164 with a
disclosing covered entity to perform health care
operations; or
``(C) a business associate that has entered into a
contract under section 164.504(e) of part 164 for the
purpose of data aggregation (as defined in such section
164.501 of part 164); and
``(2) the Secretary shall further revise or clarify the
Rule so that the limitation specified by section 164.506(c)(4)
of part 164 does not apply to disclosures that are described by
subsection (a).
``(c) Rule of Construction.--This section shall not be construed as
prohibiting or restricting a use or disclosure of protected health
information for research purposes that is otherwise permitted under
part 164.
``SEC. 13443. TREATING DISCLOSURES OF PROTECTED HEALTH INFORMATION FOR
RESEARCH SIMILARLY TO DISCLOSURES OF SUCH INFORMATION FOR
PUBLIC HEALTH PURPOSES.
``(a) Remuneration.--The Secretary shall revise or clarify the Rule
so that disclosures of protected health information for research
purposes are not subject to the limitation on remuneration described in
section 164.502(a)(5)(ii)(B)(2)(ii) of part 164.
``(b) Permitted Uses and Disclosures.--The Secretary shall revise
or clarify the Rule so that research activities, including comparative
research activities, related to the quality, safety, or effectiveness
of a product or activity that is regulated by the Food and Drug
Administration are included as public health activities for purposes of
which a covered entity may disclose protected health information to a
person described in section 164.512(b)(1)(iii) of part 164.
``SEC. 13444. PERMITTING REMOTE ACCESS TO PROTECTED HEALTH INFORMATION
BY RESEARCHERS.
``The Secretary shall revise or clarify the Rule so that
subparagraph (B) of section 164.512(i)(1)(ii) of part 164 (prohibiting
the removal of protected health information by a researcher) shall not
prohibit remote access to health information by a researcher so long
as--
``(1) appropriate security and privacy safeguards are
maintained by the covered entity and the researcher; and
``(2) the protected health information is not copied or
otherwise retained by the researcher.
``SEC. 13445. ALLOWING ONE-TIME AUTHORIZATION OF USE AND DISCLOSURE OF
PROTECTED HEALTH INFORMATION FOR RESEARCH PURPOSES.
``(a) In General.--The Secretary shall revise or clarify the Rule
to specify that an authorization for the use or disclosure of protected
health information, with respect to an individual, for future research
purposes shall be deemed to contain a sufficient description of the
purpose of the use or disclosure if the authorization--
``(1) sufficiently describes the purposes such that it
would be reasonable for the individual to expect that the
protected health information could be used or disclosed for
such future research;
``(2) either--
``(A) states that the authorization will expire on
a particular date or on the occurrence of a particular
event; or
``(B) states that the authorization will remain
valid unless and until it is revoked by the individual;
and
``(3) provides instruction to the individual on how to
revoke such authorization at any time.
``(b) Revocation of Authorization.--The Secretary shall revise or
clarify the Rule to specify that, if an individual revokes an
authorization for future research purposes such as is described by
subsection (a), the covered entity may not make any further uses or
disclosures based on that authorization, except, as provided in
paragraph (b)(5) of section 164.508 of part 164, to the extent that the
covered entity has taken action in reliance on the authorization.''.
(b) Revision of Regulations.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of Health and Human
Services shall revise and clarify the provisions of title 45, Code of
Federal Regulations, for consistency with part 4 of subtitle D of the
HITECH Act, as added by subsection (a). | This bill amends the HITECH Act to require the Department of Health and Human Services (HHS) to revise or clarify the privacy rule established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to allow the use and disclosure of protected health information for research purposes without the individual's authorization, approval from an Institutional Review Board or Privacy Board, or representations from the researcher regarding limited use of the information. These disclosures may only be made to entities subject to HIPAA for health care operations or to business associates that are complying with the privacy rule for health care operations or data aggregation. There is no limitation on payments for these disclosures. Currently, payment is limited to the cost to prepare and transmit the information. An individual's protected health information may be disclosed without the authorization or agreement of the individual for research related to a product or activity that is regulated by the Food and Drug Administration. A researcher is allowed remote access to protected health information if security and privacy safeguards are maintained and the researcher does not retain the information. An individual's authorization to use protected health information for future research is sufficient for a research purpose if the authorization reasonably describes the research and provides instruction to the individual on how to revoke the authorization. | {"src": "billsum_train", "title": "To amend the HITECH Act with respect to accessing, sharing, and using health data for research purposes."} | 1,468 | 272 | 0.499754 | 1.575483 | 0.703386 | 2.594142 | 4.995816 | 0.803347 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Wireless Spectrum
Availability Act''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Public safety.--The term ``public safety'' means fire,
police, or emergency medical service including critical care
medical telemetry, and such other services related to public
safety as the Commission may include within the definition of
public safety for purposes of this Act.
(3) Private wireless.--The term ``private wireless''
encompasses all land mobile telecommunications systems operated
by or through industrial, business, transportation,
educational, philanthropic or ecclesiastical organizations
where these systems, the operation of which may be shared, are
for the licensees' internal use, rather than subscriber-based
Commercial Mobile Radio Services (CMRS) systems.
(4) Spectrum lease fee.--The term ``spectrum lease fee''
means a periodic payment for the use of a given amount of
electromagnetic spectrum in a given area in consideration of
which the user is granted a license for such use.
SEC. 3. FINDINGS.
The Congress finds that:
(1) Private wireless communications systems enhance the
competitiveness of American industry and business in
international commerce, promote the development of national
infrastructure, improve the delivery of products and services
to consumers in the United States and abroad, and contribute to
the economic and social welfare of citizens of the United
States.
(2) The highly specialized telecommunications requirements
of licensees in the private wireless services would be served,
and a more favorable climate would be created for the
allocation of additional electromagnetic spectrum for those
services if an alternative license administration methodology,
in addition to the existing competitive bidding process, were
made available to the Commission.
SEC. 4. SPECTRUM LEASING FEES.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end thereof the following:
``SEC. 12. SPECTRUM LEASE FEE PROGRAM.
``(a) Spectrum Lease Fees.--
``(1) In general.--Within 6 months after the date of
enactment of the Private Wireless Spectrum Availability Act,
the Commission shall by rule--
``(A) implement a system of spectrum lease fees
applicable to newly allocated frequency bands, as
described in section 5 of the Private Wireless Spectrum
Availability Act, assigned to systems (other than
public safety systems (as defined in section 2(2) of
the Private Wireless Spectrum Availability Act)) in
private wireless service;
``(B) provide appropriate incentives for licensees
to confine their radio communications to the area of
operation actually required for that communication; and
``(C) permit private land mobile frequency advisory
committees certified by the Commission to assist in the
computation, assessment, collection, and processing of
amounts received under the system of spectrum lease
fees.
``(2) Formula.--The Commission shall include as a part of
the rulemaking carried out under paragraph (1)--
``(A) a formula to be used by private wireless
licensees and certified frequency advisory committees
to compute spectrum lease fees; and
``(B) an explanation of the technical factors
included in the spectrum lease fee formula, including
the relative weight given to each factor.
``(b) Fee Basis.--
``(1) Initial fees.--Fees assessed under the spectrum lease
fee system established under subsection (a) shall be based on
the approximate value of the assigned frequencies to licensees.
In assessing the value of the assigned frequencies to licensees
under this subsection, the Commission shall take into account
all relevant factors, including the amount of assigned
bandwidth, the coverage area of a system, the geographic
location of the system, and the degree of frequency sharing
with other licensees in the same area. These factors shall be
incorporated in the formula described in subsection (a)(2).
``(2) Adjustment of fees.--The Commission may adjust the
formula developed under subsection (a)(2) whenever it
determines that adjustment is necessary in order to calculate
the lease fees more accurately or fairly.
``(3) Fee cap.--The spectrum lease fees shall be set so
that, over a 10-year license term, the amount of revenues
generated will not exceed the revenues generated from the
auction of comparable spectrum. For purposes of this paragraph,
the `comparable spectrum' shall mean spectrum located within
500 megahertz of that spectrum licensed in a concluded auction
for mobile radio communication licenses.
``(c) Application to Private Wireless Systems.--After the
Commission has implemented the spectrum leasing fee system under
subsection (a) and provided licensees access to new spectrum as defined
in section 6(c)(2) of the Private Wireless Spectrum Availability Act,
it shall assess the fees established for that system against all
licensees authorized in any new frequency bands allocated for private
wireless use.''.
SEC. 5. SPECTRUM LEASE FEE PROGRAM INITIATION.
(a) In General.--The Commission shall allocate for use in the
spectrum lease fee program under section 12 of the Communications Act
of 1934 (47 U.S.C. 162) not less than 12 megahertz of electromagnetic
spectrum, previously unallocated to private wireless, located between
150 megahertz and 1000 megahertz on a nationwide basis.
(b) Existing Incumbents.--In allocating electromagnetic spectrum
under subsection (a), the Commission shall ensure that existing
incumbencies do not inhibit effective access to use of newly allocated
spectrum to the detriment of the spectrum lease fee program.
(c) Timeframe.--
(1) Allocation.--The Commission shall allocate
electromagnetic spectrum under subsection (a) within 6 months
after the date of enactment of this Act.
(2) Access.--The Commission shall take such reasonable
action as may be necessary to ensure that initial access to
electromagnetic spectrum allocated under subsection (a)
commences not later than 12 months after the date of enactment
of this Act.
SEC. 6. DELEGATION OF AUTHORITY.
Section 5 of the Communications Act of 1934 (47 U.S.C. 155) is
amended by adding at the end thereof the following:
``(f) Delegation to Certified Frequency Advisory Committees.--
``(1) In general.--The Commission may, by published rule or
order, utilize the services of certified private land mobile
frequency advisory committees to assist in the computation,
assessment, collection, and processing of funds generated
through the spectrum lease fee program under section 12 of this Act.
Except as provided in paragraph (3), a decision or order made or taken
pursuant to such delegation shall have the same force and effect, and
shall be made, evidenced, and enforced in the same manner, as decisions
or orders of the Commission.
``(2) Processing and depositing of fees.--A frequency
advisory committee shall deposit any spectrum lease fees
collected by it under Commission authority with a banking agent
designated by the Commission in the same manner as it deposits
application filing fees collected under section 8 of this Act.
``(3) Review of actions.--A decision or order under
paragraph (1) is subject to review in the same manner, and to
the same extent, as decisions or orders under subsection (c)(1)
are subject to review under paragraphs (4) through (7) of
subsection (c).
SEC. 7. PROHIBITION OF USE OF COMPETITIVE BIDDING.
Section 309(j)(6) of the Communications Act of 1934 (47 U.S.C.
309(j)(6)) is amended--
(1) by striking ``or'' at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H)
and inserting a semicolon and ``or''; and
(3) by adding at the end thereof the following:
``(I) preclude the Commission from considering the
public interest benefits of private wireless
communications systems (as defined in section 2(3) of
the Spectrum Efficiency Reform Act of 1977) and making
allocations in circumstances in which--
``(i) the pre-defined geographic market
areas required for competitive bidding
processes are incompatible with the needs of
radio services for site-specific system
deployment;
``(ii) the unique operating characteristics
and requirements of Federal agency spectrum
users demand, as a prerequisite for sharing of
Federal spectrum, that nongovernment access to
the spectrum be restricted to radio systems
that are non subscriber-based;
``(iii) licensee concern for operational
safety, security, and productivity are of
paramount importance and, as a consequence,
there is no incentive, interest, or intent to
use the assigned frequency for producing
subscriber-based revenue; or
``(iv) the Commission, in its discretion,
deems competitive bidding processes to be
incompatible with the public interest,
convenience, and necessity.''.
SEC. 8. USE OF PROCEEDS FROM SPECTRUM LEASE FEES.
(a) Establishment of Account.--There is hereby established on the
books of the Treasury an account for the spectrum license fees
generated by the spectrum license fee system established under section
12 of the Communications Act of 1934 (47 U.S.C. 162). Except as
provided in subsections (b) and (c), all proceeds from spectrum lease
fees shall be deposited in the Treasury in accordance with chapter 33
of title 31, United States Code, and credited to the account
established by this subsection.
(b) Administrative Expenses.--Out of amounts received from spectrum
lease payments a fair and reasonable amount, as determined by the
Commission, may be retained by a certified frequency advisory committee
acting under section 5(f) of the Communications Act of 1934 (47 U.S.C.
155(f)) to cover costs incurred by it in administering the spectrum
lease fee program.
SEC. 9. LEASING NOT TO AFFECT COMMISSION'S DUTY TO ALLOCATE.
The implementation of spectrum lease fees as a license
administration mechanism is not a substitute for effective spectrum
allocation procedures. The Commission shall continue to allocate
spectrum to various services on the basis of fulfilling the needs of
these services, and shall not use fees or auctions as an allocation
mechanism. | Private Wireless Spectrum Availability Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), within six months after enactment of this Act, to: (1) implement a system of spectrum lease fees applicable to newly allocated frequency bands assigned to systems in private wireless service; (2) provide incentives for licensees to confine their radio communications to the area of operation actually required for that communication; and (3) permit FCC-certified private land mobile frequency advisory committees (committees) to assist in the computation, assessment, collection, and processing of amounts received under the system of spectrum lease fees. Provides for: (1) a formula to be used by private wireless licensees and committees to compute spectrum lease fees; and (2) lease fees based on the approximate value of the assigned frequencies to licensees (with a fee cap).
Directs the FCC to allocate for use under its spectrum lease fee program not less than 12 megahertz of electromagnetic spectrum, previously unallocated to private wireless, located between 150 megahertz and 1000 megahertz on a nationwide basis.
Provides for the delegation to committees of administrative functions under the spectrum lease system.
States that nothing shall preclude the FCC from considering the public interest benefits of private wireless communications systems and making spectrum allocations under specified circumstances which preclude the need for, or requirement of, competitive bidding for such allocations.
Establishes in the Treasury an account for the spectrum license fees generated under this Act.
States that the implementation of spectrum lease fees as a license administration mechanism is not a substitute for effective spectrum allocation procedures. | {"src": "billsum_train", "title": "Private Wireless Spectrum Availability Act"} | 2,239 | 342 | 0.607498 | 1.863791 | 0.770767 | 4.621359 | 6.711974 | 0.938511 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wallow Fire Recovery and Monitoring
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to direct the Secretary of Agriculture
to take certain actions--
(1) to rehabilitate and restore the Wallow Fire Area;
(2) to recover material that is fire-damaged, but still
merchantable, from the Wallow Fire Area before the material
loses economic value;
(3) to create defensible space around communities to
effectively and safely fight future fires in the vicinity of
the Wallow Fire Area;
(4) to monitor the environmental and economic effects of
the removal of fire-damaged trees from the Wallow Fire Area;
and
(5) to provide a mechanism to offset the costs of forest
restoration in the Wallow Fire Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Burned area emergency response.--The term ``burned area
emergency response'' means the process used by the Secretary to
plan and implement emergency stabilization actions on Federal
land in response to an immediate post-fire condition--
(A) to minimize threats to life or property; or
(B) to stabilize and prevent unacceptable
degradation to natural and cultural resources resulting
from the effects of the catastrophic event.
(2) Community protection management area.--The term
``Community Protection Management Area'' means--
(A) the wildland-urban interface in a community
wildfire protection plan;
(B) human development areas having special
significance, including critical communication sites,
high voltage transmission lines, developed recreation
sites, and other structures that, if destroyed by fire,
would result in hardship to communities; and
(C) the fuels adjacent to areas described in
subparagraph (B).
(3) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
the term in section 101 of the Healthy Forest Restoration Act
of 2003 (16 U.S.C. 6511).
(4) Hazard tree and commercial timber evaluation.--The term
``hazard tree and commercial timber evaluation'' means an
evaluation of the hazard trees and fire-damaged, dead, and
dying timber resources on the National Forest System land in
the Wallow Fire Area conducted in accordance with section 4.
(5) 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).
(6) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(8) Timber removal project.--The term ``timber removal
project'' means a timber removal project for the Wallow Fire
Area identified under a hazard tree and commercial timber
evaluation.
(9) Wallow fire.--The term ``Wallow Fire'' means the fire
that originated in the Bear Wallow Wilderness on May 29, 2011.
(10) Wallow fire area.--The term ``Wallow Fire Area'' means
the approximately 538,000-acre fire perimeter in the States of
Arizona and New Mexico, as depicted on the map entitled
``Wallow Fire Az-ASF-110152 Progression Map'' as of June 27,
2011 at 2249 hours.
SEC. 4. HAZARD TREE AND COMMERCIAL TIMBER EVALUATION.
(a) In General.--The Secretary shall conduct a hazard tree and
commercial timber evaluation that identifies timber resources
appropriate for removal within the Wallow Fire Area not later than the
date that is the earlier of--
(1) the date that is 30 days after the completion of the
burned area emergency response for the Wallow Fire Area; or
(2) the date that is 45 days after the date of containment
of the Wallow Fire.
(b) Report Required.--In conducting a hazard tree and commercial
timber evaluation under subsection (a), the Secretary shall prepare a
report that includes--
(1) a description of--
(A) the forest conditions in the burned areas of
the Wallow Fire Area; and
(B) the short- and long-term risks the conditions
pose to forest users, communities, private property,
and remaining resources;
(2) a map of areas for potential hazard tree removal, areas
for potential fire-damaged commercial tree removal, and areas
for potential elimination from harvest consideration, including
a delineation of the Community Protection Management Area for
the Wallow Fire Area;
(3) a map of the burn intensity within the Wallow Fire
Area;
(4) a preliminary determination of--
(A) the anticipated receipts to be derived from the
hazard and fire-damaged commercial timber identified
for removal in the Wallow Fire Area;
(B) the estimated costs to the Secretary associated
with the removal of the timber; and
(C) to the maximum extent practicable, receipts
likely to be lost if action is not taken in a timely
manner;
(5) a description of 1 or more proposals for timber removal
projects providing for the removal of hazard trees and fire-
damaged, dead, and dying timber resources in the Wallow Fire
Area; and
(6) a description of the desired outcomes of rehabilitation
and tree removal in burned portions of the Wallow Fire Area.
(c) Excluded Areas.--In identifying areas for tree removal under
subsection (a), the Secretary shall exclude high fire-severity burned
areas on steep slopes, slopes with an incline greater than 40 percent,
riparian areas, and fragile erosive sites, unless tree removal in those
areas is necessary to address public health and safety concerns.
(d) Public Involvement.--The Secretary shall facilitate the
meaningful involvement of State and local officials, Indian tribes,
institutions of higher education, and other interested persons during
the preparation of the hazard tree and commercial timber evaluation
conducted under this section.
(e) Deadline for Completion.--Not later than 45 days after the date
on which the Secretary commences the hazard tree and commercial timber
evaluation, the Secretary shall complete the hazard tree and commercial
timber evaluation.
SEC. 5. TIMBER REMOVAL PROJECTS.
(a) Timber Removal Project Requirements.--
(1) In general.--The Secretary shall limit the removal of
trees under a timber removal project under this Act to hazard
trees and trees that are already down, dead, or severely root-
sprung, such that mortality is highly probable.
(2) Considerations.--In selecting tree removal techniques
for a timber removal project under this Act, the Secretary
shall take into account the degree of ground disturbances, soil
types, soil saturation, worker safety, threatened and
endangered species, aquatic systems, and other ecological
values associated with the site of the timber removal project.
(3) Monitoring requirements.--The Secretary shall use an
effectiveness monitoring framework to assess the ecological and
economic effects of tree removal projects carried out under
this Act with respect to accomplishing desired outcomes
identified in the hazard tree and commercial timber evaluation.
(4) Limitation.--Nothing in this Act authorizes new
permanent road construction for timber removal.
(5) Congressional intent.--It is the intent of Congress
that all timber removal projects carried out under this Act be
completed by the date that is not later than 18 months after
the date of enactment of this Act.
(b) Environmental Compliance.--
(1) In general.--Except as otherwise provided in this Act,
the Secretary shall comply with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
applicable laws in planning and conducting timber removal
projects.
(2) NEPA requirements.--
(A) In general.--In the case of a timber removal
project to be conducted in a Community Protection
Management Area under this Act, the Secretary shall
prepare an environmental assessment for the proposed
agency action under section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
(B) Alternatives.--Nothing in this subsection
requires the Secretary to study, develop, or describe
any alternative to the proposed agency action in the
environmental assessment conducted under subparagraph
(A).
(C) Public participation.--The Secretary shall
provide an opportunity for public participation during
the preparation of the environmental assessment under
subparagraph (A), in accordance with existing
protocols.
(3) Administrative and judicial review.--Timber removal
projects carried out under this Act are subject to the special
administrative process and judicial review process under
sections 105 and 106 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6515, 6516).
(4) Use of receipts.--Amounts collected by the Secretary
from a timber removal project carried out under this Act shall
be available for expenditure by the Secretary for forest
restoration treatments in the Wallow Fire Area. | Wallow Fire Recovery and Monitoring Act - Requires the Secretary of Agriculture to conduct and report on a hazard tree and commercial timber evaluation that identifies timber resources appropriate for removal within the Wallow Fire Area in Arizona and New Mexico not later than the date that is the earlier of: (1) 30 days after the completion of the burned area emergency response for the Wallow Fire Area; or (2) 45 days after the date of containment of the Wallow Fire.
Requires the Secretary to: (1) exclude from areas identified for tree removal high fire-severity burned areas on steep slopes, slopes with an incline greater than 40%, riparian areas, and fragile erosive sites, unless tree removal in those areas is necessary to address public health and safety concerns; and (2) limit the removal of trees under a timber removal project under this Act to hazard trees and trees that are already down, dead, or severely root-sprung, such that mortality is highly probable.
Provides that: (1) nothing in this Act authorizes new permanent road construction for timber removal, and (2) it is the intent of Congress that all timber removal projects carried out under this Act be completed within 18 months of this Act's enactment.
Requires the Secretary, in the case of a timber removal project to be conducted in a Community Protection Management Area, to prepare an environmental assessment for the proposed agency action under the National Environmental Policy Act of 1969 (NEPA).
Subjects timber removal projects carried out under this Act to the special administrative process and judicial review process under the Healthy Forests Restoration Act of 2003.
Requires amounts collected from a timber removal project carried out under this Act to be available for expenditure by the Secretary for forest restoration treatments in the Wallow Fire Area. | {"src": "billsum_train", "title": "To direct the Secretary of Agriculture to take immediate action to recover ecologically and economically from a catastrophic wildfire in the States of Arizona and New Mexico, and for other purposes."} | 1,969 | 379 | 0.631017 | 1.890599 | 0.709104 | 6.414493 | 5.211594 | 0.976812 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Diabetes Prevention Act of
2013''.
SEC. 2. DIABETES PREVENTION UNDER THE MEDICARE PROGRAM.
(a) Coverage of Diabetes Prevention Program Services.--
(1) Coverage of services.--
(A) In general.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
(i) in subparagraph (EE), by striking
``and'' after the semicolon at the end;
(ii) in subparagraph (FF), by inserting
``and'' after the semicolon at the end; and
(iii) by adding at the end the following
new subparagraph:
``(GG) items and services furnished under a diabetes
prevention program (as defined in subsection (iii)(1)) to an
eligible diabetes prevention program individual (as defined in
subsection (iii)(2));''.
(B) Definitions.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x) is amended by adding at
the end the following new subsection:
``Diabetes Prevention Program; Eligible Diabetes Prevention Program
Individual; Qualified Diabetes Prevention Program Provider
``(iii)(1)(A) The term `diabetes prevention program' means a
program that--
``(i) meets the criteria described in subparagraph (B); and
``(ii) is furnished by a qualified diabetes prevention
program provider (as defined in paragraph (3)(A)).
``(B) The Secretary shall establish the criteria for a diabetes
prevention program. Such criteria shall be in accordance with the
standards under the National Diabetes Prevention Program, as
established by the Centers for Disease Control and Prevention, and
shall require that the program complies with the Federal regulations
(concerning the privacy of individually identifiable health
information) promulgated under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996. In establishing such
criteria, the Secretary may also consider other factors or clinical
evidence as the Secretary determines appropriate.
``(C) Items and services furnished under a diabetes prevention
program may be furnished in a community setting, as defined by the
Secretary.
``(D) The Secretary shall establish procedures under which a
qualified diabetes prevention program provider may contract with a
diabetes prevention program delivery partner to furnish the items and
services under a diabetes prevention program. For purposes of this
subsection, the term `diabetes prevention program delivery partner'
means an entity, including non-profit organizations, public and private
hospitals, State and local departments of public health, and Federally
qualified health centers, that meets criteria established by the
Secretary. Such criteria shall be in accordance with the standards
under the National Diabetes Prevention Program, as established by the
Centers for Disease Control and Prevention. In establishing such
criteria, the Secretary may also consider other factors or clinical
evidence as the Secretary determines appropriate.
``(2)(A) The term `eligible diabetes prevention program individual'
means an individual at risk for diabetes (as defined in subsection
(yy)(2)) who would benefit from items and services under a diabetes
prevention program, as determined based on criteria established by the
Secretary.
``(B) The criteria established under subparagraph (A) shall be in
accordance with the standards under the National Diabetes Prevention
Program, as established by the Centers for Disease Control and
Prevention. In establishing such criteria, the Secretary may also
consider other factors or clinical evidence as the Secretary determines
appropriate.
``(3)(A)(i) The term `qualified diabetes prevention program
provider' means any entity, including a Federally qualified health
center, that the Secretary determines--
``(I) is appropriate to furnish items and services under a
diabetes prevention program; and
``(II) meets criteria established by the Secretary, in
consultation with the Centers for Disease Control and
Prevention.
``(ii) A qualified diabetes prevention program provider may be, as
determined appropriate by the Secretary, a supplier (as defined in
subsection (d)), a provider of services (as defined in subsection (u)),
a health insurance or services company, a community-based organization,
or any other appropriate entity.
``(B) A qualified diabetes prevention program provider shall--
``(i) furnish the items and services under the diabetes
prevention program through a delivery partner (pursuant to
paragraph (1)(D)) unless no such delivery partner is available;
``(ii) manage and track the outcomes of a diabetes
prevention program (including attendance and weight loss of
participating individuals) through defined systems, including
outcomes of programs furnished under contract with a diabetes
prevention program delivery partner as defined in paragraph
(1)(D);
``(iii) implement business processes to manage program
workflow, such as eligibility, reporting, claims billing, class
scheduling, and enrollment;
``(iv) manage and verify billing accuracy and beneficiary
eligibility (as described in paragraph (2));
``(v) comply with applicable laws and regulations and
ensure such compliance by a diabetes prevention program
delivery partner;
``(vi) perform various forms of engagement with, and
outreach to, eligible diabetes prevention program individuals,
including those participating in programs furnished under
contract with a diabetes prevention program delivery partner;
``(vii) comply with all program integrity requirements as
established by the Secretary; and
``(viii) perform such other functions as established by the
Secretary.''.
(2) Amount of payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (Z)'' and inserting ``(Z)'';
and
(B) by inserting before the semicolon at the end
the following: ``, and (AA) with respect to items and
services furnished under a diabetes prevention program
(as defined in section 1861(iii)(1)), the amount paid
shall be 100 percent of (i) except as provided in
clause (ii), the lesser of the actual charge for the
items and services or the amount determined under the
fee schedule that applies to such items and services
under this part, as determined by the Secretary, and
(ii) in the case of such items and services that are
covered OPD services (as defined in subsection
(t)(1)(B)), the amount determined under subsection
(t)''.
(3) Waiver of application of deductible.--The first
sentence of section 1833(b) of the Social Security Act (42
U.S.C. 1395l(b)) is amended--
(A) by striking ``and'' before ``(10)''; and
(B) by inserting before the period the following:
``, and (11) such deductible shall not apply with
respect to items and services under a diabetes
prevention program (as defined in section
1861(iii)(1))''.
(4) Assignment of claims.--Section 1842(b)(18)(C) of the
Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by
adding at the end the following new clause:
``(vii) A qualified diabetes prevention program provider
(as defined in section 1861(iii)(3)(A)).''.
(5) Exclusion of items and services under a diabetes
prevention program from skilled nursing facility prospective
payment system.--Section 1888(e)(2)(A)(ii) of the Social
Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by
inserting ``items and services under a diabetes prevention
program (as defined in section 1861(iii)(1)),'' after
``qualified psychologist services,''.
(6) Inclusion in federally qualified health center
services.--Section 1861(aa)(3) of the Social Security Act (42
U.S.C. 1395x(aa)(3)) is amended--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the comma at
the end and inserting ``; and''; and
(C) by adding after subparagraph (B) the following
new subparagraph:
``(C) items and services under a diabetes prevention
program (as defined in section 1861(iii)(1)),''.
(7) Special consideration for the dual eligible
population.--In implementing the amendments made by this
subsection, the Secretary of Health and Human Services shall
give special consideration to the needs of individuals who are
dually eligible for benefits under the Medicare and Medicaid
programs.
(8) Evaluation and report to congress.--
(A) Evaluation.--The Secretary of Health and Human
Services shall conduct an evaluation on the coverage of
items and services under a diabetes prevention program
under the Medicare program, as added by the amendments
made by this subsection. Such evaluation shall include
an analysis of--
(i) the impact of the provision of such
coverage on Medicare beneficiaries, including
the impact on various populations, such as
individuals who are dually eligible for
benefits under the Medicare and Medicaid
programs, and the impact of the provision of
such coverage on health disparities;
(ii) the rate at which physicians refer
eligible diabetes prevention program
individuals to diabetes prevention programs
under the Medicare program;
(iii) Medicare beneficiary participation
levels in diabetes prevention programs under
the Medicare program and the awareness of
Medicare beneficiaries of the benefit;
(iv) the health outcomes resulting from
completion of a diabetes prevention program
under the Medicare program;
(v) program integrity protections important
to diabetes prevention programs under the
Medicare program; and
(vi) other areas determined appropriate by
the Secretary.
(B) Report.--Not later than January 1, 2019, the
Secretary of Health and Human Services shall submit to
Congress a report on the evaluation conducted under
subparagraph (A), together with recommendations for
such legislation and administrative actions as the
Secretary determines appropriate.
(9) Effective date.--The amendments made by paragraphs (1)
through (6) shall apply with respect to services furnished on
or after January 1, 2015.
(b) Inclusion of Referral Rates to Diabetes Prevention Programs in
the Medicare Physician Quality Reporting System.--Section
1848(k)(2)(C)(i) of the Social Security Act (42 U.S.C. 1395w-
4(k)(2)(C)(i)) is amended by adding at the end the following new
sentence: ``For purposes of reporting data on quality measures for
covered professional services furnished during 2018 and each subsequent
year, the quality measures specified under this paragraph shall include
a measure with respect to referrals of eligible diabetes prevention
program individuals (as defined in paragraph (2) of section 1861(iii))
to diabetes prevention programs (as defined in paragraph (1) of such
section).''.
(c) Inclusion of Diabetes Risk Assessment in Medicare Personalized
Prevention Plan.--
(1) In general.--Section 1861(hhh)(2)(C) of the Social
Security Act (42 U.S.C. 1395x(hhh)(2)(C)) is amended by
inserting before the period at the end the following: ``, and
an assessment of whether the individual is an individual at
risk for diabetes (as defined in subsection (yy)(2))''.
(2) Effective date.--The amendments made by this subsection
shall apply to personalized prevention plans created or updated
on or after January 1, 2015.
SEC. 3. FINDINGS; SENSE OF THE SENATE REGARDING DIABETES PREVENTION
UNDER THE MEDICAID PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The prevalence and cost of diabetes is a significant
concern for State Medicaid programs. By 2021, the Medicaid
program is expected to cover 13,000,000 people with diabetes
and about 9,000,000 people who may have pre-diabetes. By 2021,
States will spend an estimated $83,000,000,000 on individuals
with diabetes or pre-diabetes.
(2) The National Diabetes Prevention Program, as
established by the Centers for Disease Control and Prevention,
has been proven to reduce the onset of diabetes in at-risk
adults by 58 percent, using a cost-effective, community-based
intervention.
(b) Sense of the Senate.--It is the sense of the Senate that the
National Diabetes Prevention Program presents an opportunity for States
to reduce the incidence of diabetes among individuals enrolled in their
Medicaid programs. | Medicare Diabetes Prevention Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to provide coverage of diabetes prevention program services to an eligible diabetes prevention program individual. Directs the Secretary of Health and Human Services (HHS) to establish the criteria for a diabetes prevention program in accordance with the standards under the National Diabetes Prevention Program established by the Centers for Disease Control and Prevention (CDC). Excludes items and services under a diabetes prevention program from the skilled nursing facility prospective payment system. Includes: (1) items and services under a diabetes prevention programs among federally qualified health center services, (2) rates of referrals of eligible individuals to diabetes prevention programs among the quality measures for covered professional services in the Medicare physician quality reporting system, and (3) an individual's diabetes risk assessment in the individual's Medicare personalized prevention plan. Expresses the sense of the House that the National Diabetes Prevention Program presents an opportunity for states to reduce the incidence of diabetes among individuals enrolled in their Medicaid programs. | {"src": "billsum_train", "title": "Medicare Diabetes Prevention Act of 2013"} | 2,800 | 212 | 0.626353 | 1.482298 | 0.939076 | 4.553846 | 12.738462 | 0.923077 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Comprehensive
Strategy for Iraq Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Declaration of policy.
Sec. 3. Expiration of congressional authorization for use of military
force against Iraq.
Sec. 4. Prohibition on use of funds to establish or maintain permanent
United States military presence in Iraq.
Sec. 5. Preparation and submission of United States exit strategy from
Iraq and subsequent United States role in
Iraq.
Sec. 6. Assistance for employment programs and democracy, governance,
and related programs in Iraq.
Sec. 7. Presidential Special Envoys for Iraq Regional Security.
Sec. 8. Report.
Sec. 9. Sense of Congress.
SEC. 2. DECLARATION OF POLICY.
Congress declares that it is the policy of the United States--
(1) to enhance the national security of the United States
by pursuing a strategy that restores United States military
readiness, promotes success in the Global War on Terrorism, and
contributes to peace and stability in Iraq and the greater
Middle East region;
(2) to begin withdrawing United States Armed Forces from
Iraq and to complete the withdrawal in an orderly manner and at
the earliest practicable date, relinquishing to the Government
of Iraq full responsibility for maintaining security and public
safety;
(3) to recognize the elected Government of Iraq as the
legitimate government of a fully sovereign country and
encourage it to take greater responsibility over its natural
resources, security, and public safety within its borders;
(4) to support reconstruction efforts by the Government of
Iraq and to help involve the international community in those
and other stabilization efforts;
(5) to promote national reconciliation in Iraq, including
constitutional revisions to assure the participation of all
Iraqis in the Government of Iraq, equitable sharing of oil
revenues, integration of former Baathists into the national
life of Iraq, dismantling of sectarian militias, and a dialogue
among sectarian communities on the future of Iraq;
(6) to provide diplomatic and political support to the
Government of Iraq to achieve stability and an enduring
democracy;
(7) to transfer to Iraqi Security Forces all bases now
controlled by United States Armed Forces, and to maintain no
permanent bases or other long-term United States military
presence in Iraq;
(8) to fully support the total control and authority over
Iraq's oil assets by the sovereign Government of Iraq; and
(9) to vigorously prosecute a war on terrorist
organizations and networks around the world through an
integrated, comprehensive, and global strategy.
SEC. 3. EXPIRATION OF CONGRESSIONAL AUTHORIZATION FOR USE OF MILITARY
FORCE AGAINST IRAQ.
(a) Findings.--Congress makes the following findings:
(1) The sole authority for combat operations by the United
States Armed Forces in Iraq is the Authorization for Use of
Military Force Against Iraq Resolution of 2002 (Public Law 107-
243; 50 U.S.C. 1541 note).
(2) In Public Law 107-243, Congress authorized the use of
the Armed Forces as ``necessary and appropriate'' to ``defend
the national security of the United States against the
continuing threat posed by Iraq,'' and to ``enforce all
relevant United Nations Security Council resolutions regarding
Iraq''.
(3) Original missions assigned to the Armed Forces in
accordance with Public Law 107-243--to identify and destroy
Iraqi weapons of mass destruction capabilities, prevent Iraqi
Government support for international terrorism, and end the
authoritarian rule of Saddam Hussein--are no longer operative,
and on December 6, 2006, the Iraq Study Group concluded that
``sectarian violence is now the principle challenge to
stability in Iraq''.
(4) If the authority to use the Armed Forces as provided
under Public Law 107-243 is terminated, the President does not
have authority to continue combat operations in Iraq without
specific authorization by Congress in law.
(b) Expiration.--The authority for the President to use the Armed
Forces as provided by Public Law 107-243 expires on December 31, 2007.
(c) Rule of Construction.--No provision of law, other than Public
Law 107-243, shall be construed as providing authority for combat
operations in Iraq.
SEC. 4. PROHIBITION ON USE OF FUNDS TO ESTABLISH OR MAINTAIN PERMANENT
UNITED STATES MILITARY PRESENCE IN IRAQ.
Notwithstanding any other provision of law, funds appropriated or
otherwise made available under any provision of law may not be
obligated or expended for the purpose of establishing or maintaining a
permanent United States military presence in Iraq through the
establishment or use of military installations or facilities in Iraq
intended to be under the exclusive control of the Armed Forces rather
than under the control of the Government of Iraq.
SEC. 5. PREPARATION AND SUBMISSION OF UNITED STATES EXIT STRATEGY FROM
IRAQ AND SUBSEQUENT UNITED STATES ROLE IN IRAQ.
(a) Strategy Required.--No later than 30 days after the enactment
of this act, the President shall submit to Congress a report outlining
a strategy to bring combat operations by the United States Armed Forces
in Iraq to an end.
(b) Content of Strategy.--The strategy required by this section
shall include the following elements:
(1) A plan for phasing out the number of members of the
Armed Forces in Iraq so that the use of military force, as
authorized by the Authorization for Use of Military Force
Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C.
1541 note), ends no later than December 31, 2007.
(2) A description of the timetable for withdrawing the
Armed Forces from Iraq, including a date for the initial
withdrawal of the Armed Forces and specific objectives for
additional troop reductions before December 31, 2007.
(3) A description of the remaining mission of the Armed
Forces in Iraq, including an enumeration of the goals and
objectives of that mission and a strategy for achieving these
goals and objectives.
(4) An assessment of any need for a military mission to
begin after December 31, 2007, except that any such mission
shall only be advisory in nature and shall exclude combat
operations by Armed Forces personnel.
(5) An assessment of the need to maintain one or more units
of the Armed Forces in the region as a regional
counterterrorism strike force to rapidly respond to terrorism
threats against the United States and its interests.
(6) A plan for turning over authority for all remaining
security and government operations in Iraq to the Government of
Iraq.
(7) An assessment of remaining needs for the training and
fielding of the Iraqi Security Forces.
(8) An assessment of remaining reconstruction needs in
Iraq.
SEC. 6. ASSISTANCE FOR EMPLOYMENT PROGRAMS AND DEMOCRACY, GOVERNANCE,
AND RELATED PROGRAMS IN IRAQ.
(a) Assistance for Employment Programs.--
(1) Assistance authorized.--Subject to paragraph (2), the
President is authorized to provide assistance for projects
designed to provide employment opportunities for the people of
Iraq. Projects funded under this subsection shall be carried
out on an equitable basis in all regions of Iraq, as
appropriate.
(2) Certification.--Assistance may be provided under
paragraph (1) only if the President certifies to Congress that
the Government of Iraq has successfully concluded an agreement
that will allow for the peaceful sharing of power and resources
among major ethnic and sectarian factions in Iraq.
(3) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated to the
President $2,000,000,000 for each of the fiscal years 2008
through 2010.
(b) Assistance for Democracy, Governance, and Related Programs.--
(1) Assistance authorized.--The President is authorized to
provide assistance to strengthen democracy, governance, human
rights, the rule of law, and religious freedom in Iraq.
(2) Requirement.--To the maximum extent practicable, not
less than 50 percent of amounts made available to carry out
this subsection for a fiscal year shall be expended to support
the development of democratic institutions at the local and
provincial levels in Iraq.
(3) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated to the
President $300,000,000 for each of the fiscal years 2008
through 2010.
SEC. 7. PRESIDENTIAL SPECIAL ENVOYS FOR IRAQ REGIONAL SECURITY.
(a) Appointment of Special Envoys.--Not later than 15 days after
the date of the enactment of this Act, the President shall appoint two
Presidential Special Envoys for Iraq Regional Security.
(b) Duties.--The Presidential Special Envoys appointed pursuant to
subsection (a) shall have the following duties:
(1) Enter into discussions with the Government of Iraq and
governments of neighboring countries to support Iraq's efforts
to achieve peace and stability and to take necessary actions to
prevent regional instability.
(2) Organize and obtain commitments to participate in a
regional conference on Iraq's future, to include
representatives of the Government of the United States, the
Government of Iraq, the United Nations, the League of Arab
States, the European Union, and the governments of neighboring
countries, including, at minimum, the Governments of Egypt,
Iran, Jordan, Kuwait, Saudi Arabia, Syria, and Turkey.
(3) Organize an Iraq Support Group, consisting of
representatives of the entities described in paragraph (2), to
coordinate regional and international policy in support of
Iraq's efforts to achieve peace and stability.
(4) Work with officials of the Government of Iraq and other
domestic stakeholders to organize a forum for negotiations on
national reconciliation.
(c) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated such sums as may be necessary
for fiscal year 2008.
SEC. 8. REPORT.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on the following:
(1) The efforts of the United States to promote regional
dialogue on Iraq's future, including efforts by the
Presidential Special Envoys for Iraq Regional Security to carry
out the duties specified in section 7(b) of this Act.
(2) The status of pledges of financial assistance for the
relief and reconstruction of Iraq made by members of the
international community at the Madrid International Conference
on Reconstruction in Iraq and other international conferences
for the relief and reconstruction of Iraq since March 2003.
(3) The efforts of the United States to encourage other
countries and international institutions to fulfill the pledges
of financial assistance described in paragraph (2).
(b) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the Senate.
SEC. 9. SENSE OF CONGRESS.
It is the sense of Congress that the Government of the United
States should redeploy such diplomatic, political, and military assets
as are necessary--
(1) to complete Operation Enduring Freedom, including to
defeat remaining Taliban and al Qaeda forces threatening the
stability of Afghanistan; and
(2) to support efforts to dismantle terrorist networks and
deny terrorists haven in other regions of the world in which
terrorist organizations threaten the interests of the United
States. | Comprehensive Strategy for Iraq Act of 2007 - States that authority for the President to use the Armed Forces in Iraq as provided by P.L. 107-243 expires on December 31, 2007.
Prohibits the obligation or expenditure of funds for the purpose of establishing or maintaining a permanent U.S. military presence in Iraq through the establishment or use of military installations or facilities in Iraq intended to be under the exclusive control of the Armed Forces rather than under the control of the government of Iraq.
Directs the President, within 30 days after enactment of this Act, to report to Congress outlining a strategy to end U.S. combat operations in Iraq.
Authorizes the President to provide assistance: (1) for Iraqi employment projects upon a certification to Congress that the government of Iraq has concluded an agreement for the sharing of power and resources among major ethnic and sectarian factions in Iraq; and (2) to strengthen democracy, governance, human rights, the rule of law, and religious freedom in Iraq.
Directs the President to appoint two Presidential Special Envoys for Iraq Regional Security who shall: (1) enter into discussions with the government of Iraq and governments of neighboring countries to support Iraq's peace efforts and to take necessary actions to prevent regional instability; (2) organize a regional conference on Iraq's future; (3) organize an Iraq Support Group to coordinate regional and international policy in support of Iraq's peace efforts; and (4) work with officials of the government of Iraq and other domestic stakeholders to organize a forum for national reconciliation negotiations.
Expresses the sense of Congress that the U.S. government should redeploy necessary diplomatic, political, and military assets to: (1) complete Operation Enduring Freedom, including to defeat remaining Taliban and al Qaeda forces threatening Afghanistan; and (2) support efforts to dismantle terrorist networks in other regions of the world. | {"src": "billsum_train", "title": "To provide for the withdrawal of United States Armed Forces from Iraq, to authorize assistance for Iraq, and for other purposes."} | 2,554 | 397 | 0.665538 | 2.026027 | 0.803849 | 6.179775 | 6.662921 | 0.960674 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lincoln Legacy Infrastructure
Development Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the American Association of State Highway and
Transportation Officials estimates current highway, bridge,
public transit, and freight and passenger rail funding needs
are approximately $225,000,000,000 to $340,000,000,000 per year
through 2055, while current spending is less than
$90,000,000,000 per year;
(2) according to the organization known as Transportation
for America, 69,223 bridges, or 11.5 percent of all highway
bridges in the United States, are considered structurally
deficient;
(3) according to the Congressional Research Service, for
fiscal year 2010, the Highway Trust Fund, the primary funding
source for highways and transit, received approximately
$35,000,000,000 in revenue but spent approximately
$50,000,000,000;
(4) Congress transferred $34,500,000,000 in general revenue
to the Highway Trust Fund during the period of fiscal years
2008 to 2010 to keep the Highway Trust Fund solvent;
(5) Highway Trust Fund outlays during the period of fiscal
years 2011 to 2021 are expected to exceed revenues and interest
by approximately $120,000,000,000;
(6) the Congressional Budget Office estimates that the
Highway Trust Fund will be unable to meet obligations of the
Highway Trust Fund sometime during fiscal year 2012;
(7) the United States Chamber of Commerce estimates that
further deterioration of transportation networks could result
in as much as $336,000,000,000 in lost growth during the 5
years after the date of enactment of this Act;
(8) private-public partnerships are an important tool to
help address transportation infrastructure shortfalls;
(9) infrastructure experts estimate that there is more than
$400,000,000,000 available for private-sector capital
infrastructure investment;
(10) according to the Federal Highway Administration, 29
States and 1 United States territory have enacted legislation
enabling private-public partnerships; and
(11) State and local governments are uniquely positioned to
further develop and use innovative financing methods for all
modes of infrastructure.
SEC. 3. FEDERAL-AID HIGHWAYS.
(a) Vending Machines.--Section 111(b) of title 23, United States
Code, is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(2) Blind vending facilities.--Notwithstanding any other
provision of this Act--
``(A) the Secretary shall not impose any surcharge
on a State with respect to any blind vending facility
established pursuant to paragraph (1); and
``(B) the priority accorded licensed blind vendors
by paragraph (1) shall not be otherwise limited or
diminished as a result of the implementation of the
Lincoln Legacy Infrastructure Development Act.''.
(b) Toll Roads, Bridges, Tunnels, and Ferries.--Section 129(a)(3)
of title 23, United States Code, is amended in the last sentence by
striking ``for any purpose for which Federal funds may be obligated by
a State under this title'' and inserting ``, including revenues
received as a result of any agreement entered into by the State for the
sale, lease, or concession of a highway, bridge, or tunnel, only for
purposes relating to a highway or transit transportation project
carried out under this title or title 49''.
(c) HOV Facilities.--Section 166(a) of title 23, United States
Code, is amended by striking paragraph (2) and inserting the following:
``(2) Occupancy requirement.--
``(A) In general.--Except as provided in
subparagraph (B) and in other provisions of this
section, not fewer than 2 occupants per vehicle may be
required for use of a HOV facility.
``(B) Congestion.--In any case in which a State
determines that a HOV facility is a degraded facility
(as described in subsection (d)(2)(B)) or that the
average speed of traffic on a HOV facility slows to
less than the minimum average operating speed (as
defined in subsection (d)(2)(A)), the State shall
require not fewer than 3 occupants per vehicle for use
of the HOV facility.''.
(d) Innovative Surface Transportation Financing Methods.--
(1) Value pricing pilot program.--Section 1012(b)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 149 note; 105 Stat. 1938) is amended in the second
sentence by striking ``as many as 15 such State or local
governments or public authorities'' and inserting ``States,
local governments, and public authorities''.
(2) Interstate system reconstruction and rehabilitation
pilot program.--Section 1216(b)(2) of the Transportation Equity
Act for the 21st Century (23 U.S.C. 129 note; 112 Stat. 212) is
amended--
(A) in the first sentence, by striking ``3'' and
inserting ``10''; and
(B) by striking the second sentence.
(e) Express Lanes Demonstration Program.--Section 1604(b)(2) of the
SAFETEA-LU (23 U.S.C. 129 note; 119 Stat. 1250) is amended in the
matter preceding subparagraph (A)--
(1) by striking ``15''; and
(2) by striking ``2005 through 2009'' and inserting ``2012
through 2017''.
(f) Interstate System Construction Toll Pilot Program.--Section
1604(c) of the SAFETEA-LU (23 U.S.C. 129 note; 119 Stat. 1253) is
amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (9) and (1) as paragraphs
(1) and (2), respectively; and
(3) in paragraph (8), by striking ``the date of enactment
of this Act'' and inserting ``the date of enactment of the
Lincoln Legacy Infrastructure Development Act''.
SEC. 4. INFRASTRUCTURE FINANCE.
(a) Nonsubordination.--
(1) Secured loans.--Section 603(b) of title 23, United
States Code, is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) and (8) as
paragraphs (6) and (7), respectively.
(2) Lines of credit.--Section 604(b) of title 23, United
States Code, is amended--
(A) by striking paragraph (8); and
(B) by redesignating paragraphs (9) and (10) as
paragraphs (8) and (9), respectively.
(b) Reauthorization.--Section 608(a) of title 23, United States
Code, is amended--
(1) in paragraph (1), by striking ``$122,000,000 for each
of fiscal years 2005 through 2009'' and inserting
``$750,000,000 for each of fiscal years 2012 through 2017'';
and
(2) in paragraph (3) by striking ``$2,200,000 for each of
fiscal years 2005 through 2009'' and inserting ``$7,500,000 for
each of fiscal years 2012 through 2017''.
SEC. 5. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM.
(a) Eligible Activities.--Section 822(b)(1) of title 45, United
States Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(D) carry out projects and activities that
benefit high-speed rail; or
``(E) carry out development phase activities,
including planning, feasibility analysis, revenue
forecasting, environmental review, permitting,
preliminary engineering and design work, and other
preconstruction activities.''.
(b) Credit Risk Requirements.--Section 822(h)(2) of title 45,
United States Code, is amended by inserting ``For purposes of making a
finding under subsection (g)(4), the Secretary, through the
Administrator of the Federal Railroad Administration, shall consider
the net present value of anticipated dedicated revenues or user fees to
be collateral offered by the applicant.'' after ``the project.''.
(c) Biannual Report.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the Administrator
of the Federal Railroad Administration shall submit a report to
Congress that describes--
(1) the number of loans pending and issued under section
822 of title 45, United States Code; and
(2) the time taken to process each of the loans described
in paragraph (1).
SEC. 6. PUBLIC TRANSPORTATION.
(a) Definitions.--In this section--
(1) the term ``Administrator'' mean the Administrator of
the Federal Transit Administration;
(2) the term ``covered HOT lane facility'' means any high
occupancy/toll lane facility used by a bus service operated by
a public transportation agency, without regard to whether the
high occupancy/toll lane facility was converted from a high
occupancy vehicle facility;
(3) the term ``eligible project'' means a project carried
out using funding under section 5307 or 5309 of title 49,
United States Code;
(4) the term ``eligible recipient'' means a recipient of
funding under section 5307 or 5309 of title 49, United States
Code;
(5) the term ``experimental program'' means the public-
private partnership experimental program established under
subsection (b); and
(6) the term ``fixed guideway miles'' includes fixed
guideway revenue vehicle-miles, fixed guideway route miles, and
fixed guideway vehicle passenger-miles.
(b) Public-Private Partnership Experimental Program.--
(1) Program established.--The Administrator shall establish
a 6-year public-private partnership experimental program to
encourage eligible recipients to carry out tests and
experimentation in the project development process that are
designed to--
(A) attract private investment in covered projects;
and
(B) increase project management flexibility and
innovation, improve efficiency, allow for timely
project implementation, and create new revenue streams.
(2) Implementation of program.--The experimental program
shall--
(A) except as provided in paragraph (5), identify
any provisions of chapter 53 of title 49, United States
Code, and any regulations or practices thereunder, that
impede greater use of public-private partnerships and
private investment in covered projects; and
(B) develop procedures and approaches that--
(i) address the impediments described in
subparagraph (A), in a manner similar to the
Special Experimental Project Number 15 of the
Federal Highway Administration (commonly
referred to as ``SEP-15''); and
(ii) protect the public interest and any
public investment in covered projects.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter until the
termination of the experimental program, the Administrator
shall submit to Congress a report on the status of the
experimental program.
(4) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall issue rules to
carry out the experimental program.
(5) Rule of construction.--Nothing in this subsection may
be construed to allow the Administrator to waive any
requirement under--
(A) section 5333 of title 49, United States Code;
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(C) any other provision of Federal law not
described in paragraph (2)(A).
(c) Determination of Number of Fixed Guideway Miles.--
(1) In general.--For purposes of apportioning funding under
sections 5307 and 5309 of title 49, United States Code, the
Administrator shall deem covered HOT lane facility miles in an
area to be fixed guideway miles attributable to the area.
(2) Amount apportioned not affected.--Notwithstanding any
other provision of law, the Secretary may not apportion an
amount for an urbanized area under section 5307 or 5309 of
title 49, United States Code, for fiscal year 2012, or any
fiscal year thereafter, that is less than the amount
apportioned for the urbanized area under section 5307 or 5309,
respectively, for fiscal year 2011, if the reduction in amount
is solely attributable to the requirement under paragraph (1).
(3) Availability of funds.--There shall be available from
the Mass Transit Account of the Highway Trust fund for fiscal
year 2012, and each fiscal year thereafter, such sums as are
necessary to carry out this subsection.
SEC. 7. REMOVAL OF CAP ON EXEMPT FACILITY BONDS USED TO FINANCE
QUALIFIED HIGHWAY OR SURFACE FREIGHT TRANSFER FACILITIES.
(a) In General.--Subsection (m) of section 142 of the Internal
Revenue Code of 1986 is amended--
(1) by striking paragraph (2), and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3).
(b) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 8. REDUCTION IN ANNUAL ADJUSTMENTS TO PAY SCHEDULES FOR FEDERAL
EMPLOYEES FOR FISCAL YEARS 2013 THROUGH 2021.
For each of fiscal years 2013 through 2021, section 5303(a) of
title 5, United States Code, shall be applied by substituting ``1
percentage point'' for ``one-half of 1 percentage point''.
SEC. 9. FUNDING.
Of the Federal funds saved for the period of fiscal years 2013
through 2021 as a result of the application of section 9 of this Act
and subsections (b) and (c) of section 147 of the Continuing
Appropriations Act, 2011 (Public Law 111-242; 124 Stat. 2607, 124 Stat.
3518)--
(1) such sums as may be necessary to carry out this Act and
any amendments made by this Act shall be deposited into the
Highway Trust Fund; and
(2) the remainder of the funds shall be used for purposes
of deficit reduction. | Lincoln Legacy Infrastructure Development Act - Prohibits the Secretary of Transportation (DOT) from imposing a federal surcharge on a state that has allowed the placement of blind vending facilities in rest and recreation areas, and in safety rest areas, located on Interstate System (IS) rights-of-way.
Revises state high occupancy vehicle (HOV) facility requirements to increase from a minimum of two to a minimum of three the number of occupants per vehicle for use of an HOV facility in cases of congestion meeting certain criteria.
Amends the Intermodal Surface Transportation Efficiency Act of 1991 to remove limits on the number of state or local governments or public authorities with which the Secretary may enter into cooperative agreements to establish value pricing pilot programs (in effect, allowing extension of the programs to all such authorities).
Amends the Transportation Equity Act for the 21st Century (TEA-21) to increase from 3 to 10 the number of IS highways, bridges, or tunnels where a state may collect tolls for the reconstruction and rehabilitation of IS highway corridors.
Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to eliminate restrictions on: (1) the number of projects under the express lanes demonstration program (currently 15), and (2) the number of IS facilities on which the Secretary may collect IS construction tolls (currently 3).
Eliminates the nonsubordination of secured loans and lines of credit used to finance surface transportation project costs to the claims of any holder of project obligations in the event of the obligor's bankruptcy, insolvency, or liquidation. (Thus allows subordination of secured loans and lines of credit to such claims.)
Makes eligible for railroad rehabilitation and improvement direct loans and loan guarantees: (1) projects and activities that benefit high-speed rail, and (2) development phase activities.
Directs the Administrator of the Federal Transit Administration (FTA) to establish a six-year public-private partnership experimental program to encourage recipients of certain federal assistance to carry out tests and experimentation in the public transportation project development process designed to: (1) attract private investment in such projects (including high occupancy/toll [HOT] lane facilities); and (2) increase project management flexibility and innovation, improve efficiency, allow for timely project implementation, and create new revenue streams.
Amends the Internal Revenue Code to remove the cap on the aggregate allowable amount of tax-exempt bonds to finance qualified highway or surface freight transfer facilities.
Revises a specified formula in order to reduce annual adjustments to pay schedules for federal employees for FY2013-FY2021. | {"src": "billsum_train", "title": "To amend titles 23, 45, and 49, United States Code, to encourage the use of private-public partnerships in transportation."} | 3,190 | 563 | 0.441014 | 1.632077 | 0.609212 | 2.413043 | 5.66996 | 0.820158 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Exploitation Through
Trafficking Act of 2014''.
SEC. 2. SAFE HARBOR INCENTIVES.
Part Q of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd et seq.) is amended--
(1) in section 1701(c), by striking ``where feasible'' and
all that follows, and inserting the following: ``where
feasible, to an application--
``(1) for hiring and rehiring additional career law
enforcement officers that involves a non-Federal contribution
exceeding the 25 percent minimum under subsection (g); or
``(2) from an applicant in a State that has in effect a law
that--
``(A) treats a minor who has engaged in, or has
attempted to engage in, a commercial sex act as a
victim of a severe form of trafficking in persons;
``(B) discourages or prohibits the charging or
prosecution of an individual described in subparagraph
(A) for a prostitution or sex trafficking offense,
based on the conduct described in subparagraph (A); and
``(C) encourages the diversion of an individual
described in subparagraph (A) to appropriate service
providers, including child welfare services, victim
treatment programs, child advocacy centers, rape crisis
centers, or other social services.''; and
(2) in section 1709, by inserting at the end the following:
``(5) `commercial sex act' has the meaning given the term
in section 103 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7102).
``(6) `minor' means an individual who has not attained the
age of 18 years.
``(7) `severe form of trafficking in persons' has the
meaning given the term in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7102).''.
SEC. 3. REPORT ON RESTITUTION PAID IN CONNECTION WITH CERTAIN
TRAFFICKING OFFENSES.
Section 105(d)(7)(Q) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended--
(1) by inserting after ``1590,'' the following: ``1591,'';
(2) by striking ``and 1594'' and inserting ``1594, 2251,
2251A, 2421, 2422, and 2423'';
(3) in clause (iv), by striking ``and'' at the end;
(4) in clause (v), by striking ``and'' at the end; and
(5) by inserting after clause (v) the following:
``(vi) the number of individuals required
by a court order to pay restitution in
connection with a violation of each offense
under title 18, United States Code, the amount
of restitution required to be paid under each
such order, and the amount of restitution
actually paid pursuant to each such order; and
``(vii) the age, gender, race, country of
origin, country of citizenship, and description
of the role in the offense of individuals
convicted under each offense; and''.
SEC. 4. NATIONAL HUMAN TRAFFICKING HOTLINE.
Section 107(b)(2) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) National human trafficking hotline.--
Beginning in fiscal year 2017 and each fiscal year
thereafter, of amounts made available for grants under
this paragraph, the Secretary of Health and Human
Services shall make grants for a national communication
system to assist victims of severe forms of trafficking
in persons in communicating with service providers. The
Secretary shall give priority to grant applicants that
have experience in providing telephone services to
victims of severe forms of trafficking in persons.''.
SEC. 5. JOB CORPS ELIGIBILITY.
Section 144(3) of the Workforce Investment Act of 1998 (29 U.S.C.
2884(3)) is amended by adding at the end the following:
``(F) A victim of a severe form of trafficking in
persons (as defined in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7102)). Notwithstanding paragraph (2), an
individual described in this subparagraph shall not be
required to demonstrate eligibility under such
paragraph.''.
SEC. 6. CLARIFICATION OF AUTHORITY OF THE UNITED STATES MARSHALS
SERVICE.
Section 566(e)(1) of title 28, United States Code, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (C), the following:
``(D) assist State, local, and other Federal law
enforcement agencies, upon the request of such an
agency, in locating and recovering missing children.''.
SEC. 7. ESTABLISHING A NATIONAL STRATEGY TO COMBAT HUMAN TRAFFICKING.
(a) In General.--The Attorney General shall implement and maintain
a National Strategy for Combating Human Trafficking (referred to in
this section as the ``National Strategy'') in accordance with this
section.
(b) Required Contents of National Strategy.--The National Strategy
shall include the following:
(1) Integrated Federal, State, local, and tribal efforts to
investigate and prosecute human trafficking cases, including--
(A) the development by each United States attorney,
in consultation with State, local, and tribal
government agencies, of a district-specific strategic
plan to coordinate the identification of victims and
the investigation and prosecution of human trafficking
crimes;
(B) the appointment of not fewer than 1 assistant
United States attorney in each district dedicated to
the prosecution of human trafficking cases or
responsible for implementing the National Strategy;
(C) the participation in any Federal, State, local,
or tribal human trafficking task force operating in the
district of the United States attorney; and
(D) any other efforts intended to enhance the level
of coordination and cooperation, as determined by the
Attorney General.
(2) Case coordination within the Department of Justice,
including specific integration, coordination, and
collaboration, as appropriate, on human trafficking
investigations between and among the United States attorneys,
the Human Trafficking Prosecution Unit, the Child Exploitation
and Obscenity Section, and the Federal Bureau of Investigation.
(3) Annual budget priorities and Federal efforts dedicated
to preventing and combating human trafficking, including
resources dedicated to the Human Trafficking Prosecution Unit,
the Child Exploitation and Obscenity Section, the Federal
Bureau of Investigation, and all other entities that receive
Federal support that have a goal or mission to combat the
exploitation of adults and children.
(4) An ongoing assessment of the future trends, challenges,
and opportunities, including new investigative strategies,
techniques, and technologies, that will enhance Federal, State,
local, and tribal efforts to combat human trafficking.
(5) Encouragement of cooperation, coordination, and mutual
support between private sector and other entities and
organizations and Federal agencies to combat human trafficking,
including the involvement of State, local, and tribal
government agencies to the extent Federal programs are
involved. | Stop Exploitation Through Trafficking Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to give preferential consideration in awarding Community Oriented Police Services (COPS) grants to an application from an applicant in a state that has in effect a law that: (1) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; (2) discourages or prohibits the charging or prosecution of such individual for a prostitution or sex trafficking offense based on such conduct; or (3) encourages the diversion of such an individual to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services. Amends the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) to require the Attorney General's annual report on federal agencies that are implementing provisions relating to the Interagency Task Force to Monitor and Combat Trafficking to include information on the activities of such agencies in cooperation with state, tribal, and local law enforcement officials to identify, investigate, and prosecute the following offenses: (1) sex trafficking by force, fraud, or coercion or with a minor; (2) sexual exploitation of children; (3) the selling and buying of children; (4) transportation with intent that the victim engage in illegal sexual activity; (5) coercion or enticement to travel for illegal sexual activity; and (6) transportation of minors for illegal sexual activity. Requires such information to include: (1) the number of individuals required by a court order to pay restitution in connection with a violation of each offense and the amount of such restitution; and (2) the age, gender, race, country of origin, country of citizenship, and description of the role of individuals convicted under each offense. Amends the VTVPA to require the Secretary of Health and Human Services (HHS), annually beginning in FY2017, to make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. Amends the Workforce Investment Act of 1998 to include victims of a severe form of trafficking in persons among those eligible for the Job Corps without being required to demonstrate low-income eligibility. Authorizes the United States Marshals Service to assist state, local, and other federal law enforcement agencies, upon request, in locating and recovering missing children. Directs the Attorney General to implement and maintain a National Strategy for Combating Human Trafficking that includes: (1) integrated federal, state, local, and tribal efforts to investigate and prosecute human trafficking cases; (2) case coordination within the Department of Justice (DOJ); (3) annual budget priorities and federal efforts dedicated to preventing and combating human trafficking; (4) an ongoing assessment of future trends, challenges, and opportunities; and (5) encouragement of cooperation, coordination, and mutual support between the private sector and federal agencies to combat human trafficking. | {"src": "billsum_train", "title": "Stop Exploitation Through Trafficking Act of 2014"} | 1,728 | 658 | 0.592646 | 1.823589 | 0.672826 | 4.842735 | 2.663248 | 0.894017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Technology Development and
Outreach Act''.
SEC. 2. OUTREACH AND SUPPORT ACTIVITIES.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended by
inserting after subsection (r) the following:
``(s) Outreach and Support Activities.--
``(1) In general.--Subject to the other provisions of this
subsection, the Administrator shall make grants on a
competitive basis to organizations, to be used by the
organizations to do one or both of the following:
``(A) To conduct outreach efforts to increase
participation in the programs under this section.
``(B) To provide application support and
entrepreneurial and business skills support to
prospective participants in the programs under this
section.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator $10,000,000 to carry
out paragraph (1) for each of fiscal years 2010 and 2011.
``(3) Amount of assistance.--For each of subparagraphs (A)
and (B) of paragraph (1), the amount of assistance provided to
an organization under that subparagraph in any fiscal year--
``(A) shall be equal to the total amount of
matching funds from non-Federal sources provided by the
organization; and
``(B) shall not exceed $250,000.
``(4) Direction.--An organization receiving funds under
paragraph (1) shall, in using those funds, direct its
activities at one or both of the following:
``(A) Small business concerns located in geographic
areas that are underrepresented in the programs under
this section.
``(B) Small business concerns owned and controlled
by women, small business concerns owned and controlled
by service-disabled veterans, and small business
concerns owned and controlled by minorities.
``(5) Advisory board.--
``(A) Establishment.--Not later than 90 days after
the date of the enactment of this subsection, the
Administrator shall establish an advisory board for the
activities carried out under this subsection.
``(B) Non-applicability of faca.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the advisory board.
``(C) Members.--The members of the advisory board
shall include the following:
``(i) The Administrator (or the
Administrator's designee).
``(ii) For each Federal agency required by
this section to conduct an SBIR program, the
head of the agency (or the designee of the head
of the agency).
``(iii) Representatives of small business
concerns that are current or former recipients
of SBIR awards, or representatives of
organizations of such concerns.
``(iv) Representatives of service providers
of SBIR outreach and assistance, or
representatives of organizations of such
service providers.
``(D) Duties.--The advisory board shall have the
following duties:
``(i) To develop guidelines for awards
under paragraph (1), including guidelines
relating to award sizes, proposal requirements,
measures for monitoring awardee performance,
and measures for determining the overall value
of the activities carried out by the awardees.
``(ii) To identify opportunities for
coordinated outreach, technical assistance, and
commercialization activities among Federal
agencies, the recipients of the awards under
paragraph (1), and applicants and recipients of
SBIR awards, including opportunities such as--
``(I) podcasting or webcasting for
conferences, training workshops, and
other events;
``(II) shared online resources to
match prospective applicants with the
network of paragraph (1) recipients;
and
``(III) venture capital conferences
tied to technologies and sectors that
cross agencies.
``(iii) To review and recommend revisions
to activities under paragraph (1).
``(iv) To submit to the Committee on Small
Business and Entrepreneurship of the Senate and
the Committee on Small Business and the
Committee on Science and Technology of the
House of Representatives an annual report on
the activities carried out under paragraph (1)
and the effectiveness and impact of those
activities.
``(6) Selection criteria.--In awarding grants under this
subsection, the Administrator shall use selection criteria
developed by the advisory board established under paragraph
(5). The criteria shall include--
``(A) criteria designed to give preference to
applicants who propose to carry out activities that
will reach either an underperforming geographic area or
an underrepresented population group (as measured by
the number of SBIR applicants);
``(B) criteria designed to give preference to
applicants who propose to carry out activities that
complement, and are integrated into, the existing
public-private innovation support system for the
targeted region or population;
``(C) criteria designed to give preference to
applicants who propose to measure the effectiveness of
the proposed activities; and
``(D) criteria designed to give preference to
applicants who include a Small Business Development
Center program that is accredited for its technology
services.
``(7) Peer review.--In awarding grants under this
subsection, the Administrator shall use a peer review process.
Reviewers shall include--
``(A) SBIR program managers for agencies required
by this section to conduct SBIR programs; and
``(B) private individuals and organizations that
are knowledgeable about SBIR, the innovation process,
technology commercialization, and State and regional
technology-based economic development programs.
``(8) Per-state limitations.--
``(A) In general.--To be eligible to receive a
grant under this subsection, the applicant must have
the written endorsement of the Governor of the State
where the targeted regions or populations are located
(if the regions or populations are located in more than
one State, the applicant must have the written
endorsement of the Governor of each such State). Such
an endorsement must indicate that the Governor will
ensure that the activities to be carried out under the
grant will be integrated with the balance of the
State's portfolio of investments to help small business
concerns commercialize technology.
``(B) Limitation.--Each fiscal year, a Governor may
have in effect not more than one written endorsement
for a grant under paragraph (1)(A), and not more than
one written endorsement for a grant under paragraph
(1)(B).
``(9) Specific requirements for awards.--In making awards
under paragraph (1) the Administrator shall ensure that each
award shall be for a period of 2 fiscal years. The
Administrator shall establish rules and performance goals for
the disbursement of funds for the second fiscal year, and funds
shall not be disbursed to a recipient for such a fiscal year
until after the advisory board established under this
subsection has determined that the recipient is in compliance
with the rules and performance goals.''.
SEC. 3. RURAL PREFERENCE.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is
further amended by adding at the end the following:
``(aa) Rural Preference.--In making awards under this section,
Federal agencies shall give priority to applications so as to increase
the number of SBIR and STTR award recipients from rural areas.''.
SEC. 4. OBTAINING SBIR APPLICANT'S CONSENT TO RELEASE CONTACT
INFORMATION TO ECONOMIC DEVELOPMENT ORGANIZATIONS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is
further amended by adding at the end the following:
``(bb) Consent To Release Contact Information to Organizations.--
``(1) Enabling concern to give consent.--Each Federal
agency required by this section to conduct an SBIR program
shall enable a small business concern that is an SBIR applicant
to indicate to the agency whether the agency has its consent
to--
``(A) identify the concern to appropriate local and
State-level economic development organizations as an
SBIR applicant; and
``(B) release the concern's contact information to
such organizations.
``(2) Rules.--The Administrator shall establish rules to
implement this subsection. The rules shall include a
requirement that the agency include in its SBIR application
forms a provision through which the applicant can indicate
consent for purposes of paragraph (1).''.
SEC. 5. INCREASED PARTNERSHIPS BETWEEN SBIR AWARDEES AND PRIME
CONTRACTORS, VENTURE CAPITAL INVESTMENT COMPANIES, AND
LARGER BUSINESSES.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is
further amended by adding at the end the following:
``(cc) Increased Partnerships.--
``(1) In general.--Each agency required by this section to
conduct an SBIR program shall establish initiatives by which
the agency encourages partnerships between SBIR awardees and
prime contractors, venture capital investment companies,
business incubators, and larger businesses, for the purpose of
facilitating the progress of the SBIR awardees to the third
phase.
``(2) Definition.--In this subsection, the term `business
incubator' means an entity that provides coordinated and
specialized services to entrepreneurial businesses which meet
selected criteria during the businesses' startup phases,
including providing services such as shared office space and
office services, access to equipment, access to
telecommunications and technology services, flexible leases,
specialized management assistance, access to financing,
mentoring and training services, or other coordinated business
or technical support services designed to provide business
development assistance to entrepreneurial businesses during
these businesses' startup phases.''. | Rural Technology Development and Outreach Act - Amends provisions of the Small Business Act relating to the Small Business Innovation Research (SBIR) Program and the Small Business Technology Transfer (STTR) Program to direct the Administrator of the Small Business Administration (SBA) to make grants to organizations to: (1) conduct outreach efforts to increase participation in such programs; and (2) provide application, entrepreneurial, and business skills support to prospective program participants. Requires organizations receiving such funds to direct activities toward small businesses: (1) located in areas that are underrepresented in SBIR and STTR programs; or (2) owned and controlled by women, service-disabled veterans, and minorities. Directs the Administrator to establish an advisory board to carry out authorized activities. Provides a two-year period for each grant award.
Requires federal agencies, in making SBIR and STTR grant awards, to prioritize applications so as to increase the number of recipients from rural areas.
Directs each federal agency conducting an SBIR program to: (1) receive consent to identify the small business applicant to appropriate local and state economic development organizations; and (2) encourage partnerships between SBIR awardees and prime contractors, venture capital investment companies, business incubators, and larger businesses for the purpose of facilitating the progress of SBIR awardees to the third phase of the program. | {"src": "billsum_train", "title": "To amend the Small Business Act to improve outreach and support activities and to increase award recipients from rural areas with respect to the Small Business Innovation Research Program and the Small Business Technology Transfer Program, and for other purposes."} | 2,051 | 281 | 0.570918 | 1.647776 | 0.865479 | 2.84375 | 7.6875 | 0.945313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Fisheries Act of 1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Subject Fishing Vessel'' means any vessel
that--
(A) commercially engages in the catching, taking,
or harvesting of fish or any activity that can
reasonably be expected to result in the catching,
taking, or harvesting of fish, or is used or equipped
for, the processing of fish for commercial use or
consumption;
(B) was not a ``vessel of the United States'' on
September 25, 1997, as such term is defined in section
4 of this Act;
(C) was the subject of letter rulings stating that
the vessel would satisfy both the grandfather
provisions of section 4(a)(4) and section 7 of Public
Law 100-239; and
(D) was built in the United States and was--
(i) purchased, or contracted for purchase
prior to July 28, 1987;
(ii) the subject of a contract for
rebuilding entered into before July 12, 1988;
(iii) rebuilt in a foreign shipyard and
redelivered to the owner prior to July 28,
1990; and
(iv) not owned or controlled by the same
entity during the occurrence of each of the
events described in clauses (i) through (iii)
of this subparagraph.
For purposes of subparagraph (D)(iv) an entity shall not be
deemed to be the ``same entity'' if, prior to July 28, 1990,
the ownership of a corporation or partnership with title to or
an ownership interest in a Subject Fishing Vessel was sold to
different individuals, corporations, or partnerships, or title
to, or an ownership interest in, the Subject Fishing Vessel was
sold to different individuals, corporations, or partnerships.
(2) The term ``fishing history'' means the record of prior
fishing activity or performance of a fishing vessel that may be
considered in relationship to any form of limited access or
other fishery management plan or plan amendment enacted
pursuant to the Magnuson-Stevens Fishery Conservation and
Management Act.
(3) The term ``fishing privilege'' means any authorization,
consent, or other permission necessary for a fishing vessel to
participate in any fishery of the United States.
(4) The term ``Secretary'' means the Secretary of Commerce
or his designee.
SEC. 3. PHASEOUT OF SUBJECT FISHING VESSELS.
(a) Notwithstanding the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) or any other provision of law,
except as provided in subsection (b), all fishery licenses, permits, or
other fishing privileges of Subject Fishing Vessels that have the
effect of allowing the operation of such vessels in the fisheries of
the United States, and any fishing history of such vessels, are hereby
revoked.
(b) Notwithstanding subsection (a), any fishery license, permit, or
other fishing privilege of a Subject Fishing Vessel that has the effect
of allowing the operation of such a vessel in the Bering Sea pollock
fishery and the Pacific whiting fishery--
(1) shall remain in effect until December 31, 2001; and
(2) shall not be transferred or reissued to another
individual, corporation, partnership, association, trust, joint
venture, or other entity for use in conjunction with any other
fishing or fish processing vessel including another Subject
Fishing Vessel.
(c) All fishery licenses, permits, and other fishing privileges of
Subject Fishing Vessels that have the effect of allowing such vessels
to operate in any fishery of the United States, and all fishing history
of such vessels shall be permanently revoked on December 31, 2001, and
no new licenses, permits, or other fishing privileges may be issued
that would have the effect of allowing Subject Fishing Vessels to
operate in any fishery of the United States on or after December 31,
2001.
SEC. 4. FISHING VESSEL QUALIFICATIONS.
(a) For the purposes of this Act, a ``vessel of the United States''
as defined by section 3(43)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802(43)(A)), shall be a
vessel that is documented under the laws of the United States and is
owned by a corporation, partnership, association, trust, joint venture,
or other entity in which at least a 75 percent controlling interest in
such entity, in the aggregate, is owned by citizens of the United
States.
(b) All fishing vessels, other than Subject Fishing Vessels, shall
have 18 months from the date of enactment of this Act to comply with
subsection (a). Upon the expiration of such 18-month period, any
fishing privileges, and fishing history, related to the operation in a
fishery of the United States of any vessel that is not in compliance
with subsection (a) shall be immediately revoked.
SEC. 5. MORATORIUM ON LARGE FISHING VESSELS.
(a) In General.--Notwithstanding any provision of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), no large fishing vessel may engage in the harvesting of any fish
in the United States exclusive economic zone until such time after the
date of enactment of this Act as a fishery management plan, developed
by the Secretary, a regional fishery management council, or an
interstate marine fishery management commission, as appropriate, that
specifically authorizes large fishing vessels to engage in the
harvesting of fish in the exclusive economic zone of the United States,
has been approved and implemented.
(b) Large Fishing Vessel Defined.--In this section, the term
``large fishing vessel'' means a fishing vessel of the United States
(as that term is defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802)) that is equal to or
greater than 165 feet in length overall, of more than 750 gross
registered tons, or that has engines capable of producing a total of
more than 3,000 shaft horsepower.
(c) Savings Clause.--This section shall not apply to any large
fishing vessel which has fished in a fishery or fisheries of the United
States prior to the date of introduction of this Act, and which was
endorsed with a fishery endorsement that was effective on September 25,
1997, and has not been surrendered at any time thereafter, unless the
Secretary approves and implements fishery management plans or
amendments to such plans which specifically exclude such vessels from a
fishery or fisheries.
(d) Replacement of Lost Fishing Vessels.--Notwithstanding
subsection (a) of this section, the owner of an existing large fishing
vessel that had a valid fishery license, permit, or other fishing
privilege on September 25, 1997, may obtain a fishery license, permit,
or other fishing privilege for a replacement vessel in the event of the
actual total loss or constructive total loss after September 25, 1997,
of such existing vessel, if--
(1) such loss was caused by an act of God, an act of war, a
collision, an act or omission of a party other than the owner
or agent of the vessel, or any other event not caused by the
willful misconduct of the owner or agent;
(2) the existing vessel actively harvested fishery
resources in the exclusive economic zone of the United States
during the year prior to such loss;
(3) the replacement vessel is of the same or lesser
registered length, gross registered tons, and shaft horsepower
than the existing vessel;
(4) the fishery license, permit, or other fishing privilege
for the new vessel is issued within 24 months of the loss of
the existing vessel; and
(5) the replacement vessel otherwise qualifies under laws
of the United States for a fishery license, permit, or other
fishing privilege.
(e) Fishing Vessels Operating in Fisheries Outside the Exclusive
Economic Zone.--This section shall not apply to a fishing vessel
engaged exclusively in a fishery in which the fishing is conducted
primarily outside of the boundaries of the exclusive economic zone of
the United States as that zone is defined in section 3 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). | American Fisheries Act of 1998 - Revokes permanently all licenses, permits, and other fishing privileges that have the effect of allowing specified vessels that "are not vessels of the United States" (Subject Fishing Vessels) to operate in U.S. fisheries, as well as any fishing history of such vessels. Exempts from such revocation, until December 31, 2001, the operation of such vessels in the Bering Sea pollock fishery and the Pacific whiting fishery.
Mandates a fish harvesting moratorium for large fishing vessels in the U.S. exclusive economic zone until approval and implementation of a fishery management plan (developed by either the Secretary of Commerce, a regional fishery management council, or an interstate marine fishery management commission) specifically authorizing large fishing vessels to harvest fish in such zone.
Declares such moratorium inapplicable to any fishing vessel engaged exclusively in a fishery conducted primarily outside the U.S. exclusive economic zone. | {"src": "billsum_train", "title": "American Fisheries Act of 1998"} | 1,869 | 217 | 0.476943 | 1.367488 | 0.832962 | 3.366864 | 10.04142 | 0.881657 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Foreign Language
Coordination Act of 2009''.
SEC. 2. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE COORDINATION
COUNCIL.
(a) Establishment.--There is established in the Executive Office of
the President a National Foreign Language Coordination Council (in this
Act referred to as the ``Council''), directed by a National Language
Advisor (in this Act referred to as the ``Advisor'') appointed by the
President.
(b) Membership.--The Council shall consist of the following members
or their designees:
(1) The Advisor, who shall serve as the chairperson of the
Council.
(2) The Secretary of Education.
(3) The Secretary of Defense.
(4) The Secretary of State.
(5) The Secretary of Homeland Security.
(6) The Attorney General.
(7) The Director of National Intelligence.
(8) The Secretary of Labor.
(9) The Secretary of Commerce.
(10) The Secretary of Health and Human Services.
(11) The Director of the Office of Personnel Management.
(12) The heads of such other Federal agencies as the
Council considers appropriate.
(c) Responsibilities.--
(1) In general.--The Council shall be charged with--
(A) overseeing, coordinating, and implementing
continuing national security and education language
initiatives;
(B) not later than 18 months after the date of
enactment of this Act, developing a national foreign
language strategy, building upon efforts such as the
National Security Language Initiative, the National
Language Conference, the National Defense Language
Roadmap, the Language Continuum of the Department of
State, and others, in consultation with--
(i) State and local government agencies;
(ii) academic sector institutions;
(iii) foreign language-related interest
groups;
(iv) business associations, including
industry;
(v) heritage associations; and
(vi) other relevant stakeholders;
(C) conducting a survey of the status of Federal
agency foreign language and area expertise and agency
needs for such expertise; and
(D) monitoring the implementation of such strategy
through--
(i) application of current and recently
enacted laws; and
(ii) the promulgation and enforcement of
rules and regulations.
(2) Strategy content.--The strategy developed under
paragraph (1) shall include--
(A) recommendations for amendments to title 5,
United States Code, in order to improve the ability of
the Federal Government to recruit and retain
individuals with foreign language proficiency and
provide foreign language training for Federal
employees;
(B) the long-term goals, anticipated effect, and
needs of national security language initiatives;
(C) identification of crucial priorities across all
sectors;
(D) identification and evaluation of Federal
foreign language programs and activities, including--
(i) any duplicative or overlapping programs
that may impede efficiency;
(ii) recommendations on coordination;
(iii) program enhancements; and
(iv) allocation of resources so as to
maximize use of resources;
(E) needed national policies and corresponding
legislative and regulatory actions in support of, and
allocation of designated resources to, promising
programs and initiatives at all levels (Federal, State,
and local), especially in the less commonly taught
languages that are seen as critical for national
security and global competitiveness during the next 20
to 50 years;
(F) effective ways to increase public awareness of
the need for foreign language skills and career paths
in all sectors that can employ those skills, with the
objective of increasing support for foreign language
study among--
(i) Federal, State, and local leaders;
(ii) students;
(iii) parents;
(iv) elementary, secondary, and
postsecondary educational institutions; and
(v) employers;
(G) recommendations for incentives for related
educational programs, including foreign language
teacher training;
(H) coordination of cross-sector efforts, including
public-private partnerships;
(I) coordination initiatives to develop a strategic
posture for language research and recommendations for
funding for applied foreign language research into
issues of national concern;
(J) identification of and means for replicating
best practices at all levels and in all sectors,
including best practices from the international
community; and
(K) recommendations for overcoming barriers in
foreign language proficiency.
(d) Submission of Strategy to President and Congress.--Not later
than 18 months after the date of enactment of this Act, the Council
shall prepare and submit to the President and the relevant committees
of Congress the strategy required under subsection (c).
(e) Meetings.--The Council may hold such meetings, and sit and act
at such times and places, as the Council considers appropriate, but
shall meet in formal session not less than 2 times a year. State and
local government agencies and other organizations (such as academic
sector institutions, foreign language-related interest groups, business
associations, industry, and heritage community organizations) shall be
invited, as appropriate, to public meetings of the Council at least
once a year.
(f) Staff.--
(1) In general.--The Advisor may--
(A) appoint, without regard to the provisions of
title 5, United States Code, governing the competitive
service, such personnel as the Advisor considers
necessary; and
(B) compensate such personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of that title.
(2) Detail of government employees.--Upon request of the
Council, any Federal Government employee may be detailed to the
Council without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(3) Experts and consultants.--With the approval of the
Council, the Advisor may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(4) Travel expenses.--Council members and staff 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 Council.
(5) Security clearance.--
(A) In general.--Subject to subparagraph (B), the
appropriate Federal agencies or departments shall
cooperate with the Council in expeditiously providing
to the Council members and staff appropriate security
clearances to the extent possible pursuant to existing
procedures and requirements.
(B) Exception.--No person shall be provided with
access to classified information under this section
without the appropriate required security clearance
access.
(6) Compensation.--The rate of pay for any employee of the
Council (including the Advisor) may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(g) Powers.--
(1) Delegation.--Any member or employee of the Council may,
if authorized by the Council, take any action that the Council
is authorized to take in this Act.
(2) Information.--
(A) Council authority to secure.--The Council may
secure directly from any Federal agency such
information, consistent with Federal privacy laws,
including The Family Educational Rights and Privacy Act
(20 U.S.C. 1232g) and Department of Education's General
Education Provisions Act (20 U.S.C. 1232(h)), the
Council considers necessary to carry out its
responsibilities.
(B) Requirement to furnish requested information.--
Upon request of the Advisor, the head of such agency
shall furnish such information to the Council.
(3) Donations.--The Council may accept, use, and dispose of
gifts or donations of services or property.
(4) Mail.--The Council may use the United States mail in
the same manner and under the same conditions as other Federal
agencies.
(h) Conferences, Newsletter, and Website.--In carrying out this
Act, the Council--
(1) may arrange Federal, regional, State, and local
conferences for the purpose of developing and coordinating
effective programs and activities to improve foreign language
education;
(2) may publish a newsletter concerning Federal, State, and
local programs that are effectively meeting the foreign
language needs of the Nation; and
(3) shall create and maintain a website containing
information on the Council and its activities, best practices
on language education, and other relevant information.
(i) Annual Report.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Council shall
prepare and transmit to the President and the relevant committees of
Congress a report that describes--
(1) the activities of the Council;
(2) the efforts of the Council to improve foreign language
education and training; and
(3) impediments to the use of a National Foreign Language
program, including any statutory and regulatory restrictions.
(j) Establishment of a National Language Advisor.--
(1) In general.--The National Language Advisor appointed by
the President shall be a nationally recognized individual with
credentials and abilities across the sectors to be involved
with creating and implementing long-term solutions to achieving
national foreign language and cultural competency.
(2) Responsibilities.--The Advisor shall--
(A) develop and monitor the implementation of a
national foreign language strategy, built upon the
efforts of the National Security Language Initiative,
across all sectors;
(B) establish formal relationships among the major
stakeholders in meeting the needs of the Nation for
improved capabilities in foreign languages and cultural
understanding, including Federal, State, and local
government agencies, academia, industry, labor, and
heritage communities; and
(C) coordinate and lead a public information
campaign that raises awareness of public and private
sector careers requiring foreign language skills and
cultural understanding, with the objective of
increasing interest in and support for the study of
foreign languages among national leaders, the business
community, local officials, parents, and individuals.
(k) Encouragement of State Involvement.--
(1) State contact persons.--The Council shall consult with
each State to provide for the designation by each State of an
individual to serve as a State contact person for the purpose
of receiving and disseminating information and communications
received from the Council.
(2) State interagency councils and lead agencies.--Each
State is encouraged to establish a State interagency council on
foreign language coordination or designate a lead agency for
the State for the purpose of assuming primary responsibility
for coordinating and interacting with the Council and State and
local government agencies as necessary.
(l) Congressional Notification.--The Council shall provide to
Congress such information as may be requested by Congress, through
reports, briefings, and other appropriate means.
(m) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this Act. | National Foreign Language Coordination Act of 2009 - Establishes, in the Executive Office of the President, a National Foreign Language Coordination Council to: (1) oversee and implement continuing national security and education language initiatives; (2) develop a national foreign language strategy; (3) conduct a survey of the status of federal agency foreign language and area expertise and agency needs for such expertise; and (4) monitoring the implementation of such strategy.
Establishes a National Language Advisor, to be appointed by the President, to: (1) chair the Council; (2) develop and monitor implementation of the strategy, built upon the efforts of the National Security Language Initiative; (3) establish formal relationships among major stakeholders, including federal, state, and local government agencies, academia, industry, labor, and heritage communities; and (4) coordinate and lead a public information campaign.
Requires the Council to consult with states to provide for designation of state contact persons. Encourages formation of state interagency councils, or designation of state lead agencies, to coordinate with the Council and state and local agencies. | {"src": "billsum_train", "title": "A bill to establish a National Foreign Language Coordinator Council."} | 2,292 | 218 | 0.734847 | 2.105947 | 1.286063 | 4.056075 | 10.425234 | 0.953271 |
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